Provisions in Civil Cases

• Rule 3:1.  Motion Day Hearings.
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  1. Except as provided in (b), (c), (d) and (e) of the Rule in cases pending in each court, the following matters shall be heard only on the Motion Days thereof.
     1. All arguments on pleadings, on motions and on entry of orders, judgments and decrees.

     2. All pretrial conferences and motions to set matters for trial.

     3. In the Circuit Court of Clarke County only, hearings pendente lite in domestic relations cases, but shall be scheduled at the end of the docket.

     4. All uncontested hearings on the appointment of any fiduciary, death by wrongful act and infant settlements, but the same shall be scheduled at the end of the docket.

  2. Except as provided in (c) of this Rule, no such matters in cases pending in one court shall be heard on a Motions Day of another Court without leave of the judge regularly presiding in the latter Court and after disposition of all matters appearing on the Motion Day docket.

  3. Whenever the presiding judge in a case pending in a court does not regularly sit in that court, unless otherwise ordered by him, such matters shall be heard on a Motion Day of a Court in which he regularly sits. Praecipe for such purpose shall be filed with the Clerk of both Courts and treated by the Clerk of the latter Court as though the case were pending therein.

  4. Any matter appearing on the docket of a Motion Day, the hearing of which is not completed or not reached that day, shall be continued as determined by the Court to some later day, and if to the next Motions Day of that Court such matters shall, in their original order of priority, have priority on the docket for that day.

  5. Any matter specified in (a) of this Rule to be heard only on Motions Days may be heard on any other day by leave of or by order of the Court. Any matter not specified by (a) of this Rule to be heard on Motion Days may be heard thereon by leave of or by order of the Court, in which event praecipe shall be filed as required by Rule 3:2.

  6. Except by leave of Court no matter shall be placed on a Motion Day docket without timely filing of a praecipe as required by Rule 3.2.

  7. Leave of Court of leave of a presiding judge as used in this Rule will ordinarily be granted only with the consent or agreement of counsel.

• Rule 3:2.  Motion Day Praecipe and Docket.
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  1. In order to place matters required by Rule 3:1 to be placed on a Motion Day docket of a Court, counsel or a part not in default and not represented by counsel shall file in the clerk's office a Praecipe (Fill-in) or Praecipe (Text Only) duly signed and in the form of the form praecipe provided for in Rule 1:15(b) and the Appendix thereto of the Supreme Court of Virginia or Form 3:2(a) of the Appendix hereto, not less than seven (7) nor more than thirty (30) days prior to the Motion Day to which it is returnable. The certificate of service shall contain the names and addresses of all persons entitled to receive the praecipe.

  2. The clerk of each Court shall maintain a docket sheet for each Motion Day of that Court and shall list thereon seriatim each case for which a proper praecipe under (a) of this Rule has been timely filed, noting as to each the short style of the case, the names of counsel, including parties not in default and not represented by counsel, the purpose of the hearing the hour at which it is scheduled to commence and the estimate of time required for the hearing. The order in which matters are listed for the hearing on the Motion Day docket shall be in the discretion of the Clerk.

  3. At least five (5) days before each Motion Day of a Court, the Clerk thereof shall mail a copy of the docket for such day to all Virginia counsel of record and all unrepresented parties not in default. Failure of the Clerk to mail as required by this paragraph shall not stay any proceeding or be ground for continuance.

• Rule 3:3.  Pretrial Conference.
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  1. A pretrial conference at which all matters listed under Rule 4:13 of the Supreme Court of Virginia may be considered and held prior to and as a prerequisite to setting any matter for trial or hearing on its merits.

  2. Counsel attending pretrial conference shall have full authority with respect to stipulations, limitations of issues, and the disposition of all other matters considered. The preparation and submission for enty of pretrial orders shall be the responsibility of the parties, unless otherwise advised by the Court.

• Rule 3:4.  Setting for Trial.
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  1. Trials on issues of facts raised by plea may be, in the discretion of the Court, heard separately or in conjunction with trial on the merits. Trials will not be set untill:

     1. The parties are at issue on the matters to be tried and the case is matured.

     2. Pretrial conference, if required, in accord with Rule 3:3(a) has been had.

     3. All discovery procedures relating to the issues to be tried have been completed, or a date by which all discovery procedures shall have been completed has been determined by order.

  2. Request for trial on the merits shall be either by use of the Motion Day Pracipe, including item number 7 with its certification thereof, or the praecipe form in Rule 1:15(b), Part One of the rules of the Supreme Court of Virginia.

• Rule 3:5.  Preparation and Presentation of Orders.
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  • 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.

• Rule 3:6.  Domestic Relations Matters.
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  1. All contested proceedings for divorce, annulment, separate maintenance, child custody, support and similar matters and all such matters pendente lite, contested or not, shall be heard ore tenus unless otherwise ordered by the Court. Any such proceeding, other than those pendente lite, when uncontested shall be heard on deposition unless otherwise ordered by the Court.

  2. A statistical report as required by Code § 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.

• Rule 3:7.  Determination of Fact Issues in Equity.
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  • Except as provided in Rule 3:4(a) for domestic relations matters, unless otherwise ordered by the Court, proceedings in equity involving contested issues of fact shall be heard ore tenus, and uncontested proceedings or proceedings in which the facts are not contested shall be heard on deposition. In any event, the Court may order a reference of any issue to a Commissioner in Chancery for hearing and report thereon.

• Rule 3:8.  Certain Appeals by Juveniles
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  1. In all juvenile cases in which an appeal has been noted from the final judgment of a juvenile and domestic relations district court finding a juvenile subject to the provisions of the juvenile law for an offense which is committed by an adult would be a crime, the procedures provided by Rule 2:2 shall apply mutatis mutandis, unless the Circuit Court to which the appeal lies shall by entry of a general order provide some other procedure.

  2. In such cases, the provisions of Rule 1:6 shall apply mutatus mutandis to the allowance of fees and expenses of court-appointed counsel.

• Rule 3:9.  Court Reporters and Courtroom Recording Equipment.
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  1. The party or parties desiring the services of a court reporter shall be responsible for obtaining and compensating the reporter.

  2. When a party desires to use the courtroom electronic recording equipment such party shall so notify the clerk, in writing, not less than three (3) days before trial. All costs of recording shall, in the absence of agreement of counsel to the contrary, be the responsibility of the party desiring the use of the equipment.

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