Petersburg Circuit Court, Virginia Pre-Motion Conference Requirements

CRITICAL

The Court will not hear a motion in limine on the morning of trial if it requires more than five minutes of argument.

The Court will not hear motions in limine requiring more than five (5) minutes of argument on the morning of trial.

CRITICAL

The moving party must allow at least 7 days for a written response, and a hearing may not occur until the response period expires.

The moving party shall allow the responding party no less than 7 days to file a written response to the motion, and the Court will not allow a hearing on the motion until the period for a response has expired.

CRITICAL

Dispositive motions must be presented for hearing as early as practical and no later than the pretrial conference.

All dispositive motions shall be presented to the court for hearing as far in advance of the pretrial conference as practical, and in no case later than the pretrial conference.

CRITICAL

Unless the court grants leave, a motion in limine requiring more than five minutes of argument must be noticed and heard before the day of trial.

Absent leave of court, any motion in limine which requires argument exceeding five minutes shall be duly noticed and heard before the day of trial.

CRITICAL

For hearings not scheduled at Term Day, the responding party must have at least 7 days to reply to the motion; bond motions are excepted.

Hearings not scheduled at Term Day must allow the responding party no less than 7 days to reply to the motion, except bond motions.

CRITICAL

The Court must hear oral argument on a motion when requested by counsel or an unrepresented party, except that argument on reconsideration motions and motions in cases with a pro se incarcerated party occurs only at the Court’s request; the Court may limit argument length.

Except as otherwise provided herein, upon request of counsel of record for any party, or an unrepresented party, or at the Court's request, the Court shall hear oral argument on a motion. Argument on a motion for reconsideration or any motion in any case where a pro se incarcerated person is a party shall be heard orally only at the request of the Court. The Court may place reasonable limits on the length of oral argument.

CRITICAL

Cases scheduled for jury trial require a conference addressing motions and other pretrial matters.

All cases scheduled for a jury trial will require a pre-trial scheduling order and conference for motions and other pre-trial matters.

CRITICAL

Opposing counsel has 7 days to respond in writing, and no hearing may occur before that period expires; the clerk must refuse a hearing request made less than 7 days after filing unless the Court instructs otherwise.

Opposing counsel shall have 7 days to respond in writing. No hearing will be conducted until the period to respond has expired. The clerk shall refuse any request to schedule a hearing on a motion less than 7 days from the motion filing date, unless instructed to do so by the Court.

CRITICAL

Dispositive motions must be presented for hearing as far in advance of trial as practical.

All dispositive motions shall be presented to the court for hearing as far in advance of the trial date as practical.

WARNING

Counsel are encouraged to schedule hearings on demurrers, special pleas, summary-judgment motions, and other dispositive motions within 60 days after filing.

All counsel of record are encouraged to bring on for hearing all demurrers, special pleas, motions for summary judgment or other dispositive motions not more than 60 days after being filed.

WARNING

For a brief longer than five pages, the Court may determine a briefing schedule at the parties’ request.

If a brief will be more than five (5) pages in length, a briefing schedule may be determined by the Court at the request of the parties.

WARNING

Counsel or unrepresented parties shall make a reasonable effort to confer to resolve the subject of the motion and to determine a mutually agreeable hearing date and time.

Counsel or unrepresented parties shall make a reasonable effort to confer to resolve the subject of the motion and to determine a mutually agreeable hearing date and time.

INFO

The defense and Commonwealth are encouraged to confer about availability and schedule motion-hearing dates before Term Day.

The defense and Commonwealth are encouraged to confer about availability and pre-schedule motions hearing dates before Term Day.

INFO

The parties may schedule other motions on the election hearing date to reduce appearances.

Parties may also schedule other motions on the election hearing date to reduce the number of appearances.