Court Rules

Winchester Circuit Court, Virginia

Court-Level Rules, Filing Procedures & Policies

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Document Filing Requirements5 rules

Filing RequirementsCriminal cases

Show that the hours for which credit is sought were performed after June 30, 2020; and

winchester · Jul 2024 · p. 3
|SectionB. While incarcerated
Filing RequirementsCriminal cases

Prove to the Court, by testimony or other evidence, that the hours submitted to this Court have not been, and will not be, applied to fines and costs owed to any other court.

winchester · Jul 2024 · p. 3
|SectionB. While incarcerated
Filing RequirementsCriminal cases

An individual approved to perform community service in lieu of paying fines and costs must submit timesheets to the Clerk monthly.

Court's wording

If an individual has been approved to perform Community Service work in lieu of payment of fine and costs, then the individual must submit monthly timesheets to the Clerk. Timesheets are available at the Circuit Court Clerk's Office.

winchester · Jul 2024 · p. 3
|SectionA. After release from incarceration or if no active incarceration has been imposed
Filing RequirementsCriminal cases

Present attested records verifying the work for which credit is sought;

winchester · Jul 2024 · p. 3
|SectionB. While incarcerated
Filing RequirementsCriminal cases

However, a request for the credit must be made by motion to the court following release from incarceration.

winchester · Jul 2024 · p. 3
|SectionB. While incarcerated

Filing & Service rules

Filing Timing and Cure Windows

To place a matter on the Civil Motions Day docket, file a praecipe at least 7 days before Motion Day.

To have matter placed on Civil Motions Day docket, a praecipe must be filed not less than 7 days preceding the Motion Day.

Page 1 | Civil Motions Day

A request for community-service credit filed while the individual is incarcerated will be dismissed without prejudice, with instructions to file after release.

If a request for credit for the performance of Community Service Work during imprisonment is filed while an individual is still incarcerated, the request will be dismissed without prejudice with instructions for post-release filing.

Criminal cases

Page 3 | B. While incarcerated

Filing Fees and Waivers

A non-incarcerated defendant approved for community service while on a payment plan must continue monthly payments in addition to community service hours.

If Community Service is approved for a person who is not incarcerated and on a payment plan, the defendant will still be required to make monthly payments in addition to Community Service hours.

Criminal cases

Page 1 | I. Deferred/Installment Payment Policy

Payments under an agreement must first satisfy restitution and associated collection costs, except when the stated victim-docketing conditions apply.

If the defendant owes court-ordered restitution and enters into a deferred or installment payment agreement, any moneys collected pursuant to such agreement shall be used first to satisfy such restitution order and any collection costs associated with restitution prior to being used to satisfy any other fine, forfeiture, penalty, or cost owed, unless an order for restitution is docketed in the name of the victim or it is ordered that an assignment of the judgment to the victim be docketed.

Criminal cases

Page 1 | I. Deferred/Installment Payment Policy

The Social Security and Supplemental Security Income payment exemption does not cover restitution, which remains due as ordered by the Court.

Any restitution that has been ordered to pay is not included in this exemption of payment and is due as the Court has ordered.

Criminal cases

Page 2 | I. Deferred/Installment Payment Policy

Community service work cannot discharge restitution or the collection fee.

Restitution or the Collection Fee cannot be discharged through the performance of Community Service work.

Criminal cases

Page 2 | A. After release from incarceration or if no active incarceration has been imposed

The court may require a down payment for a subsequent agreement, capped at 10% when fines and costs are $500 or less, or the greater of 5% or $50 when they exceed $500.

The court may 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, 10 percent of such amount or (ii) if the fines and costs owed are more than $500, five percent of such amount or $50, whichever is greater.

Criminal cases

Page 2 | I. Deferred/Installment Payment Policy

If a defendant does not enter an agreement or fails to make its required payments, the Tax Commissioner may pursue collection of fines, costs, forfeitures, and penalties under § 19.2-349.

The failure of the defendant to enter into a deferred payment or installment payment agreement with the court or the failure of the defendant to make payments as ordered by the agreement shall allow the Tax Commissioner to act in accordance with § 19.2-349 to collect all fines, costs, forfeitures, and penalties.

Criminal cases

Page 1 | I. Deferred/Installment Payment Policy

No down payment is required for an initial deferred or installment agreement, although the court may require one for a subsequent agreement and defendants may pay one voluntarily.

A defendant is not required to make a down payment upon entering a deferred, modified deferred, or installment payment agreement, other than a subsequent payment agreement, in which case the court may require a down payment (see below). Nothing in this section shall prevent a defendant from voluntarily making a down payment upon entering any payment agreement.

Criminal cases

Page 1 | I. Deferred/Installment Payment Policy

Individuals approved for community service to discharge fines and costs may also be required to make monthly payments based on their ability to pay.

Individuals approved to perform Community Service Work to discharge all or part of their fine and costs may be required to make a monthly payment based upon their ability to pay.

Criminal cases

Page 2 | A. After release from incarceration or if no active incarceration has been imposed

A defendant who notifies the Court that Social Security benefits or Supplemental Security Income are their sole financial resource need not pay until they have another resource or income.

If a defendant notifies the Court that his sole financial resource is a Social Security benefit or Supplemental Security Income, then the defendant is not required to pay until the defendant has another resource or income.

Criminal cases

Page 2 | I. Deferred/Installment Payment Policy

When deciding whether to approve a subsequent payment agreement, the court will consider changes in the defendant’s circumstances.

In determining whether to approve the request for a subsequent payment agreement, the court will consider any change in the defendant's circumstances.

Criminal cases

Page 2 | I. Deferred/Installment Payment Policy

Community service at approved locations may discharge fines and costs, but not restitution or the collection fee.

Community Service at approved locations in lieu of payments may be an option to discharge fines, and costs, but not restitution or the collection fee.

Criminal cases

Page 1 | I. Deferred/Installment Payment Policy

Eligible defendants may pay court-ordered fines, restitution, forfeitures, penalties, and costs in deferred payments or installments.

Any defendant convicted of a traffic infraction or a violation of any criminal law or found not innocent in the case of a juvenile, who is sentenced to pay a fine, restitution, forfeiture, or penalty may pay such fine, restitution, forfeiture, or penalty and any costs that the defendant may be required to pay in deferred payments or installments.

Criminal cases

Page 1 | I. Deferred/Installment Payment Policy

A defendant who defaulted on a payment agreement may petition the court for a subsequent agreement.

A defendant who has defaulted on a payment agreement may petition the court for a subsequent payment agreement.

Criminal cases

Page 2 | I. Deferred/Installment Payment Policy

The account will not go to collections while the defendant’s sole income remains unchanged as described in the Social Security exemption.

As long as the sole income remains unchanged, the account will not go to collections.

Criminal cases

Page 2 | I. Deferred/Installment Payment Policy

Defendants may earn community-service credits before, during, or after imprisonment to discharge all or part of an imposed fine or costs.

Pursuant to 19.2-354 (C), the Court has established a program that allows defendants upon whom a fine and costs have been imposed to discharge all or part of the fine or costs by earning credits for the performance of community service work before, during, or after imprisonment.

Criminal cases

Page 2 | II. Community Service Policy

Community service work earns credit at $9.50 per hour.

Individuals will receive credit at the rate of $9.50 per hour for Community Service Work.

Criminal cases

Page 2 | A. After release from incarceration or if no active incarceration has been imposed

Common questions about Winchester Circuit Court, Virginia rules

What must be included with timesheet filings in Winchester Circuit Court, Virginia?

An individual approved to perform community service in lieu of paying fines and costs must submit timesheets to the Clerk monthly.

View ruleSource: page 3, section A. After release from incarceration or if no active incarceration has been imposed

What must be included with motion filings in Winchester Circuit Court, Virginia?

A request for community-service credit earned while incarcerated must be made by motion after release.

View ruleSource: page 3, section B. While incarcerated

Are filing fees or waivers addressed in Winchester Circuit Court, Virginia?

Payments under an agreement must first satisfy restitution and associated collection costs, except when the stated victim-docketing conditions apply.

View ruleSource: page 1, section I. Deferred/Installment Payment Policy

What filing deadlines does Winchester Circuit Court, Virginia set?

To place a matter on the Civil Motions Day docket, file a praecipe at least 7 days before Motion Day.

View ruleSource: page 1, section Civil Motions Day
Complete rules summary for Winchester Circuit Court, Virginia

To place a matter on the Civil Motions Day docket, file a praecipe at least 7 days before Motion Day.

If a defendant does not enter an agreement or fails to make its required payments, the Tax Commissioner may pursue collection of fines, costs, forfeitures, and penalties under § 19.2-349.

No down payment is required for an initial deferred or installment agreement, although the court may require one for a subsequent agreement and defendants may pay one voluntarily.

Eligible defendants may pay court-ordered fines, restitution, forfeitures, penalties, and costs in deferred payments or installments.

Payments under an agreement must first satisfy restitution and associated collection costs, except when the stated victim-docketing conditions apply.

Community service at approved locations may discharge fines and costs, but not restitution or the collection fee.

A non-incarcerated defendant approved for community service while on a payment plan must continue monthly payments in addition to community service hours.

A defendant who defaulted on a payment agreement may petition the court for a subsequent agreement.

When deciding whether to approve a subsequent payment agreement, the court will consider changes in the defendant’s circumstances.

The court may require a down payment for a subsequent agreement, capped at 10% when fines and costs are $500 or less, or the greater of 5% or $50 when they exceed $500.

A defendant who notifies the Court that Social Security benefits or Supplemental Security Income are their sole financial resource need not pay until they have another resource or income.

The account will not go to collections while the defendant’s sole income remains unchanged as described in the Social Security exemption.

The Social Security and Supplemental Security Income payment exemption does not cover restitution, which remains due as ordered by the Court.

Defendants may earn community-service credits before, during, or after imprisonment to discharge all or part of an imposed fine or costs.

Community service work earns credit at $9.50 per hour.

Individuals approved for community service to discharge fines and costs may also be required to make monthly payments based on their ability to pay.

Community service work cannot discharge restitution or the collection fee.

An individual approved to perform community service in lieu of paying fines and costs must submit timesheets to the Clerk monthly.

A request for community-service credit earned while incarcerated must be made by motion after release.

At the hearing, the individual seeking credit must present attested records verifying the work.

At the hearing, the individual seeking credit must show that the hours were performed after June 30, 2020.

At the hearing, the individual seeking credit must prove that the hours have not been and will not be applied to fines and costs owed to another court.

A request for community-service credit filed while the individual is incarcerated will be dismissed without prejudice, with instructions to file after release.

More Judges in Winchester Circuit Court, Virginia

Alexander R. Iden
Judge
Andrew S. Baugher
Judge
Bruce D. Albertson
Judge
Christopher E. Collins
Judge
Clark A. Ritchie
Judge
Daryl L. Funk
Judge
Kevin C. Black
Judge
William W. Eldridge IV
Judge