Under the Uniform Post-Conviction Procedure Act, a person who has been convicted of and sentenced for a crime may institute a proceeding applying for relief upon specified grounds. A proceeding is commenced by filing an application with the clerk of the court in which the conviction and sentence took place. The application may be considered by any judge of the court in which the conviction took place.
Virginia Motion to Reopen Petition for Post Conviction Relief
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How to fill out Motion To Reopen Petition For Post Conviction Relief?
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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).
Absent leave of court, if a brief in support of a motion is five or fewer pages in length, the required notice and the brief shall be filed and served at least 14 days before the hearing and any brief in opposition to the motion shall be filed and served at least seven days before the hearing.
§ 8.01-428. Setting aside default judgments; clerical mistakes; independent actions to relieve party from judgment or proceedings; grounds and time limitations.
If convicted by the General District Court, you have the right to file a motion to reopen your case within 60 calendar days after your trial date. You must file your motion in person, or in writing if you live more than 50 miles from the court. Motions to reopen will be granted only upon a showing of good cause.
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.
NOTICE TO APPELLANT: The notice of appeal must be filed with the clerk of the trial court and a copy must be transmitted to the Clerk of the Court of Appeals of Virginia and, except as otherwise provided by law, must be accompanied by the $50.00 filing fee required by Va.
Motion to Vacate in Virginia In criminal cases, a motion to vacate is typically used to challenge a conviction or sentence based on new evidence, a constitutional violation, or ineffective assistance of counsel.