17 Judicial Circuit Of Virginia - Arlington County, Virginia
17th Judicial Circuit of VirginiaLocal Rules and Preferred PracticesEffective August 1, 201611This version includes the amendment effective November 19, 2014, Sec. 3.7; and effective August 1, 2015, thefollowing were adopted: non-stylistic amendments to Sections IV, V, 2.2(B), 2.3(A)(iv)(f), 2.4(A), 2.4(B)(ii),2.5(A)(11); added “sentencing” to Sec. 2.1(D)(v); retitled Sec. 2.3(A); a new Sec. 2.5(A)(13); a new Sec.2.5(A)(14); renumbered the prior Sec. 2.5(A)(13) to (A)(15); added Sec. 2.8(F); a non-stylistic amendment to Sec.3.2(B); added Sec. 3.2 (F)(iii); a non-stylistic amendment Sec. 3.2(G); added new Sec. 3.3 (iii); added new Sec. 3.5(B); a non-stylistic amendment to Sec. 3.7(F); and added Sec. 4.7; and effective August 1, 2016, the following wereadopted: a non-stylistic amendment to Sec. 1.2; added “evidentiary” to the title of Sec. 2.1(C); added “the assignedjudge” in Sec. 2.1(D)(v); a non-stylistic amendment to Sec. 2.2(C); a non-stylistic amendment to Sec. 2.3(A)(i);added Sec. 2.3(iv)(h); changed “Drug Treatment Court” to “Drug Court Docket” throughout Sec. 2.8; replacedpreviously titled Section 2.9(B) and added Sec. 2.9(B)(i)-(iii); added Sec. 3.1(D)(ii)(8); a non-stylistic amendment toSec.3.1(D)(iii); a non-stylistic amendment to Sec.3.2(F)(iii); added Sec. 3.2(H); a non-stylistic amendment to Sec.3.3(B) and 3.3(D); a non-stylistic amendment to Sec. 3.7(A)(i); renumbered the prior Sec. 3.7(D)(a)-(d); added Sec.3.7(D)(v)-(viii); a non-stylistic amendment to Sec. 3.7(E)-(G); and a non-stylistic amendment to Sec. 4.4(A).
17th Judicial Circuit of Virginia Local Rules and Preferred PracticesTable of ContentsPart A.1Title and Construction .1(I)Title: .1(II)Purpose .1(III) Construction.1(IV) Effective Date .1(V) Application .2(VI) Publication and Amendments .2(VII)Reserved.2Part 1 .2General Provisions .21.1Hours of Operation.21.2Delay or Closure .21.3Use of Electronic Equipment .2A.Courtroom Equipment .2B.Communication Devices, Recording Devices, and Computing Devices .31.4Displacement of Prior Memoranda or General Orders .41.5 Reserved .4Part 2 .5Criminal Cases and Management of the Criminal Docket .52.1Calendar.5A.Term of Court .5B.Criminal Docket .5C.Evidentiary Motions Docket .5D.Changing a Court Date for Trial, Motion, Disposition or Sentencing Hearing .5E.Grand Jury .6F.Reserved .72.2Case Setting .7A.Procedure .7B.Indictments.7C.Misdemeanor and Non-Custodial Juvenile and Domestic Relations Appeals .7D.Custodial Juvenile and Domestic Relations Appeals .7E.Availability of Witnesses for Trial .7-i-
F.2.3A.2.4Setting a Case for Disposition.7Motion Requirements .8Filing Certain Motions .8Incidents of Hearing or Trial . 10A.Jury Instructions . 10B.Language Interpretation . 10C.Transportation Orders . 122.5Sentencing . 12A.Terms of Probation . 12B.Sentencing Docket Time Estimate . 14C.Restitution, Court Costs and Fees . 142.6Immediate Sanction Probation Pilot Program . 14A.Description . 14B.Eligible Offenders . 14C.Expedited Process . 14D.Sanctions . 15E.Counsel . 15F.Proceedings . 152.7A.2.8Restricted License Procedure for Certain Offenses . 16Purpose . 16Drug Treatment Docket . 17A.Description . 17B.Eligible Defendants . 17C.Hearings . 17D.Handbook. 17E.Referrals by Counsel and Others . 17F.Referral by Sentencing Judge . 172.9Bond Motions and Related Hearings . 18A.Bond Appeals from General District Court or Juvenile and Domestic RelationsDistrict Court . 18B.Motion to Reconsider Previously Set Bail in Pending Cases. . 18Part 3 . 19Civil Cases and Management of the Civil Docket . 193.1A.Calendar. 19Term of Court . 19ii
B.Civil Docket . 19C.Motions Docket . 19D.Continuances . 193.2Case Setting . 20A.Procedure . 20B.Placing Case on Term Day Docket . 20C.General District Court and Juvenile and Domestic Relations District Court CivilAppeals . 21D.Habitual Offender Cases . 21E.Availability of Witnesses for Trial . 21F.How Trial Date is Set . 21G.Scheduling Order . 22H.Petition for Expungement . 223.3Motions . 22A.Setting a Motion on the Docket . 22B.Filing Requirements for Dispositive Motions and Certain Discovery Motions – TwoWeek Motions . 23C.Filing Requirements for Non-Dispositive Motions and Discovery Where NoResponse Was Made . 23D.Removal of a Docketed Motion . 24E.Reconsideration . 24F.Garnishments . 24G.Orders . 24H.Notice . 25I.Telephone Appearances . 253.4Incidents of Hearing or Trial: . 25A.Jury Instructions . 25B.Foreign Language Interpretation . 25C.Sign Language Interpreter . 263.5Commissioner In Chancery . 26A.Interrogatory Hearing . 26B.Special Commissioner of Sale Matters. 263.6Fiduciary Matters . 27A.Filing. 27B.Notice . 27iii
C.Docket. 27D.Guardian Ad Litem Fees. 273.7Domestic Relations Proceedings . 27A.Contested Custody Cases . 27B.Child Support Calculations . 28C.Contested Divorce Proceeding Case Setting . 28D.Uncontested Divorce Proceeding . 28E.Equitable Distribution, Child Custody, Visitation Cases – Pretrial Conference . 29F.Final Decree . 30G.Case Closing or Re-Opening . 30H.Filing of Necessary Documents in Support of Divorce . 30Part 4 . 31Electronic Filing . 314.1Purpose . 314.2Procedure . 314.3Permitted Filers . 314.4Filing Requirements . 31A.Initiating a New Case . 31B.Filings After the Initial Pleading . 31C.Case Number . 31D.Motions . 32E.Attachments . 32F.Orders . 324.5Rejected Filing . 324.6Proper Access to Electronic Filing System . 324.7Secure Remote Access . 32Part 5 . 33Civil Commitment Hearings . 335.1Conducting the Hearings . 33A.Hearing Date and Location . 33B.Venue . 33C.Concurrent Jurisdiction of Special Justice . 33D.Opening Remarks by Special Justice . 345.2Reserved. . 34iv
17th Judicial Circuit of VirginiaLocal Rules and Preferred Practices1Part ATitle and Construction(I)Title: These rules are known as the Local Rules and Preferred Practices for the17 Judicial Circuit and may be cited as “17th Cir. R. P.”.th(II)Purpose: All parties, whether proceeding pro se (self-represented) or by counsel(represented by an attorney) should have equal access to information governing the presentationof matters before the Court for just adjudication. Over time, numerous matters addressed hereinhave become the local practice or have been addressed in memoranda previously issued by theCourt. To promote equal access to information, the Court hereby promulgates these Rules foruse by all who seek relief from the Court. No case will be dismissed for failure to follow theseRules.(III) Construction: These Local Rules and Preferred Practices are issued pursuant toand strictly subject to Virginia Code Section 8.01-4, the Court having determined they arenecessary to promote proper order and decorum of matters before the 17th Judicial Circuit Court,and for the efficient use of the Arlington courthouse facilities, and they are issued pursuant andstrictly subject to Rule 1:15 of the Rules of the Virginia Supreme Court. These rules aresubordinate to the United States Constitution, the Constitution of Virginia, the Code of Virginia,case law of the Supreme Court of the United States and the appellate courts of Virginia, and theRules of the Supreme Court of Virginia. A conflict between any of the foregoing and the 17thCir. R. P. shall be construed against the 17th Cir. R. P.(IV) Effective Date: These Local Rules and Preferred Practices are effective July 1,2014 and shall govern all actions then pending or commenced thereafter, but shall not applyretroactively. Amendments hereto shall be effective on the dates referenced herein.1This version includes the amendment effective November 19, 2014, Sec. 3.7; and effective August 1, 2015, thefollowing were adopted: non-stylistic amendments to Sections IV, V, 2.2(B), 2.3(A)(iv)(f), 2.4(A), 2.4(B)(ii),2.5(A)(11); added “sentencing” to Sec. 2.1(D)(v); retitled Sec. 2.3(A); a new Sec. 2.5(A)(13); a new Sec.2.5(A)(14); renumbered the prior Sec. 2.5(A)(13) to (A)(15); added Sec. 2.8(F); a non-stylistic amendment to Sec.3.2(B); added Sec. 3.2 (F)(iii); a non-stylistic amendment Sec. 3.2(G); added new Sec. 3.3 (iii); added new Sec. 3.5(B); a non-stylistic amendment to Sec. 3.7(F); and added Sec. 4.7; and effective August 1, 2016, the following wereadopted: a non-stylistic amendment to Sec. 1.2; added “evidentiary” to the title of Sec. 2.1(C); added “the assignedjudge” in Sec. 2.1(D)(v); a non-stylistic amendment to Sec. 2.2(C); a non-stylistic amendment to Sec. 2.3(A)(i);added Sec. 2.3(iv)(h); changed “Drug Treatment Court” to “Drug Court Docket” throughout Sec. 2.8; replacedpreviously titled Section 2.9(B) and added Sec. 2.9(B)(i)-(iii); added Sec. 3.1(D)(ii)(8); a non-stylistic amendment toSec.3.1(D)(iii); a non-stylistic amendment to Sec.3.2(F)(iii); added Sec. 3.2(H); a non-stylistic amendment to Sec.3.3(B) and 3.3(D); a non-stylistic amendment to Sec. 3.7(A)(i); renumbered the prior Sec. 3.7(D)(a)-(d); added Sec.3.7(D)(v)-(viii); a non-stylistic amendment to Sec. 3.7(E)-(G); and a non-stylistic amendment to Sec. 4.4(A).1
(V)Application: These Local Rules and Preferred Practices are issued for all parties,including self-represented litigants, attorneys and any attorney appointed as a guardian ad litemto follow. If a party is acting pro se, reference in these rules to “counsel” shall mean selfrepresented litigants, except where otherwise provided. Subject to Part A and Part 1 of the 17thCir. R. P., the provisions contained in Part 2 shall govern criminal law cases; those in Part 3 shallgovern civil cases; those in Part 4, also subject to Part 2 or Part 3, as applicable shall govern allelectronic filings; and those in Part 5 shall govern mental commitment hearings conducted byspecial justices. For good cause, upon motion of any party, or upon the Court’s own motion, theCourt may waive the application of these rules. These Rules and Preferred Practices are notintended to be exhaustive. In the event the Court believes that any part hereof should not applyto any type of proceeding, it may also issue a standing order to that effect. Nothing hereinrelieves any party from complying with the laws of the Commonwealth of Virginia or the Rulesof the Supreme Court of Virginia.(VI) Publication and Amendments: The 17th Cir. R. P. shall be posted in the Office ofthe Clerk of the Circuit Court, shall be provided to the Arlington County Bar Association and itslaw library, will be posted on the Court’s website (http://courts.arlingtonva.us/circuit-court/),and will be provided upon request. Amendments by the Court to the 17th Cir. R. P. will bedisseminated as aforesaid. The Clerk of the Circuit Court and the Arlington Bar Associationmay publish a copy of the 17th Cir. R. P. on their respective websites.(VII)ReservedPart 1General Provisions1.1 Hours of Operation: The Courthouse shall be open from 8:00 a.m. until 5:00 p.m.,and Judicial Chambers (“Chambers”) will be open from 9:15 a.m. to 5:00 p.m., Monday throughFriday, except as otherwise provided herein or ordered by the Court. A proceeding in anycourtroom of the courthouse may proceed beyond the foregoing hours as determined by thepresiding judge, unless otherwise ordered by the Chief Judge of this Circuit.1.2 Delay or Closure: In the event the Court is closed, all matters docketed on the datethe Court is closed will be docketed for a status hearing the following business day, to be heardon the Court’s regular docket. In the event counsel is not available the following business day,counsel shall contact Chambers no later than 9:00 a.m. that day to select another status dateacceptable to the Court within seven (7) calendar days and inform opposing counsel. If theCourt is delayed or closed due to inclement weather, such event will be published on the Clerk ofthe Circuit Court’s website or through local media.1.3Use of Electronic Equipment:A. Courtroom Equipment. The Circuit Court courtrooms are equipped withelectronic equipment for use during a court proceeding. Prior to using such equipment, counselshall be familiar with its use and be ready to proceed without the necessity of the Court taking arecess. In advance of the hearing date, counsel may receive training on the courtroom equipment2
or confirm compatibility of counsel’s equipment by contacting the Clerk of the Circuit Court. Inthe event counsel wishes to bring his or her own electronic equipment to be operatedindependently of the courtroom equipment, counsel must obtain approval of the presiding judge.B. Communication Devices, Recording Devices, and Computing Devices. Forsafety and security reasons, and to ensure the integrity of the judicial process, all cellular orsmart phones, pagers, personal data assistants, laptops, electronic tablets, tape recorders,cameras, photographic or video recording equipment, electronic communication devices andsimilar types of devices are prohibited in the Arlington County Courthouse, except forcourthouse equipment and as provided below.i. Exemption Group A. The following individuals shall be exempt from theprohibition against possessing the foregoing devices while in the ArlingtonCounty Courthouse:a) Judicial Officers.b) Active members of the Virginia State Bar in good standing who presenta valid government-issued photo identification and a validly issuedVirginia State Bar membership card.c) Active members of a foreign state’s bar in good standing who are notmembers of the Virginia State Bar, who present valid government-issuedphoto identification and a validly issued state bar membership card, andwith permission of the presiding judge.d) Individual(s) as permitted by law or otherwise approved by an ArlingtonCounty Judge governing the judge’s courtroom and court proceeding.ii. Exemption Group B. The following individuals shall be exempt from theprohibition against possessing cellular or smart phones, pagers, personal dataassistants, laptops, or electronic tablets while in the Arlington CountyCourthouse:a) Current Arlington County Courthouse employees possessing a validArlington Sheriff-issued photograph identification card (as determinedby the Arlington County Sheriff).b) Current Arlington County employees possessing a valid ArlingtonCounty-issued photograph identification card (as determined by theArlington County Sheriff).c) Current Local, State or Federal Law Enforcement Officers on officialbusiness and possessing valid current government-issued identificationdemonstrating such employment (as determined by the ArlingtonCounty Sheriff).d) Building and maintenance tradesmen, equipment repairmen, and vendorswho do not pose a security risk (as determined by the Arlington CountySheriff), who are at the courthouse to employ their trade and whoseability to access such device is necessary for their work at thecourthouse, may be permitted to possess these devices only upon theexpress authorization of the Arlington County Sheriff or the Sheriff’s3
designee and upon written request to the Sheriff detailing theindividual’s name, purpose for the visit to the Courthouse, the period oftime the person expects to be in the courthouse, the electronic devicesintended to be brought into the courthouse, and the justification forpossessing such device while in the courthouse.e) Court reporter or land record title searcher who, either previous to theeffective date of these Rules, or subsequently, requested and received ofthe Arlington County Sheriff an exemption, which was granted, andwhose name appears on a list maintained by the Sheriff.f) Juror who possesses a valid juror summons or badge. A juror shall notuse any such device to record, photograph, or otherwise transmit orcommunicate any court proceeding.Use of cellular phones and other electronic devices by persons exempt from the prohibition shallnot take place in any courtroom without prior approval of the presiding judge. Any sound (audio)function shall be silenced. While in the courtroom, counsel is prohibited from using cellularphones, laptops, personal digital assistants, and other similar electronic devices except when atcounsel table or the podium and when necessary for the pending case.Absent permission by the Court, no one shall photograph or video any internal part of thecourthouse.Should the use of any electronic device be contrary to the foregoing, the Court may confiscatesuch device for such term as determined by the presiding judge to ensure no further interferencewith court proceedings. In the event an electronic device is brought into the courthouse contraryto this rule, the Arlington County Sheriff may confiscate such device and inform the presidingjudge; or should discovery of the item be made outside of a courtroom in possession of a nonexempt individual, the Chief Judge of the Circuit Court shall be informed, who will thendetermine necessary action. A violation of 17th Cir. R. P. 1.3 will be the subject of a contemptproceeding, thereby subjecting the violator to possible appropriate sanctions by the Court.Notwithstanding the foregoing, if a presiding judge determines that the use of an electronicdevice in the courtroom or outside the courtroom during a proceeding impairs or adverselyaffects the judicial proceeding, the judge may order that the use of such devices is prohibited.1.4 Displacement of Prior Memoranda or General Orders: These Rules displace theCourt’s prior memoranda or general orders governing the courthouse or proceedings.1.5 Reserved[Amendment effective August 1, 2016, added d
17th Judicial Circuit of Virginia Local Rules and Preferred Practices1 Part A Title and Construction (I) Title: These rules are known as the Local Rules and Preferred Practices for the 17th Judicial Circuit and may be cited as "17th Cir. R. P.". (II) Purpose: All parties, whether proceeding pro se (self-represented) or by counsel
3/23/2021 310086 d eve, louis k 141 judicial delegate 3/23/2021 310086 d halton-pope, leah m 141 judicial delegate 3/23/2021 310086 d hibit, jennifer l 141 judicial delegate . mitchell p 149 judicial delegate 3/23/2021 310077 d phillips, carrie a 149 judicial delegate 3/23/2
The Chief Justice chairs the Minnesota Judicial Council, the administrative, policy-making body for the Judicial Branch. The State Court Administrator serves as staff to the Judicial Council. The State Court Administrator’s Office provides central administrative infrastructure services to the entire Judicial Branch, including human
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