Petersburg Circuit Court, Virginia Service and Proof of Service Rules

CRITICAL

Service

Court service

The parties must schedule other motions to reinstate after the Clerk sends notice to appear at the next term day for a scheduling conference.

Other motions to re-instate shall be scheduled by the parties after the Clerk has sent the parties notice to appear at the next term day for a scheduling conference.

CRITICAL

The Defendant must notify the Commonwealth of an alibi defense 30 days before trial and provide written disclosures consistent with Rule 3A:11(c)(2).

5. The Defendant shall provide to the Commonwealth notice 30 days prior to trial of any alibi defense with written disclosures consistent with Rule 3A:11(c) (2).

CRITICAL

Counsel must exchange specified exhibit and witness lists, and any exhibits not previously provided in discovery, 30 days before trial and before the pretrial conference.

Counsel shall exchange Thirty (30) days before trial and before the pretrial conference a list specifically identifying each exhibit to be introduced at trial, copies of any exhibits not previously supplied in discovery, and a list of witnesses proposed to be introduced at trial.

CRITICAL

The Commonwealth must permit inspection of discoverable materials within 30 days of receipt and no later than 30 days before trial, unless the Court grants leave on a written motion filed before trial.

3. The Commonwealth shall permit the inspection of all discoverable materials pursuant to Rule 3A:11 (b) within 30 days of receipt and no later than 30 days prior to trial except by leave of Court upon written motion filed by the Commonwealth prior to trial.

CRITICAL

The Attorney General must provide the relevant medical and psychological records and reports to defense counsel 60 days before the annual review hearing.

The Court further directs the Attorney General to provide the relevant medical and psychological records and reports pertaining to the respondent to defense counsel sixty (60) days prior to the scheduled annual review hearing.

CRITICAL

The Defendant must give notice of intended expert testimony 60 days before trial and include written reports of scientific tests the Defense intends to offer under Rule 3A:11(c)(1).

6. The Defendant shall provide notice 60 days prior to trial of any expert testimony including written reports of any scientific tests which the Defense intends to proffer or offer into evidence pursuant to Rule 3A:11(c) (1).

CRITICAL

The Commonwealth must notify the Defendant of a rebuttal expert 15 days before trial and produce the expert's evaluation report and reviewed written materials.

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. The Commonwealth shall provide notice 15 days prior to trial of any rebuttal expert, produce the expert's evaluation report, and provide a copy of all written materials reviewed by the expert.

CRITICAL

Service

Court service to all parties

The Clerk must send the parties notice of pre-set civil hearings upon filing.

The Clerk shall send the parties notice of these hearings upon filing.

CRITICAL

Each party must deliver one exhibit-binder copy to opposing counsel and two copies to the Court on the trial date.

The party shall prepare separate copies of the exhibit binder and deliver one copy to opposing counsel and two copies to the Court on the trial date.

CRITICAL

Applies to

Pretrial worksheets

The parties must exchange the specified 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

A copy of each objection to exhibits or witnesses must be delivered to opposing counsel 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

The clerk must forward the Notice to the probation officer for delivery to the defendant and the Commonwealth's Attorney.

The clerk of this Court shall forward a copy of this Notice to the probation officer for delivery to the defendant and to the Commonwealth's Attorney.

CRITICAL

Deadline

2 business days

Unless the Court waives compliance, counsel of record must mail or email proposed jury instructions to the Clerk two business days before trial.

Counsel of record, unless compliance is waived by the court, shall, two (2) business days before the jury trial date, mail or email proposed instructions to the Clerk.

CRITICAL

Absent leave of court, when the supporting brief is five pages or fewer, the required notice and supporting brief must be served at least ten days before the hearing.

Absent leave of court, if a brief in support of a motion is five (5) or fewer pages in length, the required notice and the brief shall be filed and served at least ten (10) days before the hearing and any brief in opposition to the motion shall be filed and served at least five (5) days before the hearing.

CRITICAL

Counsel must exchange the completed Pretrial Conference Brief and applicable worksheets and forms 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

Counsel must exchange exhibit and witness lists, along with copies of exhibits not previously produced in discovery, 15 days before trial.

Counsel of record shall exchange 15 days before trial a list specifically identifying each exhibit to be introduced at trial, copies of any exhibits not previously supplied in discovery, and a list of witnesses proposed to be introduced at trial.

CRITICAL

that the plaintiff failed to serve the defendant within twelve (12) months as required by Section 8.01-335 of the Code of Virginia, 1950, as amended.

that the plaintiff failed to serve the defendant within twelve (12) months as required by Section 8.01-335 of the Code of Virginia, 1950, as amended.

CRITICAL

Reasonable notice of a motion’s presentation must be served on counsel of record and unrepresented parties.

Reasonable notice of presentation of a motion shall be served on counsel of record and unrepresented parties.

CRITICAL

The clerk must provide the Order to the defendant.

The clerk of this court shall provide a copy of this Order to the defendant, and the defendant is directed to report to the probation office within seventy-two (72) hours of this Order to begin supervision.

CRITICAL

Counsel must exchange copies of proposed jury instructions.

Counsel shall exchange copies of proposed instructions

CRITICAL

Applies to

Trial exhibit and witness lists

Counsel must exchange exhibit and witness lists and copies of exhibits not previously provided in discovery 15 days before trial; unlisted evidence is excluded subject to the stated exceptions.

Counsel shall exchange 15 days before trial a list specifically identifying each exhibit to be introduced at trial, copies of any exhibits not previously supplied in discovery, and a list of witnesses proposed to be introduced at trial. Any exhibit or witness not so identified will not be received in evidence, except in rebuttal or for impeachment or unless the admission of such exhibit or testimony of the witness would cause no surprise or prejudice to the opposing party and the failure to list the exhibits was through inadvertence.

CRITICAL

Service

Court service

The Clerk must arrange service on the defendant and place the hearing date on CCMS.

The Clerk shall have the defendant served and place the hearing date on CCMS.

CRITICAL

The Defendant must permit inspection of discoverable materials within 30 days of receipt and no later than 30 days before trial, unless the Court grants leave on a written motion filed before trial.

7. The Defendant shall permit the inspection of all discoverable materials pursuant to Rule 3A:11 within 30 days of receipt and no later than 30 days prior to trial except by leave of Court upon written motion filed by the Defendant prior to trial.

CRITICAL

The clerk must forward a copy of the order to defense counsel, the defendant, and the Attorney General.

The clerk is directed to forward a copy of this Order to defense counsel, defendant and the Attorney General.

CRITICAL

The Defendant must give the Commonwealth the specified insanity-defense or evidence notice 60 days before trial, with the required disclosures, production, and inspection under Rule 3A:11.

4. The Defendant shall provide to the Commonwealth notice 60 days prior to trial of any insanity defense pursuant to Virginia Code Section 19.2-168 or intent to present evidence pursuant to COV §19.2-271.6 with all written disclosures, production and inspection consistent with Rule 3A:11.

CRITICAL

The Commonwealth must notify the Defendant of a rebuttal expert 15 days before trial and produce the expert's evaluation report and reviewed written materials.

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. The Commonwealth shall provide notice 15 days prior to trial of any rebuttal expert, produce the expert's evaluation report, and provide a copy of all written materials reviewed by the expert.

CRITICAL

The case may be discontinued if the defendant is not served within one year after the complaint is filed, unless the court finds due diligence.

will discontinue this case because the defendant has not been served with process within one (1) year after the filing of the Complaint in the Clerk’s Office, unless the Court finds that the plaintiff has exercised due diligence to have service timely effected.

CRITICAL

Applies to

Verdict form

The plaintiff or plaintiff's counsel must provide the opposing side a copy of the verdict form when instructions are exchanged.

to provide opposing counsel or unrepresented party a copy thereof at the time of exchange of instructions.

CRITICAL

Defense counsel must deliver all records received from the Attorney General to the court-appointed expert within five days of receipt.

Defense Counsel shall deliver to the court appointed expert all records received from the Attorney General within five (5) days of receipt of the records.

WARNING

If an action is not served within the time set by Supreme Court Rule 3:5, the Clerk must prepare and send a notice of discontinuance to plaintiff’s counsel or the unrepresented plaintiff.

If an action is not served within the time provided by Supreme Court Rule 3:5, the Clerk shall prepare a notice of discontinuance and send such notice to counsel for the plaintiff or to an unrepresented plaintiff.

WARNING

Applies to

Order

Service

Court service

The clerk must forward a copy of the order to counsel, the defendant, and the Office of the Attorney General.

The clerk is directed to forward a copy of this Order to counsel, defendant and the Office of the Attorney General.

WARNING

The Clerk must forward a copy of the discontinuance order to the parties.

The Clerk of this Court shall forward a copy of this Order to the parties.

WARNING

Briefs should be 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.

WARNING

Service

Court service

The clerk must forward a copy of the order to counsel.

The clerk shall forward a copy of this Order to counsel.

WARNING

Service

Court service to all parties

The clerk must forward a copy of the order to former defense counsel, current defense counsel, and the Commonwealth's Attorney.

The clerk shall forward a copy of this Order to former defense counsel, current defense counsel, and the Commonwealth's Attorney.

WARNING

The clerk must forward the Bond Order to probation, which must send the Court regular compliance reports.

The clerk shall forward a copy of this Bond Order to probation, and probation shall send the Court regular reports of the defendant's compliance with this Order and supervision.

WARNING

The Clerk must send a certified copy of the dismissal order to the parties.

The Clerk shall send a certified copy of this order to the parties,

WARNING

Copies of the written motion and notice should be provided to opposing counsel.

A written motion and notice should be filed with the Clerk with copies to opposing counsel.

WARNING

Plaintiffs filing civil complaints are expected to diligently attempt timely service of process on defendants.

The Court expects plaintiff's filing civil complaints to exercise diligence in attempting timely service of process on defendant(s).

WARNING

Counsel or a party who discovers qualifying additional material after entry of the Order or during trial must promptly notify opposing counsel.

If after entry of this Order or during trial, counsel or a party discovers additional material previously requested, or falling within the scope of an Order previously entered, that is subject to discovery or inspection under Rule 3A:11, he shall promptly notify opposing counsel of the existence of the additional material.

WARNING

Early filing of witness-subpoena requests is encouraged to allow service at least 10 days before trial.

Early filing of a request for witness subpoenas is encouraged so that such subpoenas may be served at least 10 days before trial.

WARNING

The party requesting a witness subpoena must verify the return of service before trial.

It is the responsibility of the requesting party to verify the return of service prior to the trial date.