Rappahannock County Circuit Court, Virginia Document Filing Requirements

CRITICAL

Applies to

Court filing

Must include

case number

The clerk assigns each case a docket number, and counsel or pro se parties must ensure that all filed documents bear it.

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.

CRITICAL

Applies to

Praecipe

Must include

certificate of conference

The praecipe certificate states that counsel made a good-faith effort to resolve the matter before filing the 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.

CRITICAL

Applies to

Motion

Unless already filed, the subject motion must be filed with the praecipe.

Unless previously filed, the subject motion shall be filed with the praecipe and served as required by the Rules of Court.

CRITICAL

Applies to

Praecipe

A praecipe must be timely filed to place a matter on a Motions Day, unless the Court grants leave.

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.

CRITICAL

Applies to

Praecipe

Must include

certificate of service

The certificate of service must list the names and addresses of everyone entitled to receive the praecipe.

The certificate of service shall contain the names and addresses of all persons entitled to receive the praecipe.

CRITICAL

Applies to

Proposed order

The parties must present a completed proposed Order to the Court or Clerk for entry on the day the Court rules on the motion, unless a court reporter is present on their behalf or the Court otherwise permits.

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.

CRITICAL

Applies to

Statistical report

The required statistical report must be furnished to the Clerk before entry of a decree of divorce a vinculo matrimonii or annulment.

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.

CRITICALCriminal cases

Applies to

Financial statement

The Court must assess ability to pay using a written financial statement on the prescribed form that sets out the defendant's resources and obligations.

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.

CRITICAL

Applies to

Order

Except as provided by Rule 3:1(h), the substantially prevailing party is primarily responsible for drafting and presenting the order, judgment, or decree; in other instances, the Court determines responsibility.

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.

CRITICAL

Applies to

Motion

A party seeking to use the dog at a trial or hearing must file a written motion.

Any party seeking to have such dog present in the courtroom during a trial or hearing shall file a written Motion

CRITICAL

Applies to

Praecipe

A request for trial on the merits must use an acceptable Praecipe.

Requests for trial on the merits shall be by use of an acceptable Praecipe.

WARNINGCriminal cases

Applies to

Payment agreement modification request

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.

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.

INFO

Applies to

Proposed order

The parties should bring a proposed Order to the hearing; it may be submitted to the Court immediately after argument that day.

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.

INFO

Applies to

Proposed order

These Orders should not be prefiled with the Court prior to the hearing.

These Orders should not be prefiled with the Court prior to the hearing.