Virginia Sample Letter for Date of Trial
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FAQ
Five days' notice is required to the opposing party and the court. Motions may be typed by either party, may be filed on the General Notice and Motion Form or may be filed on one of the appropriate forms provided by the Supreme Court of Virginia (located here).
Continuances are filed in person, by phone, or by email. The clerk's office will process a first continuance request. All second and subsequent requests will be reviewed by a Judge. For serious misdemeanor charges, including DWIs, a Judge must review all continuance requests, and some further requirements must be met.
Va. Code § 16.1-106.1. Once the appeal has been perfected by posting a required appeal bond or by payment of the costs, or after ten days have elapsed since the entry of the judgment or order when no appeal bond or costs are required to perfect the appeal, any withdrawal of the appeal must occur in Circuit Court.
A request for a continuance must be made in person on your court date before the judge. If you are unable to appear on the court date, you may file a request for a continuance, in writing, no less than two business days prior to the court date.
How many times can I change my court date. Typically you can continue a case only once, maybe twice, unless you have a compelling reason, so use your continuances sparingly.
Continuances are filed in person, by phone, or by email. The clerk's office will process a first continuance request. All second and subsequent requests will be reviewed by a Judge. For serious misdemeanor charges, including DWIs, a Judge must review all continuance requests, and some further requirements must be met.
Except for good cause shown, motions for extensions shall be made in writing, served on all parties and commission staff counsel, and filed with the commission at least three days prior to the date the action sought to be extended is due. §§ 12.1-13 and 12.1-25 of the Code of Virginia.