Rappahannock County Circuit Court, Virginia
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
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Document Format Requirements5 rules
Failing previous preparation and tender of an acceptable draft Order, the parties shall submit for entry a neat hand-printed Order using blank forms maintained by the Court.
A praecipe motion must be duly signed, filed in the clerk's office, and use either the referenced Supreme Court form or attached Form 3:2.
Court's wording
In order to place matters required by local Rule 3:1 to be set on a Motions Docket, counselor a party not represented by counsel shall file in the clerk's office a praecipe motion duly signed and in the form of the form praecipe provided for in Rule 1:15(b) and the Appendix thereto of the Supreme Court of Virginia or Form 3:2 attached as Exhibit A hereto not less than eight days by 12:00 noon prior to the Motions Day to which it is returnable.
Motions for Reconsideration are to be in writing.
Motions for Emergency Hearings are to be in writing.
Either party may incorporate in writing by reference within the time period set, pleadings filed in the lower courts.
Document Filing Requirements14 rules
In assessing the defendant's ability to pay, the Court shall use a written financial statement, on a form developed by the Executive Secretary of the Supreme Court, setting forth the deferdant's financial resources and obligations.
The clerk assigns each case a docket number, and counsel or pro se parties must ensure that all filed documents bear it.
- Document
- Court filing
Must include
- •Case number
Court's wording
The clerk shall assign a docket number to each case instituted, and thereafter all pleadings, other papers, and orders and decrees shall bear said docket number. Counsel or pro ~parties have the responsibility to see that all documents filed with the Court are properly numbered.
Unless previously filed, the subject motion shall be filed with the praecipe and served as required by the Rules of Court.
Except by leave of Court no matter shall be placed on a Motions Day without timely filing of a praecipe as required by Rule 3:2.
The same day as the Court rules upon the subject motion, the parties shall present a completed draft of a proposed Order to the Court or Clerk for entry, unless a court reporter is present on the parties' behalf or otherwise permitted by the Court.
The certificate of service shall contain the names and addresses of all persons entitled to receive the praecipe.
- Document
- Praecipe
Must include
- •Certificate of service
Requests for trial on the merits shall be by use of an acceptable Praecipe.
A statistical report as required by Va. Code Section 32.1-268 shall be furnished to the Clerk as a prerequisite to the entry of a decree of divorce ~ vinculo matrimonii or of annulment.
Other than as set forth in Rule 3:1(h), the party substantially prevailing on a particular matter in a case shall be primarily responsible for drafting and presenting for entry of the order, judgment or decree upon that matter within the time limits set forth below. In other instances the Court shall determine responsibility.
Any party seeking to have such dog present in the courtroom during a trial or hearing shall file a written Motion
I CERTIFY THAT I HAVE MADE A GOOD FAITH EFFORT TO RESOLVE THIS MATTER WITH COUNSEL OF RECORD FOR THE OPPOSING PARTY PRIOR TO THE FILING OF THIS MOTION ON THE COURT'S DOCKET.
A defendant may request a payment-agreement modification in writing on the prescribed form, and the Court may grant it upon a good-faith showing of need.
Court's wording
At any time during the duration of a payment agreement, the defendant may request a modification of the agreement in writing on a form provided by the Executive Secretary of the Supreme Court, and the Court may grant such modification based on a good faith showing of need.
On the date set for hearing, the respective parties should bring a proposed Order, which may be submitted to the Court immediately after argument on that day.
These Orders should not be prefiled with the Court prior to the hearing.
Filing & Service rules
Filing Timing and Cure Windows
The praecipe must be filed at least eight days before the Motions Day, by 12:00 noon.
not less than eight days by 12:00 noon prior to the Motions Day to which it is returnable.
Page 8 | Rule 3:2. Praecipe Form
If the parties cannot agree on the order’s terms within the 21-day period, the prevailing party must notice the order for entry on the next available Motion’s Day.
In the event that the parties cannot agree as to the terms of the Order within this period, the Order shall be noticed for entry by the prevailing party on the next available Motion's Day.
Page 9 | Rule 3:5. Preparation and Presentation of Orders & Decrees
The plaintiff or complainant must file a Bill of Particulars stating the true nature of the claim or complaint within 21 days of that party’s first appearance in Circuit Court.
The Plaintiff or Complainant, shall file with the Court and copy to opposing side, a Bill of Particulars, setting forth the true nature of the claim or complaint within 21 days from the party's first appearance in Circuit Court.
Page 10 | Rule 3:9. Other Civil Cases Appealed or Removed from the General District Court and the Juvenile and Domestic Relations District Court
The defendant or respondent must file the grounds of defense within 21 days of receiving the Bill of Particulars.
The Defendant or Respondent shall file the grounds of defense with the Court and copy to the opposing side within 21 days ofreceipt of the Bill of Particulars.
Page 10 | Rule 3:9. Other Civil Cases Appealed or Removed from the General District Court and the Juvenile and Domestic Relations District Court
The motion seeking permission to use the dog must be filed no less than 30 days before the scheduled trial or hearing.
Any party seeking to have such dog present in the courtroom during a trial or hearing shall file a written Motion "no Jess than 30 days prior to the scheduled event seeking the Court's permission to have the dog present in the courtroom.
Page 13 | RULE 2:3 USE OF FACILITY DOG
Praecipes must be filed in the Clerk's Office by noon eight days before the court date.
(NOTE: Praecipes must be filed in the Clerk's Office no later than 12:00 Noon eight (8) days prior to Cour t da te.
Page 16 | GENERAL INFORMATION
The recordation cutoff time is 4:00 p.m.
Recordation cutoff time: 4:00 p.m.
Page 1 | Terms of Court and General Information
District courts must transmit the case papers to the Clerk after 10 days have expired from the conviction date, but not earlier.
District courts shall forthwith transmit the papers of the case to the Clerk of the Court after the expiration of 10 days from date of conviction, but not before.
Page 7 | PROVISIONS IN CRIMINAL CASES
A reference should not be presented until all discovery is substantially concluded.
A reference should not be presented until all discovery is substantially concluded.
Page 9 | Rule 3:7 Determination of Fact Issues in Equity
Orders should be presented for entry no later than 21 days after the Court’s ruling.
Orders should be presented to the Court for entry no later than 21 days from the date of the Court's ruling.
Page 9 | Rule 3:5. Preparation and Presentation of Orders & Decrees
Service and Proof of Service Rules
In criminal cases, the clerk must send counsel for the defendant a copy of each entered order promptly, unless the Court directs otherwise.
In all criminal cases the Clerk of the Court shall be primarily responsible for drafting and presenting for entry the orders in such cases, a copy of which upon entry the clerk shall forthwith send counsel of record for the defendant unless the Court shall otherwise direct.
Page 6 | Rule 2:1. Responsibility for Criminal Orders.
Unless previously filed, the subject motion must be served as required by the Rules of Court.
Unless previously filed, the subject motion shall be filed with the praecipe and served as required by the Rules of Court.
Page 7 | Rules 3:1. Civil Motions Day Hearings
The plaintiff or complainant must provide the opposing side a copy of the Bill of Particulars filed with the Court.
The Plaintiff or Complainant, shall file with the Court and copy to opposing side, a Bill of Particulars, setting forth the true nature of the claim or complaint within 21 days from the party's first appearance in Circuit Court.
Page 10 | Rule 3:9. Other Civil Cases Appealed or Removed from the General District Court and the Juvenile and Domestic Relations District Court
The defendant or respondent must provide the opposing side a copy of the grounds of defense filed with the Court.
The Defendant or Respondent shall file the grounds of defense with the Court and copy to the opposing side within 21 days ofreceipt of the Bill of Particulars.
Page 10 | Rule 3:9. Other Civil Cases Appealed or Removed from the General District Court and the Juvenile and Domestic Relations District Court
I further certify that on the _ _ day of , 20_ _, I mailed or delivered a true copy of the foregoing praecipe to all counsel of record and parties unrepresented by counsel and not in default, the names and addresses of such counselor parties being (Include names and addresses of counselor parties in space below.):
I further certify that on the _ _ day of , 20_ _, I mailed or delivered a true copy of the foregoing praecipe to all counsel of record and parties unrepresented by counsel and not in default, the names and addresses of such counselor parties being (Include names and addresses of counselor parties in space below.):
Page 16 | Certificate of Service
Orders and decrees may be mailed to pro se litigants for endorsement; if not returned endorsed within 10 days, counsel may present them for entry without endorsement after certifying the mailing and passage of 10 days.
Orders and decrees may be mailed to pro se litigants for endorsement. If not endorsed and returned to the Court within 10 days, on certification of this mailing and that 10 days have passed, Orders may be presented by counsel for entry without endorsement pursuant to Rules of Court 1:13.
Page 9 | Rule 3:5. Preparation and Presentation of Orders & Decrees
Filing Fees and Waivers
A subsequent payment agreement requires a down payment capped at $50 for fines and costs of $500 or less, or 10% of the amount owed when fines and costs exceed $500.
The Court shall require a down payment to enter into a subsequent payment agreement, provided that the down payment required to enter into a subsequent payment agreement shall not exceed (i) if the fines and costs owed are $500 or less, $50.00 (ii) if the fines and costs owed are more than $500, ten percent of such amount.
Criminal cases
Page 1 | 6.
Monthly payments must be at least $50 unless documented extenuating circumstances are approved by the Court.
The agreed upon monthly payment shall be no less than $50.00 per month unless documented extenuating circumstances exist and is approved by the Court.
Criminal cases
Page 1 | 2.
Accounts that are 20 years or older may not be included in a payment agreement.
no payment agreements shall include accounts that are 20 years or older.
Criminal cases
Page 1 | 1.
A defendant must appear in person to enter into a payment agreement.
The defendant must appear in person to enter into an agreement
Criminal cases
Page 1 | 1.
A payment agreement's start date must be no more than 45 days after the agreement is entered.
The start date shall not be more than forty-five (45) days from the date the payment agreement is entered into.
Criminal cases
Page 1 | 3.
The Court may grant a requested modification when the defendant makes a good-faith showing of need.
At any time during the duration of a payment agreement, the defendant may request a modification of the agreement in writing on a form provided by the Executive Secretary of the Supreme Court, and the Court may grant such modification based on a good faith showing of need.
Criminal cases
Page 1 | 5.
A default on a payment agreement permits the Tax Commissioner to pursue collection of the specified fines, costs, forfeitures, penalties, and court-ordered restitution under Virginia Code § 19.2-349.
Any default on the deferred payment or installment payment agreement shall allow the Tax Commissioner to act in accordance with Virginia Code § 19.2-349 to collect all fines, costs, forfeitures and penalties, including any Court Ordered restitution of a sum certain.
Criminal cases
Page 1 | 4.
A person whose sole income is Social Security or Supplemental Security Income is exempt from payments toward fines and costs until another income source is available.
In accordance with §19.2-354.1 and §19.2-354, if your sole source of income is a Social Security benefit, or Supplemental Security Income, you are exempt from making payments towards fines and costs until you have another income resource.
Criminal cases
Page 2 | 8.
With Court approval, a defendant may receive credit for supervised community service at the federal minimum wage rate, but not toward restitution.
Upon approval by the Court, the defendant may participate in a community service program and receive credit towards the defendant's financial obligation for such services at the Federal minimum wage rate. Community Service is supervised by the Department of Community Corrections and District 25 Probation and Parole. This option Cannot be used to pay off restitution.
Criminal cases
Page 1 | 7.
Adjournment & Extension Requirements
A continuance on a motion may be granted only upon a showing of good cause.
Continuances on motions can be granted only for good cause shown.
Page 10 | Rule 3:12. Removal of Cases from Docket
In cases of necessity, a scheduled date may be omitted, changed, or continued to a convenient date by timely court order.
The foregoing schedule of regular days notwithstanding, any date may in cases of necessity be omitted, or changed or continued to some other convenient date by timely entry of an order for the purpose.
Page 6 | Rule 1:3. Schedule of Regular Days.
A case not tried on its Misdemeanor Appeal Day may be continued by court order to a specified date.
Cases set for trial on a Misdemeanor Appeal Day which for any reason are not tried on that day may be continued by order to a day certain.
Page 7 | PROVISIONS IN CRIMINAL CASES
The Court may continue a Motions Day matter that is not completed or reached to a later day, as the Court determines.
Any matter appearing on the docket of a Motions Day, the hearing of which is not completed or not reached that day, may be continued as determined by the Court to some later day.
Page 7 | Rules 3:1. Civil Motions Day Hearings
Chambers Communication Rules
Anyone intending to use a portable electronic device to present evidence must notify the presiding judge and obtain permission at the start of the case or earlier, so the device can be monitored for permitted evidentiary use.
Any person needing to use a portable electronic device to present evidence in a case must notify and receive permission of the presiding judge at the commencement of the case, or prior thereto, to allow the presiding judge an opportunity to have court security monitor the use of the portable electronic device to ensure that the device is used strictly for the evidentiary purposes allowed and that no disallowed applications (e.g., video recording applications) have been activated.
Page 5 | Use of evidence from a portable electronic device
Trial counsel are requested to advise the Court at least 30 days before trial if the case will exceed its allotted time; failure to do so could result in reassignment of the trial date.
Counsel in cases for trial are requested to advise the Court no later than 30 days before the date set for trial, that the case will exceed the time allotted for trial. Failure to do so could result in a reassigned trial date.
Page 10 | Rule 3:12. Removal of Cases from Docket
Call to obtain available dates for Motions Day or Domestic Relations Day.
MOTIONS DAY: No specific Motions Day - Call for available dates. DOMESTIC RELATIONS DAY: No specific day - Call for available dates.
Page 16 | GENERAL INFORMATION