Tazewell County Circuit Court, Virginia
Court-Level Rules, Filing Procedures & Policies
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Document Format Requirements1 rule
In all hearings on domestic matters involving temporary or permanent child or spousal support, all attorneys are required to prepare a neat, legible, typewritten list of expenses and incomes, documented by receipts, cancelled checks, check stubs, etc..
Formatting
- •The list must be neat, legible, and typewritten
Document Filing Requirements19 rules
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.
Requests or claims for appointed-counsel fees and necessary expenses in criminal and civil cases, including habeas corpus cases, must be submitted promptly with the specified itemization and case information.
Court's wording
In criminal and civil cases, including habeas corpus ad subjiciendum cases, requests or claims for fee of court appointed counsel and for necessary expenses incurred therein shall be submitted promptly and include or have attached thereto a brief itemization of the hours expended, the nature of the work done by counsel and of the expenses incurred in such case, a statement of the offenses or matters involved, and if not a Commonwealth criminal case, the name of the prosecuting entity liable for counsel fee and such expenses.
Upon the scheduling of such matter, the scheduling attorney shall forthwith confirm, by written Notice of Hearing or Continuance Order, the date of the setting of the hearing. Notice shall be sent to opposing counsel and the Clerk of the Court.
The preparation and submission for entry of pretrial orders shall be the responsibility of the parties, unless otherwise advised by the court.
In all hearings on domestic matters involving temporary or permanent child or spousal support, all attorneys are required to prepare a neat, legible, typewritten list of expenses and incomes, documented by receipts, cancelled checks, check stubs, etc..
Upon the scheduling of such matter, the scheduling attorney shall forthwith confirm, by telephone and written notice, the date of the setting of the hearing. Notice shall be sent to opposing counsel, the clerk of the court, and the Judge's Administrative Assistant.
In equitable distribution matters, a list of all assets, designated as marital or separate property, and with the party's valuation thereof, shall be submitted to the Court with copies to counsel, at least ten (10) days prior to the hearing.
The party substantially prevailing on a particular matter in a case shall be primarily responsible for drafting and presenting for entry the order, judgment or decree upon that matter. In other instances the court shall determine the responsibility.
A statistical report as required by Code Section 32.1-268 shall be furnished to the clerk as a prerequisite to the entry of a decree of divorce a vinculo or of annulment of marriage.
Counsel for all parties, unless compliance is waived by the Court, shall, two days before a civil jury trial date, submit to the Court a copy of all instructions such counsel proposes to request, noting thereon the authority or authorities upon which he relies for such instructions.
To enroll please download and complete the Attorney Application below and send by e-mail to Charity D. Hurst at churst@vacourts.gov, with E-FILING in the Status Line or by first class mail or hand delivery.
E-filed cases requiring service should include a letter advising how the parties are to be served and by whom.
Plea agreements are requested for presentation in criminal matters and should be signed by the defendant and the attorneys handling the case.
Court's wording
a. Plea agreements are requested to be presented in criminal matters and are to be filed with the Circuit Court Clerk a minimum of five (5) business days prior to trial. Plea agreements should be executed by the defendant, the attorney for the defendant and the Attorney for the Commonwealth handling the case.
If the attorney desiring to schedule a matter is unable to secure contact with opposing counsel of record, he or she may schedule a hearing, etc. within a reasonable period of time and forward notice of the hearing to opposing counsel of record, to the Court, and the Clerk of Court, together with a Certificate of Good Faith that a good faith attempt was made to set the matter in accordance with provisions of this rule.
b. It is requested that a Plea Questionaire also be filed along with the Plea Agreement. The Attorney for the Commonwealth or Clerk’s Office can provide the appropriate Plea Questionaire.
In all other cases where counsel fee or guardian ad litem is allowable, the presiding judge may require submission of such information.
f. On a case-by-case basis, for good cause shown and in furtherance of the interests of justice, the presiding judge shall have the discretion to waive the requirements of this rule.
This rule shall not preclude the offering of additional instructions at the trial.
In criminal cases, counsel should have the majority of its proposed instructions prepared prior to trial.
Filing & Service rules
Electronic Filing Rules
All fee-related submissions must be electronically filed no later than 30 days after the case concludes.
Further, all submissions MUST be electronically filed no later than thirty (30) days after the conclusion of the case.
Page 2 | General Provisions
Electronic filing through VJEFS is available for documents in certain civil actions.
Beginning November 12, 2014, Tazewell County Circuit Court is pleased to offer the legal community the ability to electronically file documents for certain civil actions through the Virginia Judiciary E-Filing System (VJEFS).
Civil cases · Court notice
Page 1 | E-filing and service requirements
Filing Timing and Cure Windows
All submissions must be filed no later than 30 days after the case concludes.
Further, all submissions MUST be electronically filed no later than thirty (30) days after the conclusion of the case.
Page 2 | General Provisions
Appointed-counsel fee and expense requests or claims must be submitted promptly.
In criminal and civil cases, including habeas corpus ad subjiciendum cases, requests or claims for fee of court appointed counsel and for necessary expenses incurred therein shall be submitted promptly and include or have attached thereto a brief itemization of the hours expended, the nature of the work done by counsel and of the expenses incurred in such case, a statement of the offenses or matters involved, and if not a Commonwealth criminal case, the name of the prosecuting entity liable for counsel fee and such expenses.
Page 2 | General Provisions
a. Plea agreements are requested to be presented in criminal matters and are to be filed with the Circuit Court Clerk a minimum of five (5) business days prior to trial.
a. Plea agreements are requested to be presented in criminal matters and are to be filed with the Circuit Court Clerk a minimum of five (5) business days prior to trial.
Page 3 | Rule 2:3 Plea Agreements
Proposed instructions for a civil jury trial must be submitted two days before the trial date, unless the Court waives compliance.
Counsel for all parties, unless compliance is waived by the Court, shall, two days before a civil jury trial date, submit to the Court a copy of all instructions such counsel proposes to request, noting thereon the authority or authorities upon which he relies for such instructions.
Page 5 | Rule 3:8 Instructions
A pleading without a docket number is still deemed filed, although the clerk will notify counsel of the omission and/or provide it to the Judge’s Office for review.
Pleadings not containing docket numbers shall be deemed filed but the clerk shall notify counsel of the omission and/or provided to the Judge’s Office for review.
Page 2 | General Provisions
Deed recordings stop at 3:45 p.m.
Deed recordings stop at 3:45 p.m.
Page 1 | Clerk of Court
Service and Proof of Service Rules
The written notice confirming a criminal hearing date must be sent to opposing counsel and the Clerk of the Court.
Upon the scheduling of such matter, the scheduling attorney shall forthwith confirm, by written Notice of Hearing or Continuance Order, the date of the setting of the hearing. Notice shall be sent to opposing counsel and the Clerk of the Court.
Page 3 | Rule 2:4 Scheduling Hearings, etc.
A copy of the support-hearing list and its documentation must be provided to opposing counsel, or to the unrepresented party, at least ten days before the hearing.
A copy of the list and documentation shall be submitted to opposing counsel or the party, if there is no counsel of record, at least ten (10) days prior to the hearing.
Page 4 | Rule 3:4 Domestic Relations Matters
The equitable-distribution asset list must be submitted to the Court with copies to counsel at least ten days before the hearing.
In equitable distribution matters, a list of all assets, designated as marital or separate property, and with the party's valuation thereof, shall be submitted to the Court with copies to counsel, at least ten (10) days prior to the hearing.
Page 4 | Rule 3:4 Domestic Relations Matters
The written notice confirming a civil hearing or trial date must be sent to opposing counsel, the clerk, and the Judge's Administrative Assistant.
Upon the scheduling of such matter, the scheduling attorney shall forthwith confirm, by telephone and written notice, the date of the setting of the hearing. Notice shall be sent to opposing counsel, the clerk of the court, and the Judge's Administrative Assistant.
Page 4 | Rule 3:2 Setting Cases for Trial
If the attorney desiring to schedule a matter is unable to secure contact with opposing counsel of record, he or she may schedule a hearing, etc. within a reasonable period of time and forward notice of the hearing to opposing counsel of record, to the Court, and the Clerk of Court, together with a Certificate of Good Faith that a good faith attempt was made to set the matter in accordance with provisions of this rule.
If the attorney desiring to schedule a matter is unable to secure contact with opposing counsel of record, he or she may schedule a hearing, etc. within a reasonable period of time and forward notice of the hearing to opposing counsel of record, to the Court, and the Clerk of Court, together with a Certificate of Good Faith that a good faith attempt was made to set the matter in accordance with provisions of this rule.
Page 3 | Rule 2:4 Scheduling Hearings, etc.
counsel are not required to exchange copies of proposed instructions.
counsel are not required to exchange copies of proposed instructions.
Page 5 | Rule 3:8 Instructions
Copies may be mailed first class to the Clerk’s Office for service to avoid the additional copying fees.
To avoid the additional fees, copies may be sent via first-class mail to the Clerk’s Office for service.
Civil cases · Court notice
Page 1 | E-filing and service requirements
In criminal cases, one copy of each Order is distributed to the Commonwealth and the attorney of record.
In criminal, one copy each Order is distributed to the Commonwealth and to the attorney of record;
Page 1 | Terms of Court and General Information
Certified Final Orders for local attorneys are placed in designated office mailbox slots for pickup.
For local attorneys, we utilize the "mailbox" in our office, and certified Final Orders are placed in the designed slots for pick up.
Page 1 | Terms of Court and General Information
An individual who is self-represented receives one copy of each Order.
or one copy to the individual, if pro se.
Page 1 | Terms of Court and General Information
Normal procedure dictates that Final Orders are certified and mailed to the attorney(s) of record, or mailed to the individual(s), if pro se.
Normal procedure dictates that Final Orders are certified and mailed to the attorney(s) of record, or mailed to the individual(s), if pro se.
Page 1 | Terms of Court and General Information
In civil cases, attorneys receive two copies of each Order, one for the attorney's file and one for the client.
in civil, two copies are provided to the attorney(s) (one for the attorney file, one for their client),
Page 1 | Terms of Court and General Information
Filing Fees and Waivers
2. The defendant must appear, in person, in the Circuit Court Clerk's Office and request to make installment payments and will be required to sign Form 1379 Order and Notice of Deferred Payment or Installment Payments, which will serve as the agreement between the defendant and the Court.
2. The defendant must appear, in person, in the Circuit Court Clerk's Office and request to make installment payments and will be required to sign Form 1379 Order and Notice of Deferred Payment or Installment Payments, which will serve as the agreement between the defendant and the Court.
Criminal cases
Page 1 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution
After two monthly-payment defaults, the defendant must submit a new petition for approval and pay the applicable down payment, which the Clerk or Court may lower for good cause.
6. After two (2) defaults on monthly payments, the defendant must complete a new petition for installment or deferred payments and it will be subject to the approval of the Clerk of Court or the Court, on the following conditions: (i) the defendant pays a down payment equal to ten (10%) percent of the fines and/or costs due if any fines and/or costs owed are $ 500.00 or less, or (ii) a down payment of $ 50.00 or five (5%) percent of any fines and/or costs owed if the fines and/or costs are more than & 500.00, whichever is greater. Upon request, the Clerk of Court or the Court may lower any down payment required under this Plan for good cause shown, which amount shall be applied to costs, fines and/or restitution.
Criminal cases
Page 1 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution
Payments are due every 30 days with an $80 monthly minimum unless the Court authorizes less for good cause; no down payment is due on the first plan, which must be established within 90 days of sentencing.
4. Payments are due every thirty (30) days. The minimum payment is $ 80.00 per month unless a lessor amount is authorized by the Court for good cause shown. No down payment is due for the first payment plan. A payment plan must be in place within ninety (90) days of sentencing.
Criminal cases
Page 1 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution
An incarcerated defendant unable to appear may request Form 1379 in writing by mail and must sign it before a notary or probation/parole officer and return it to the Clerk's Office.
3. If the defendant is incarcerated and unable to appear, Form 1379, upon written request, can be mailed to the defendant and must be signed by the defendant, before a notary or probation/parole officer, and returned to the Clerk's Office.
Criminal cases
Page 1 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution
Payments under the agreement must be applied first to restitution and, after restitution is paid in full, to unpaid costs and fines.
9. If a defendant owes restitution, then any payments received pursuant to this agreement shall first be used to satisfy all restitution. Once the restitution obligation is satisfied in full, then the payments shall be applied to any unpaid costs and fines.
Criminal cases
Page 2 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution
The Clerk’s Office charges an additional $0.50 per page when it makes copies for service.
If copies are to be made by the Clerk's Office for service, additional fees of $.50 per page will be added.
Civil cases · Court notice
Page 1 | E-filing and service requirements
After a defendant defaults on a monthly payment, the Clerk may authorize a new payment plan.
5. If a defendant fails to make a monthly payment and is in default, the Clerk may authorize a new payment plan.
Criminal cases
Page 1 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution
A payment received within five days of its due date is considered timely.
Any payment which is received within five (5) days of the due date shall be considered to be timely made.
Criminal cases
Page 1 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution
For defendants incarcerated in the Virginia Department of Corrections, community service hours may be applied to fines and costs only in very limited instances.
8. If a Defendant is incarcerated in the Virginia Department of Corrections, community service hours SHALL ONLY be applied to fines and costs in very LIMITED instances.
Criminal cases
Page 2 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution
Community service may be applied to unpaid costs and fines at the stated, automatically adjusting rate, but not to restitution; defendants seeking this option must appear in person at the designated office based on probation or parole status.
7. The Court does authorize the use of community service at the rate of $ 12.41 per hour (as of July 2025) to be applied to any unpaid costs or fines. [PLEASE NOTE, that the above rate SHALL adjust automatically as the Virginia minimum wage rate is periodically increased.] Community service may not be used to satisfy any unpaid restitution. In the event that a defendant desires to satisfy any unpaid costs and fines through the use of community service and the defendant is on probation or parole, then the defendant must appear at the Probation & Parole Office in Claypool Hill, Virginia, in person, and be directed to the appropriate agency for the community service to be monitored. If the defendant is not on probation or parole then the defendant must appear at Clinch Valley Community Action in N. Tazewell, Virginia, in person, and be directed to the appropriate agency for the community service to be monitored.
Criminal cases
Page 2 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution
Unpaid costs and fines totaling more than $50 are eligible for an installment or deferred payment agreement.
1. All unpaid costs and fines totaling more than $ 50.00 are eligible for an installment or deferred payment agreement.
Criminal cases
Page 1 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution
Courtesy Copy Requirements
For all civil and criminal trials, the Court requires that counsel provide three (3) copies of all proposed instructions; one for the Court, one for counsel and one for opposing counsel.
For all civil and criminal trials, the Court requires that counsel provide three (3) copies of all proposed instructions; one for the Court, one for counsel and one for opposing counsel.
Page 5 | Rule 3:8 Instructions
Adjournment & Extension Requirements
For criminal cases, a granted continuance requires entry of an order on the docket day, and attorneys must remain at the courthouse until the order is entered.
ALL criminal cases must have a continuance order entered on the day the case is on the docket if a continuance is requested and granted. Attorneys are NOT to leave the courthouse until the case has been continued by the entry of a continuance order.
Page 2 | General Provisions
Chambers Communication Rules
All civil-case scheduling must be conducted by email only.
ALL scheduling of civil cases SHALL be completed via email ONLY.
Page 2 | General Provisions
Civil trial dates must be scheduled with the Court’s Administrative Assistant.
The calling of cases for setting trials, for a criminal case shall be when the case is called on the criminal docket; for a civil case, the trial date shall be scheduled with the Court’s Administrative Assistant.
Page 2 | General Provisions
To schedule a criminal motion hearing, trial, or plea, the attorney must contact the Clerk’s Office and opposing counsel about available dates and should choose a date convenient with the criminal docket.
When scheduling hearings on motions, trials or pleas in criminal cases, the attorney desiring to schedule such matter must contact the Clerk’s Office and opposing counsel for available Court dates. The attorney desiring to schedule the matter should then schedule the case on a date that is convenient with the Court’s criminal docket.
Page 3 | Rule 2:4 Scheduling Hearings, etc.
For civil motion hearings or trials scheduled outside Docket Call, the attorney must ask opposing counsel for available dates and should then contact the Judge's Administrative Assistant to secure a date when opposing counsel is available.
b. When scheduling hearings on motions or trials in civil cases at any time other than Docket Call, the attorney desiring to schedule such matter must contact opposing counsel for available Court dates. The attorney desiring to schedule the matter should then contact the Judge's Administrative Assistant to secure a trial or hearing date on one of the dates on which opposing counsel is available.
Page 4 | Rule 3:2 Setting Cases for Trial
If the parties cannot agree on a criminal trial or hearing date, they may set it by telephone conference with the Court.
If no agreement is reached concerning the setting of the trial or hearing date, the parties may set the date by telephone conference with the Court.
Page 3 | Rule 2:4 Scheduling Hearings, etc.
The Clerk's Office is open from 8:00 AM to 4:00 PM.
Clerk's Office Hours 8:00AM - 4:00PM
Page 1 | Clerk's Office Hours