Portsmouth General District Court, Virginia
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A second or subsequent continuance request agreed to by all parties and received at least three business days before court will be forwarded to chambers for approval or denial before court.
- An agreed first continuance request from the regular or trial docket received at least three business days before court will be sent to chambers, subject to the chosen date being available.
- Civil continuance requests must be submitted in writing.
- The Court's Motion and Notice of Hearing form is available to use for continuance requests.
- A requested continuance date must be an available date provided by the clerk's office.
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Request must include
- A contested continuance request requires a written motion, personal appearance in open court, and at least five days' notice to the Court and all parties or counsel of record.
- Misdemeanor and traffic continuance requests may be filed in person, by phone, or by mail at least two business days before court for a judge to review.
- Misdemeanor and traffic continuances must be requested at least two business days before court by phone, mail, or in person.
Communication
Chambers
Phone
Chambers
Phone
Clerk
Phone
Document Filing Requirements5 rules
If the case is contested, provide pleading dates in the correspondence along with the agreed trial date.
• If either the Commonwealth's Attorney or the Defense Attorney does not consent, a written motion must be filed and be docketed.
All written continuance requests shall include: • Full name and address • Name of police officer or civil case number • Charge(s) • Original court date • Proposed court date • Reason for continuance
A proposed order signed by all parties must be submitted before a judge reviews a felony continuance request.
- Document
- Continuance request
Must include
- •Proposed order
Court's wording
• Both the Commonwealth and the Defense must consent to the continuance (with the new date provided by the clerk's office) and a proposed order with all parties' signatures shall be submitted before a judge will review.
If a private citizen is the complainant, their written consent to the continuance must be submitted with the request.
Filing & Service rules
Electronic Filing Rules
Fax submission may be temporarily allowed in certain instances, but only with prior approval from the Clerk's Office.
The Court may temporarily allow submission of fax in certain instances WITH prior approval by the Clerk's Office.
Page 3 | Fax Guidelines
Adjournment & Extension Requirements
An agreed first continuance request from the regular or trial docket received at least three business days before court will be sent to chambers, subject to the chosen date being available.
If the request is an agreed first continuance request from the regular or trial docket and is received at least 3 business days in advance of the court date, then the request will be sent to chambers for the case to be continued, pending availability of the chosen date.
Page 1 | Continuance Policy (Civil)
If the judge finds no good cause, the case will be heard on its originally scheduled date even if the parties are absent.
If the judge determines there is no good cause for the continuance, the case will be heard on its originally scheduled date even if all parties are not present.
Page 1 | Continuance Policy (Civil)
Civil continuance requests must be submitted in writing.
All civil continuance requests must be submitted in writing.
Page 1 | Continuance Policy (Civil)
A second or subsequent continuance request agreed to by all parties and received at least three business days before court will be forwarded to chambers for approval or denial before court.
Second or subsequent continuance requests, agreed to by all parties and received at least 3 business days before the court date, will be forwarded to chambers to be approved or denied before court.
Page 1 | Continuance Policy (Civil)
A continuance request without all parties' agreement may be granted only by a judge upon a showing of good cause.
Continuances requested without agreement of all parties may be granted only by a judge for good cause shown.
Page 1 | Continuance Policy (Civil)
A contested continuance request requires a written motion, personal appearance in open court, and at least five days' notice to the Court and all parties or counsel of record.
Contested continuance requests must be made by personal appearance in open court, after written motion, with at least five (5) days' notice to the Court and all parties and/or counsel of record.
Page 1 | Continuance Policy (Civil)
A requested continuance date must be an available date provided by the clerk's office.
The continuance date must be an available date provided by the clerk's office.
Page 1 | Continuance Policy (Civil)
Misdemeanor and traffic continuance requests may be filed in person, by phone, or by mail at least two business days before court for a judge to review.
• File in person, by phone, or by mail at least 2 business days prior to court for Judge to review.
Page 2 | Misdemeanor and Traffic Continuances
Written continuance requests must state the original court date, proposed court date, and reason for continuance.
All written continuance requests shall include: • Full name and address • Name of police officer or civil case number • Charge(s) • Original court date • Proposed court date • Reason for continuance
Page 2 | All written continuance requests shall include
Before a judge reviews a felony continuance, both the Commonwealth and the Defense must consent to a clerk-provided new date, and a proposed order signed by all parties must be submitted.
• Both the Commonwealth and the Defense must consent to the continuance (with the new date provided by the clerk's office) and a proposed order with all parties' signatures shall be submitted before a judge will review.
Page 2 | Felony Continuances
Civil continuance requests must be submitted in writing.
All civil continuance requests must be submitted in writing.
Page 1 | Continuance Policy — Civil
Misdemeanor and traffic continuances must be requested at least two business days before court by phone, mail, or in person.
Misdemeanor/Traffic cases must be requested at least 2 business days prior to court via phone, mail or in person.
Page 1 | Continuance Policy — Criminal
Felony continuances require the consent of both the Commonwealth and the defense, and the clerk's office provides the date.
Felony cases-must be consented to by both the Commonwealth and the defense, with date provided by clerk's office.
Page 1 | Continuance Policy — Criminal
The clerk's office must provide the continuance date.
Continuance date must be provided by clerk's office.
Page 1 | Continuance Policy — Civil
An agreed continuance request received less than three business days before court will go before the judge with the case on the upcoming court date for approval or denial.
If the agreed continuance request is not received at least 3 business days in advance of the court date, then the request will be sent with the case into court on the upcoming court date. On the court date, the judge will approve or deny the request per the guidelines set forth in the previous paragraph.
Page 1 | Continuance Policy (Civil)
Before the initial court date, a Small Claims continuance may be granted if all parties agree to an available date provided by the clerk's office.
Prior to the initial court date, a continuance may be granted if the new date is available (available date provided by the clerk's office) and agreed to by all parties.
Page 1 | Continuance Policy (Civil)
The court has discretion to grant or deny a continuance, and a denied request leaves the case on its original docket date.
The decision whether to continue the case lies within the discretion of the court. If the request is denied, the case will remain on the docket on its originally scheduled date.
Page 1 | Continuance Policy (Civil)
Small Claims trials are heard on the initial return date.
For Small Claims, trials are heard on the initial return date.
Page 1 | Continuance Policy (Civil)
A continuance request that is neither agreed to nor noticed for a hearing will be presented to the judge with the case on the upcoming court date for approval or denial.
Continuance requests that are not agreed to or noticed for a hearing will be sent with the case into court on the upcoming court date and the judge will approve or deny the request at that time.
Page 1 | Continuance Policy (Civil)
A Small Claims continuance requested without all parties' agreement may be granted for good cause.
Continuances requested without agreement of all parties may be granted for good cause shown.
Page 1 | Continuance Policy (Civil)
A continuance is not guaranteed; failure to appear may result in court action, and if a continuance request is denied the case may be heard in the party's absence.
court action for your failure to appear. If the continuance request is denied, the case may There is no guarantee that the case will be continued or that the Judge will not initiate a be heard in your absence.
Page 2 | All written continuance requests shall include
The Court's Motion and Notice of Hearing form is available to use for continuance requests.
The Court's Motion and Notice of Hearing form is available to use for continuance requests.
Page 1 | Continuance Policy (Civil)
Parties should make continuance requests as far in advance as possible.
Continuance requests should be made as far in advance as possible.
Page 1 | Continuance Policy (Civil)
Chambers Communication Rules
It is your responsibility to call back the next business day to confirm whether your request was granted or denied. You may also check online at www.vacourts.gov after noon the next business day to view the court date.
It is your responsibility to call back the next business day to confirm whether your request was granted or denied. You may also check online at www.vacourts.gov after noon the next business day to view the court date.
Page 2 | Misdemeanor and Traffic Continuances
To obtain approval for fax submission, call the appropriate division at its listed phone number.
To obtain approval please call the appropriate division. Phone Civil (757) 393-8624 Criminal (757) 393-8681 Traffic (757) 393-8506
Page 3 | Fax Guidelines
Note: Motions upon approval by clerk's office Tuesday, Wednesday, Thursday
Note: Motions upon approval by clerk's office Tuesday, Wednesday, Thursday
Page 3 | Motions and Arraignments
Rebecca Reilly, the judicial assistant, is listed as the contact for felony continuance scheduling at 757-393-8681 ext. 3104 and rreilly@vacourts.gov.
Rebecca Reilly, judicial assistant, 757-393-8681 ext. 3104 rreilly@vacourts.gov
Page 2 | Felony Continuances
The court will conduct telephone motions or waivers if needed; contact the Judges' judicial assistant by phone or email to schedule, and a forwarding number or email will be provided if the assistant is unavailable.
• The court will conduct telephone motions/waivers if needed. Contact the Judges' judicial assistant by phone or email to schedule. If the judicial assistant is unavailable, a forwarding number and /or email will be provided upon contact.
Page 2 | Felony Continuances
The Clerk's Office is open Monday through Friday from 8:00 a.m. to 4:00 p.m.
Clerk's Office Operating Hours M-F 8:00am - 4:00pm
Page 3 | Clerk's Office Operating Hours