Portsmouth General District Court, Virginia Adjournment & Extension Requirements

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Civil continuance requests must be submitted in writing.

All civil continuance requests must be submitted in writing.

CRITICAL

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

CRITICAL

Civil continuance requests must be submitted in writing.

All civil continuance requests must be submitted in writing.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

The clerk's office must provide the continuance date.

Continuance date must be provided by clerk's office.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

Small Claims trials are heard on the initial return date.

For Small Claims, trials are heard on the initial return date.

WARNING

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.

WARNING

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.

INFO

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.

INFO

Parties should make continuance requests as far in advance as possible.

Continuance requests should be made as far in advance as possible.