Tazewell County Circuit Court, Virginia Document Filing Requirements

CRITICAL

Applies to

Support hearing expense income list

Attorneys must prepare an expenses-and-incomes list supported by receipts, cancelled checks, check stubs, or similar documentation for domestic child- or spousal-support hearings.

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..

CRITICALCivil casesCourt notice

Applies to

Attorney application

To enroll, attorneys must complete the Attorney Application and submit it by email with “E-FILING” in the Status Line, by first-class mail, or by hand delivery.

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.

CRITICAL

Applies to

Notice of hearing

After scheduling a civil hearing or trial, the attorney must promptly confirm the date by telephone and written notice and send notice 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.

CRITICAL

Applies to

Equitable distribution asset list

For equitable-distribution matters, a list of all assets identifying each as marital or separate and stating the party's valuation 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.

CRITICAL

Applies to

Notice of hearing

After scheduling a criminal hearing, the attorney must promptly confirm the date by written Notice of Hearing or Continuance Order and send notice 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.

CRITICAL

Applies to

Jury instructions

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.

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.

CRITICALCivil casesCourt notice

Applies to

Letter

E-filed cases requiring service should include a letter advising how the parties are to be served and by whom.

E-filed cases requiring service should include a letter advising how the parties are to be served and by whom.

CRITICAL

Applies to

Order

The party that substantially prevails on a matter is primarily responsible for drafting and presenting the resulting order, judgment, or decree; the court determines responsibility in other instances.

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.

CRITICAL

Applies to

Statistical report

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

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.

CRITICAL

Applies to

Pretrial order

The parties are responsible for preparing and submitting pretrial orders unless the court advises otherwise.

The preparation and submission for entry of pretrial orders shall be the responsibility of the parties, unless otherwise advised by the court.

CRITICAL

Applies to

Pleadings other papers orders and decrees

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.

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.

CRITICAL

Applies to

Court appointed counsel fee or expense request

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.

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.

WARNING

Applies to

Plea agreement

Plea agreements are requested for presentation in criminal matters and should be signed by the defendant and the attorneys handling the case.

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.

WARNING

Applies to

Certificate

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.

WARNING

Applies to

Plea agreement

Filing a Plea Questionaire along with the Plea Agreement is requested.

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.

INFO

Applies to

Jury instructions

The rule does not prevent counsel from offering additional instructions at trial.

This rule shall not preclude the offering of additional instructions at the trial.

INFO

Applies to

Counsel fee or guardian ad litem fee submission

In other cases where counsel fees or guardian ad litem fees are allowable, the presiding judge may require submission of the specified information.

In all other cases where counsel fee or guardian ad litem is allowable, the presiding judge may require submission of such information.

INFO

The presiding judge may waive the requirements of this rule case by case for good cause and in furtherance of the interests of justice.

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.

INFO

Applies to

Jury instructions

In criminal cases, counsel should have most proposed instructions prepared before trial.

In criminal cases, counsel should have the majority of its proposed instructions prepared prior to trial.