Winchester Circuit Court, Virginia
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements5 rules
Show that the hours for which credit is sought were performed after June 30, 2020; and
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.
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.
Present attested records verifying the work for which credit is sought;
However, a request for the credit must be made by motion to the court following release from incarceration.
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