Virginia Beach Juvenile & Domestic Relations Court, Virginia Adjournment & Extension Requirements

CRITICAL

Without agreement, the requesting party must file a written motion or letter explaining the reason, certifying notice to the opposing party, and listing available dates and morning or afternoon availability for a continuance hearing before the scheduled hearing.

If the parties do not agree, the requesting party must file a written motion (or letter) stating the reason for the request (not just that you are not available). The motion/letter must certify notice has been given to the opposing party(ies) and list all available dates (including whether available for morning and/or afternoon) for setting a continuance hearing prior to the scheduled hearing date.

CRITICAL

A continuance request concerning matters for which a child is held in secure detention must be addressed by the court at a hearing.

In cases where a child is being held in secured detention, a request for a continuance of the matters for which the child is being held must be addressed by the court at a hearing.

CRITICAL

Only a judge may grant a continuance, in the judge’s discretion, for good cause or as otherwise provided by law.

Pursuant to Supreme Court of Virginia Rule 8:14, continuances may be granted only by a judge, in the judge's discretion, for good cause shown or as otherwise provided by law.

CRITICAL

A party seeking an extension to pay Guardian ad Litem fees must file a motion and a DC-606 financial statement with the Court.

If the parent is asking for an extension, the party will need to file a motion and a DC-606 Financial Statement for Assessment of Guardian ad Litem Costs (DC-606) with the Court.

CRITICAL

A request for a continuance hearing must be filed as early as possible and no later than 15 days before the scheduled hearing.

The request for a continuance hearing must be filed as early as possible, but no later than 15 days before the scheduled hearing.

CRITICAL

Requests should be made as early as practicable and must include at least five dates available to all parties within 90 days after the original court date.

Requests should be made as early as practicable and must include at least five (5) dates that are available to all parties within the 90 days following the original court date.

CRITICAL

The requesting party must notify the other party at least 15 days before trial and submit the agreed new date to the court in writing.

The requesting party must notify the other party at least 15 days before trial and submit an agreed-upon new date to the court in writing.

CRITICAL

A same-day continuance request after parties or witnesses have appeared will be denied unless the requesting party shows that proceeding would not be in the best interest of justice.

A continuance request made on the date of the scheduled hearing, when parties or witnesses have appeared, will not be granted unless the requesting party shows that it would not be in the best interest of justice to proceed.

CRITICAL

For a securely detained juvenile, the judge must approve the continuance date.

In cases involving a securely detained juvenile, the continuance date must be approved by the judge (see section 6 below).

CRITICAL

If the requirements for an agreed request are met, the continuance will be granted for good cause shown.

If these requirements are met, the continuance will be granted for good cause shown.

CRITICAL

After the clerk confirms the continuance hearing’s date and time, the requesting party must notify all parties.

Once the clerk confirms the date and time for the continuance hearing, the requesting party must notify all parties.

CRITICAL

Without advance court approval, the requesting party must appear on the scheduled date, and the case proceeds unless the court grants the continuance.

If advanced court approval has not been obtained, you must appear on the scheduled date, and the case will proceed on the scheduled date unless the court grants the continuance request.

WARNING

In juvenile traffic-docket matters, either party may receive one continuance upon request if the case has not previously been continued.

For juvenile matters on the traffic docket, either party may receive one continuance upon request if the case has not previously been continued.

WARNING

Requests in cases that have already been continued are disfavored and may require a hearing.

Requests in previously continued cases are disfavored and may require a hearing.

WARNING

When all parties agree, one party may submit a written request certifying that agreement.

If all parties agree, one party may submit a written request certifying that all parties agree to the continuance.

INFO

The requesting party should be prepared to provide the court with the basis for the request under Virginia Code §16.1-277.1.

The party requesting the continuance should be prepared to provide the court with the basis for their request pursuant to Virginia Code §16.1-277.1.