Petersburg Circuit Court, Virginia Filing Timing and Cure Windows

CRITICAL

A hearing on an obscene-book declaration must occur within two weeks from filing.

| 18.2-384 | obscene book decl. | two weeks from filing |

CRITICAL

If the Defendant gives notice of other expert testimony, the Commonwealth must file a rebuttal-expert appointment motion immediately after reviewing the disclosures and notice.

2. If the Defendant gives notice of any other expert testimony, then the Commonwealth must file a motion for appointment of a rebuttal expert immediately after reviewing the defense disclosures and notice.

CRITICAL

Orders prepared after a hearing are scheduled for presentation by the parties at the next Term Day, and counsel must appear unless the Court enters the order before that date.

Orders prepared after the hearing will be scheduled for presentation by the parties at the next Term Day with appearance of counsel required unless entered by the Court prior to the Order presentation date.

CRITICAL

A hearing on a serious-offender release request must be scheduled within 30 days of the request.

| 16.1-285.2 | serious offender commit. | Schedule hearing within 30 days of request for release |

CRITICAL

The appointed expert must submit the allowance list within 30 days after entry of the final order.

The court appointed expert shall document the time and expenses incurred evaluating the defendant and submit a detailed list of allowances to this Court on the form prescribed by the Supreme Court of Virginia within 30 days of the entry of a final Order in this case for payment from the treasury of the Commonwealth of Virginia.

CRITICAL

A hearing in a compensation-board appeal is scheduled within 45 days.

| 15.2-1636.9 | compensation board appeal | 45 days for hearing |

CRITICAL

Parties must submit witness subpoena requests to the clerk immediately after a trial date is agreed to or scheduled, and no less than ten days before trial.

The parties must submit witness subpoena requests to the clerk immediately after a trial date is agreed to by counsel or scheduled. The requesting party must submit the subpoena request no less than ten (10) days prior to the trial date.

CRITICAL

Applies to

Pretrial conference brief and applicable worksheets and forms

The Pretrial Conference Brief and applicable worksheets and forms must be filed with the court five days before the pretrial conference.

Five (5) days prior to the pretrial conference the Pretrial Conference Brief and all worksheets and forms that are applicable to the case must be completed and exchanged by counsel and filed with the court.

CRITICAL

Juvenile-program reconsideration matters must be heard within 30 days.

| 16.1-289.1 | juv. Program reconsider | hearing within 30 days |

CRITICAL

A request to terminate deferred disposition must be acted on within 30 days.

| 18.2-57.3 | terminate def. disposition | 30 days from request |

CRITICAL

The expert report must be submitted at least 45 days before trial, unless the parties agree in writing to a different period and submit the agreement to the Court.

The court appointed expert shall not be permitted to testify as a defense witness unless the expert prepares and submits a written report detailing all findings and conclusions along with all supporting data to the Court, Attorney General and defense counsel no less than forty-five (45) days prior to trial schedule for the ___ day of _____, 202_, at _____, a.m./p.m., unless a different time period is agreed to by the parties in writing and submitted to the Court.

CRITICAL

Deadline

48 hours

Counsel must exchange proposed jury instructions and provide the Clerk copies or references to them at least 48 hours before trial.

Counsel shall exchange copies of proposed instructions and provide copies of such instructions or the references thereto to the Clerk at least forty-eight (48) hours before trial.

CRITICAL

FOIA cases must be heard within 7 days.

| 2.2-3713 | FOIA | heard within 7 days |

CRITICAL

The Defendant must file any written objection to the specified Commonwealth notice or certificate of analysis at least 60 days before trial.

8. The Defendant shall file any written objection to the Commonwealth's notice of DNA or other Department of Forensic Sciences certificate of analysis no less than 60 days before trial.

CRITICAL

Applies to

Petition

Petitions must be filed before a hearing date is assigned.

All petitions must be filed with payment of appropriate Clerk's fees before a hearing date is assigned.

CRITICAL

The plaintiff must receive notice of entry of the discontinuance order 30 days before the order is entered.

that the Court provided the plaintiff notice of entry of this Order of Discontinuance thirty (30) days prior to entry;

CRITICAL

Required discovery, inspection, notice, or disclosure must be provided no later than 30 days before trial, though a party may move for earlier or later disclosure.

(3) A party required to provide discovery, inspection, notice or disclosure shall do so no later than thirty (30) days prior to trial. A party may file a motion for earlier or later disclosure.

CRITICAL

Deadline

10 calendar days

A motion by the accused under this Order must be made at least 10 calendar days before the scheduled trial date.

A motion by the accused under this Order must be made at least ten (10) calendar days before the day fixed for trial.

CRITICAL

When a pretrial conference is required, it must be scheduled with the Court Administrator at least thirty days before trial.

When a pretrial conference is required, it shall be scheduled with the Court Administrator no less than Thirty (30) days prior to trial.

CRITICAL

Hearings on motions for competency or sanity evaluation must be scheduled at least 60 days before trial.

Motions for evaluation of competency and sanity must be scheduled for a hearing no less than 60 days prior to trial.

CRITICAL

The exhibit and witness lists must be filed with the Clerk when exchanged, but the exhibits themselves must not be filed at that time.

The lists of exhibits and witnesses shall be filed with the Clerk of the Court simultaneously therewith but the exhibits shall not then be filed.

CRITICAL

Counsel or unrepresented parties must deliver a final order to the Clerk within thirty days after a non-suit or final settlement; late delivery may result in the Court entering an order sua sponte.

Within thirty (30) days of the taking of a non-suit or a final settlement, counsel for the parties or unrepresented parties shall deliver the final order to the Clerk. The failure to deliver timely an appropriate order to the Clerk may result in the Court entering an order sua sponte.

CRITICAL

A termination-of-parental-rights matter must be heard within 90 days from the appeal notice.

| 16.1-296 | term. Parental rights | 90 days from appeal notice |

CRITICAL

A pretrial hearing must be scheduled at least 10 days before the jury trial.

A pretrial hearing must be scheduled on a date no less than ten (10) days prior to the jury trial.

CRITICAL

Discovery-related motions must be made before discovery is complete.

Motions to compel discovery or other motions regarding specific discovery requests shall be made in advance of the completion of discovery provided in this section.

CRITICAL

Objections to exhibits or witnesses must be filed with the Clerk at least five days before trial; late objections are waived unless the court grants leave for good cause.

Any objections to exhibits or witnesses shall state the legal reasons therefor except on relevancy grounds, and shall be filed with the Clerk of the Court and a copy delivered to opposing counsel at least five days before trial or the objections will be deemed waived absent leave of court for good cause shown.

CRITICAL

Requests to appoint or continue appointing a Guardian ad Litem must be filed immediately.

The parties shall immediately file any request for the Appointment or Continued Appointment of a Guardian ad Litem providing in the motion the basis for appointment pursuant to Virginia Code §16.1-266.

CRITICAL

The parties must exchange and submit the worksheets five days before the pretrial conference.

Five (5) days prior to the pretrial conference the parties shall exchange and submit the clerk proposed equitable distribution worksheets (The statutory factors that are applicable to the case and what evidence counsel expects to produce at trial to support each factor), income and expense worksheets, spousal support guideline worksheets, and child support guideline worksheets.

CRITICAL

Military-deployment temporary-order matters take precedence on the docket for a period not to exceed 30 days.

| 20-124.8 | temp. ord. military deploy. | Precedence on docket not to exceed 30 days |

CRITICAL

If the Defendant gives the specified notice, the Commonwealth must file a rebuttal-expert appointment and evaluation motion immediately after reviewing the defense disclosures and notice.

1. If the Defendant gives notice of an insanity defense or intent to introduce evidence pursuant to COV §19.2-271.6, then the Commonwealth must file a motion for appointment of a rebuttal expert and request for evaluation of the defendant pursuant to Va. Code Section 19.2-168.1 immediately after reviewing the defense disclosures and notice.

WARNING

The parties are expected to file any motions or objections before the scheduled sentencing.

The parties are expected to file any motions or objections for a hearing in advance of the scheduled sentencing to avoid inconvenience to sentencing witnesses.

WARNING

Briefs should be filed with the Clerk and served on opposing counsel sufficiently before the hearing for the Court to consider them.

Any such briefs should be filed with the Clerk and served on opposing counsel of record sufficiently before the hearing to allow the Court to consider the issues involved.