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Court Rules

Fairfax County Circuit Court

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Adjournments

60Calendar Daysnotice
  • A Supreme Court judge may extend the transcript filing deadline for good cause on a motion filed within 60 days after entry of final judgment.
  • A Court of Appeals judge may extend the transcript filing deadline for good cause on a motion filed within 60 days after final judgment.
Reason for Request
24Hoursnotice
  • If the opposing side is not cooperative, the moving party must give written notice 24 hours beforehand stating the call date and time and reason for the appearance.
Reason for Request

Communication

Email
ccrinterpreterrequest@fairfaxcounty.gov
Phone

Clerk

703-246-4111
Emergencies
Phone

Chambers

(703) 246-2221
SchedulingEmergencies
Hours: Call by 8:45 a.m.; judges are available beginning at 8:30 a.m. Monday through Friday except holidays.
Cases:
Filters:

Document Format Requirements16 rules

FormattingMandatoryCriminal cases

Original plus three copies required.

Formatting

  • Submit the original plus three copies
FormattingMandatoryCriminal cases

Seven (7) copies must be filed; three (3) copies must be sent to opposing counsel.

Formatting

  • File seven copies
  • Send three copies to opposing counsel
appeal-criminal-court-of-appeals-procedure · p. 2
|SectionFile Appendix and Opening Brief
FormattingMandatoryCivil cases

The use of condensed or multi-page transcripts is prohibited. Rule 5A:4

Applies to
  • Transcript

Formatting

  • Condensed transcripts prohibited
  • Multi-page transcripts prohibited
appeal-civil-court-of-appeals-procedure · p. 1
|Section3. File Transcript or Written Statement of Facts. Rule 5A:8
FormattingMandatoryCivil cases

• Seven (7) copies must be filed; three (3) copies must be sent to opposing counsel.

appeal-civil-court-of-appeals-procedure · p. 2
|SectionFile appendix and opening brief
FormattingMandatory

Hyperlinks in documents are NOT supported.

Formatting

  • Hyperlinks in documents are not supported
FormattingImportantCriminal cases

Seven (7) copies must be filed; three (3) copies must be sent to opposing counsel.

appeal-criminal-court-of-appeals-procedure · p. 2
|SectionFile Appendix and Opening Brief. Rules 5A:19, 20 & 25
FormattingImportantCriminal cases

Original plus three copies required.

appeal-criminal-court-of-appeals-procedure · p. 2
|SectionPetition for Appeal. Rule 5A:12; §17.1-406
FormattingImportantCivil cases

The use of condensed or multi-page transcripts is prohibited.

appeal-civil-court-of-appeals-procedure · p. 1
|SectionFile Transcript or Written Statement of Facts
FormattingImportantCivil cases

• Contact Court of Appeals for cover and binding requirements.

appeal-civil-court-of-appeals-procedure · p. 2
|SectionFile appendix and opening brief
FormattingImportant

System Users are responsible for ensuring that scanned documents filed electronically are legible and properly oriented.

FormattingImportant

Documents that are skewed, blurry, or illegible may be rejected during clerk review.

FormattingImportant

System Users are responsible for ensuring that scanned documents filed electronically are legible and properly oriented. For black and white text documents, a minimum scanning resolution of 300 dots per inch is recommended. More complex documents, photographs, and images may require a higher resolution and/or scanning in color.

FormattingImportant

Hyperlinks in documents are NOT supported.

Formatting

  • Hyperlinks in documents are not supported
FormattingNote

Internet access allows you to upload pleadings and other documents in Word or as a PDF, to the FSX portal for e-submission to the Fairfax Circuit Court Clerk’s Office.

Fairfax:4c1b7b16c425a3aa0ac583f9 · Jul 2024
|SectionElectronic Filing of Civil and Criminal Records
FormattingNote

For black and white text documents, a minimum scanning resolution of 300 dots per inch is recommended.

FormattingNote

More complex documents, photographs, and images may require a higher resolution and/or scanning in color.

Document Filing Requirements39 rules

Filing RequirementsMandatory

*Effective 7/1/2024 State form CC-1640 (Cover Sheet - Petition for Appointment of Guardian and/or Conservator) is required with filing.

Fairfax:4c1b7b16c425a3aa0ac583f9 · Jul 2024
|SectionElectronic Filing of Civil and Criminal Records
Filing RequirementsMandatory

A civil court-appointed interpreter request includes CCR Form A-310 and State Form CC-1414.

Court's wording

The forms include: CCR Form A-310 (2pgs) Request for Court Appointed Interpreter for Civil Proceedings in the Circuit Court State Form CC-1414 Petition for Proceedings in Civil Case without payment of fees or costs.

Fairfax:bb2060a97d7369958ab1f1f7
|SectionProcedures for Requesting a Court Appointed Interpreter for Civil Proceedings
Filing RequirementsMandatoryCivil cases

The Petition must contain assignments of error. Rule 5:17(c)

appeal-civil-supreme-court-virginia-procedure · p. 2
|SectionFiling of Petition with the Supreme Court
Filing RequirementsMandatoryCivil cases

(NOTE – THIS IS NECESSARY IF SIGNATURE OF THE OPPOSING PARTY OR HIS/HER ATTORNEY CANNOT BE ACQUIRED.)

order-of-payment-general-sample · p. 2
|SectionCertification of Service
Filing RequirementsMandatory

Proposed Order (granting or denying the motion)

Document
Motion

Include

  • Proposed order
Fairfax:e25aaa0efc3713be99b0b1cf
|SectionAdmission of an Out-of-State Attorney Pro Hac Vice
Filing RequirementsMandatory

Original Notarized Application – plus two (2) copies

Fairfax:e25aaa0efc3713be99b0b1cf
|SectionAdmission of an Out-of-State Attorney Pro Hac Vice
Filing RequirementsMandatoryCivil cases

(NOTE – THIS IS NECESSARY IF SIGNATURE OF THE OPPOSING PARTY OR HIS/HER ATTORNEY CANNOT BE ACQUIR ED.)

order-of-payment-appeal-bond-sample · p. 2
|SectionCertification of Service
Filing RequirementsMandatory

Obtain and complete the following forms: a. CCR Form A-310 (on the next 2 pages) b. State Form CC-1414, Petition for Proceeding in Civil Case without payment of fees or costs

Filing RequirementsMandatory

Subscribed to, sworn to and acknowledged before me, a Notary Public in and for the Commonwealth and County aforesaid on this ____ day of ______, 20___.

interpreter-request-civil · p. 3
|SectionCOMMONWEALTH OF VIRGINIA - COUNTY OF FAIRFAX
Filing RequirementsMandatory

I hereby affirm that the statements on the attached Petition for Proceeding in Civil Case without Payment of Fees or Costs are true, complete and correct.

interpreter-request-civil · p. 3
|SectionPetition for Proceeding in Civil Case without Payment of Fees or Costs
Filing RequirementsMandatory

A Notice of Appeal must be written and state the date of the appealed order and which appellate court is being asked to review it.

Court's wording

To start an appeal, a Notice of Appeal must be filed. • It must be in writing. • It must be filed in the Clerk’s Office within 30 calendar days from the date the final judgment or other appealable order was entered. • The Notice of Appeal must clearly state: o The date of the order being appealed, and o Which court you are appealing to (the Court of Appeals or the Supreme Court).

appeal-general-procedures · p. 1
|SectionGENERAL APPEAL PROCEDURES
Filing RequirementsMandatory

The exact dollar amount of court costs and interest must be clearly and specifically stated in the Order of Payment and can only be deducted or paid from the appeal bond or any funds that are already held by the Clerk.

Fairfax:0988457b681306ded9443d5e
|SectionOrder of Payment
Filing RequirementsMandatory

All Orders submitted must state that payment is to be directed and payable to the Clerk of the Circuit Court.

Fairfax:0988457b681306ded9443d5e
|SectionReceipt of Funds
Filing RequirementsMandatory

Once an Order or case is appealed, we will not disburse any funds until the appeal is concluded unless all the parties provide a signed letter confirming that the funds in question are not the subject of the appeal and authorizing the Clerk's Office to disburse the funds.

Filing RequirementsMandatory

Trust funds and/or infant settlements to be held by the Clerk should not include the date of birth, address, nor social security number in the body of the Order.

Filing RequirementsMandatory

When you submit an Order of Payment to the Court, please include explicit payment instructions.

Document
Order of payment

Include

  • Include explicit payment instructions
Fairfax:0988457b681306ded9443d5e
|SectionOrder of Payment
Filing RequirementsMandatory

Any interpleaded funds, including infant settlements, require an Order signed by a Judge.

Fairfax:0988457b681306ded9443d5e
|SectionInterpleaded Funds
Filing RequirementsMandatory

Clear instructions concerning the amount, the payee, and the delivery address are essential.

Fairfax:0988457b681306ded9443d5e
|SectionOrder of Payment
Filing RequirementsMandatory

If all parties agree to the disbursement and sign the Order of Payment stating: “We Ask for This” or “Seen and Agreed”. The Clerk's Office will make an immediate disbursement after the Order is signed by a judge. This exception applies only if all relevant parties sign; blank spaces, signature “by permission”, and signatures waived by Rule 1:13 are insufficient.

Filing RequirementsMandatory

Explicit disbursement instructions must be directed by a Judge through a written Order.

Fairfax:0988457b681306ded9443d5e
|SectionDisbursement of Funds
Filing RequirementsMandatory

If an Order of Payment is entered without the agreement of all parties, the Clerk's Office will release the funds immediately if presented with a letter signed by all the parties agreeing to release funds. The letter must be very specific as to how much and to whom disbursement will be made.

Filing RequirementsMandatory

Prior to contacting Calendar Control, the moving party must complete the Calendar Control Order Form, which is available in Judges’ Chambers and at the link below.

Fairfax:371af80a272ace829d106b36
|SectionProcedures for Requesting Continuances & Setting Dates
Filing RequirementsMandatory

When completing the Calendar Control Order Form, all information in PART ONE of the form must be completed.

Fairfax:371af80a272ace829d106b36
|SectionProcedures for Requesting Continuances & Setting Dates
Filing RequirementsImportantCriminal cases

Appellant must indicate whether oral argument before a panel of judges is requested.

appeal-criminal-court-of-appeals-procedure · p. 2
|SectionPetition for Appeal. Rule 5A:12; §17.1-406
Filing RequirementsImportantCriminal cases

Oral argument is automatically scheduled on appeals unless counsel sends written notification that counsel waives the hearing, Rule 5A:28 or the Court summarily affirms the trial court. Rule 5A:27.

Filing RequirementsImportantCriminal cases

The Clerk of the trial court is not required to transmit exhibits of unusual bulk, weight or character with the record unless directed to do so by a party or by the clerk of the appellate court. Rule 5A:10(b)(4). The party desiring to make such exhibits part of the record must arrange for their transportation and receipt.

appeal-criminal-court-of-appeals-procedure · p. 2
|SectionPreparation and Transmission of Record
Filing RequirementsImportant

Once the forms have been completed, they may be dropped off at the 5th Floor Chambers Suite 501 or emailed to: CCRInterpreterRequest@FairfaxCounty.gov

Fairfax:bb2060a97d7369958ab1f1f7
|SectionProcedures for Requesting a Court Appointed Interpreter for Civil Proceedings
Filing RequirementsImportantCivil cases

The Supreme Court in its discretion may require a costs bond with security, generally in the amount of $500.00, upon awarding the appeal.

Filing RequirementsImportant

**Please forward to the Interpreter Coordinator when completed**

interpreter-request-civil · p. 2
|SectionREQUEST FOR COURT APPOINTED INTERPRETER FOR CIVIL PROCEEDINGS IN THE CIRCUIT COURT (CCR Form A-310)
Filing RequirementsImportantCivil cases

Oral argument is automatically scheduled unless counsel sends written waiver notification or the Court affirms summarily.

Court's wording

Oral argument is automatically scheduled on appeals unless counsel sends written notification that counsel waives the hearing, Rule 5A;28, or the Court affirms the trial court summarily, see Rule 5A:27.

Filing RequirementsImportantCivil cases

The clerk of the trial court is not required to transmit exhibits of unusual bulk, weight or character with the record unless directed to do so by a party or by the clerk of the appellate court.

appeal-civil-court-of-appeals-procedure · p. 2
|SectionPreparation and Transmission of Record
Filing RequirementsImportantCivil cases

The party desiring to make such exhibits part of the record must arrange for their transportation and receipt.

appeal-civil-court-of-appeals-procedure · p. 2
|SectionPreparation and Transmission of Record
Filing RequirementsImportant

Attach copy of notice if opposing party is not present.

calendar-control-form-civil · p. 1
|SectionPART ONE – TO BE COMPLETED BY THE PARTIES
Filing RequirementsImportant

Unless the text of the order specifically directs otherwise or counsel has given us authorization, all disbursements are made payable to the payee client, and delivered to the payee's counsel. Address information should be provided in the order.

Fairfax:0988457b681306ded9443d5e
|SectionOrder of Payment
Filing RequirementsImportant

The Calendar Control Order Form should accurately reflect who will be calling in to speak with the Calendar Control Judge. If one attorney is calling in on behalf of another attorney, the attorney that is actually calling in should be the one listed on the Calendar Control Order Form. A current telephone number and email address should be included for all counsel and/or pro se parties that will be calling in.

Fairfax:371af80a272ace829d106b36
|SectionProcedures for Requesting Continuances & Setting Dates
Filing RequirementsImportant

If the opposing side agrees, it may endorse the form, which the moving party may submit to Chambers before the call to speak with the judge without the opposing side.

Court's wording

If the opposing side agrees with the continuance request, they may endorse the Calendar Control Order Form and the moving party would be able to submit the endorsed Calendar Control Order Form to Judges’ Chambers prior to the telephone call and the moving party would be able to speak with the Calendar Control Judge without the opposing side.

Fairfax:371af80a272ace829d106b36
|SectionProcedures for Requesting Continuances & Setting Dates
Filing RequirementsNote

Also, you do not need a cover letter for most eFiled pleadings, e.g., the Clerk’s Office does not need a cover letter asking the Court to accept your attached pleading.

Fairfax:4c1b7b16c425a3aa0ac583f9 · Jul 2024
|SectionElectronic Filing of Civil and Criminal Records
Filing RequirementsNote

No, all data indexed by filer into File and ServeXpress takes the place of Case Coversheet information.

Fairfax:4c1b7b16c425a3aa0ac583f9 · Jul 2024
|SectionElectronic Filing of Civil and Criminal Records
Filing RequirementsNote

A judge approves or denies the interpreter request; if denied, the requester must hire and pay for a Circuit Court-approved interpreter.

Court's wording

A Judge will approve or deny the request. If approved: The Interpreter Coordinator will make arrangements for an interpreter to be present at the hearing. If denied: The individual who submitted the request must make arrangements to hire and pay for an interpreter who has been approved by the Circuit Court.

Filing & Service rules

Electronic Filing Rules

The original Notice of Appeal must be filed with the trial court clerk.

Original Notice of Appeal is filed in the Clerk’s office of the trial court.

Criminal cases

Page 1 | File a Notice of Appeal

Transcripts must be filed with the trial court clerk.

Transcripts are filed in the Clerk’s office of the trial court.

Criminal cases

Page 1 | File Transcript or Written Statement of Facts

The Appendix and Opening Brief must be filed with the Court of Appeals clerk.

Filed in the Court of Appeals Clerk’s office.

Criminal cases

Page 2 | File Appendix and Opening Brief

The Petition for Appeal must be filed with the Court of Appeals clerk.

Filed in the Clerk’s office of the Court of Appeals.

Criminal cases

Page 2 | Petition for Appeal

The original Notice of Appeal must be filed in the trial court clerk’s office.

Original Notice of Appeal is filed in the clerk’s office of the trial court.

Civil cases

Page 1 | Notice of Appeal

Transcripts must be filed in the trial court clerk’s office.

Transcripts are filed in the Clerk’s Office of the trial court.

Civil cases

Page 1 | Transcript or written statement of facts

The petition for appeal must be mailed to the Clerk of the Supreme Court of Virginia.

The Petition is mailed to the Clerk of the Supreme Court of Virginia and must be accompanied by a $50.00 filing fee. Rule 5:17(c) (f).

Civil cases

Page 2 | Filing of Petition with the Supreme Court

Any bond ordered by the Supreme Court must be filed and processed in the trial court’s circuit court clerk’s office.

Any bond ordered by the Supreme Court must be filed and processed in the Circuit Court Clerk’s Office of the trial court.

Civil cases

Page 2 | Bond

Completed interpreter request forms must be submitted to the Interpreter Coordinator at Judges' Chambers Reception, Suite 501 or by email at least two weeks before the hearing.

Submit the completed forms to the Interpreter Coordinator, at Judges' Chambers Reception, Suite 501 or submit via email to CCRInterpreterRequest@FairfaxCounty.gov Please submit forms at least two (2) weeks prior to the hearing date.

Page 1 | PROCEDURES:

Using the eFiling system requires compliance with the Clerk's guidelines and acceptance of third-party portal registration terms; failure to accept them may bar access to the system.

By using the Court's eFiling system (System) you are agreeing to comply with the following operational guidelines. The guidelines established by the Clerk are in addition to any terms and conditions you may be subject to as part of the registration process on the eFiling portal, which is operated by a third party. If you do not accept those terms and conditions - as well as these guidelines - access to the Fairfax eFiling system may not be permitted.

Page 1 | Electronic Filing User Guidance and Privacy Policy (Introduction)

Electronic filing is optional and not mandatory for any court user.

eFiling is provided as a convenience to the residents of the 19th Judicial Circuit and the legal community and is not mandatory for any court user.

Page 1 | Electronic Filing User Guidance and Privacy Policy (Introduction)

To find a case for e-filing, enter its exact, complete case number, including leading zeros.

You must enter the exact and complete case number to find your case including the leading zeros in the case number.

Page 1 | Electronic Filing of Civil and Criminal Records

eFiling system users must use their actual identity, provide true and current information and keep it updated, have authority when acting for another person or entity, and consider all laws, contracts, and fiduciary duties for materials submitted.

System Users represent and warrant that they: • Are using their actual identity. • Will provide only true, accurate, current, and complete information. • Will maintain and promptly update the information provided, to ensure it remains true, accurate, current, and complete. • If accessing or using the System on behalf of another person or legal entity, represent and warrant that they have the authority to do so. • Will consider all laws, contracts, and fiduciary duties inherent in materials submitted through the system.

Page 1 | USER GUIDANCE - 1. Representation

Users of the eFiling system must acknowledge the User Guidance and Privacy Policy and Rule 1:17 of the Rules of the Supreme Court of Virginia, and accept all terms of use.

BY USING THE SYSTEM, USERS ACKNOWLEDGE AND AGREE THAT THEY HAVE READ AND UNDERSTAND THIS USER GUIDANCE, INCLUDING THE PRIVACY POLICY, AS WELL AS RULE 1:17 OF THE RULES OF THE SUPREME COURT OF VIRGINIA, AND THEY ACCEPT ALL OF TERMS OF USE.

Page 1 | Electronic Filing User Guidance and Privacy Policy (Introduction)

All e-filing System users must take the available training, and Court personnel will only assist with general inquiries, not technical, software, or hardware support.

All users shall take the training available to ensure they are using the System in the most efficient and effective manner. While Court personnel are available to assist with general inquiries about the System, they are not equipped to offer technical support or software or hardware assistance to System users.

Page 3 | 6. Training

E-filing System users must comply with all applicable statutes and court rules, and may not use the System in violation of any law, including the Fair Credit Reporting Act.

When using the System, users are responsible for complying with all applicable statutes, as well as rules and policies of the Supreme Court of Virginia and the Fairfax Circuit Court. Further, the System shall not be used in a manner contrary to, or in violation of any applicable federal, state, or local law, rule, or regulation, including and without limitation to, the Fair Credit Reporting Act (15 U.S.C.A. 1681, et seq.).

Page 3 | 2. Compliance

Calendar Control schedules hearings rather than conducting them, generally does not enter orders, and orders should be filed with the Clerk’s Office for routing to a judge as daily orders with the file.

The Calendar Control Judge schedules matters for hearings rather than conduct the hearing itself. Absent extraordinary circumstances, the Calendar Control Judge does not enter orders during Calendar Control. Orders should be filed in the Clerk’s Office for routing as a daily order, with the file, to a Judge.

Page 1 | Procedures for Requesting Continuances & Setting Dates

Oversized documents and certain other filings may be better suited for in-person submission at the courthouse.

NOTE: Oversized documents or certain other filings may be best suited for submission in-person, at the Courthouse.

Page 1 | Electronic Filing of Civil and Criminal Records

Electronic filing is optional for new and existing Civil Law cases and existing Criminal cases.

Fairfax Circuit Court offers customers the option to electronically file into new and existing Civil Law cases, and existing Criminal cases.

Page 1 | Electronic Filing of Civil and Criminal Records

Pleadings may still be filed in person, by courier, or by mail.

No. You can still file your pleadings in-person at the courthouse, by courier service or mail.

Page 1 | Electronic Filing of Civil and Criminal Records

The FSX eFiling Portal is available at all times, including holidays.

Yes. FSX eFiling Portal is available 24/7/365, including holidays.

Page 1 | Electronic Filing of Civil and Criminal Records

Using eFiling is optional for court users.

eFiling is provided as a convenience to the residents of the 19th Judicial Circuit and the legal community and is not mandatory for any court user.

Page 1 | Electronic Filing User Guidance and Privacy Policy

Physical filing at the Court during normal business hours remains available, and may be more appropriate for oversized documents or some cases.

The ability to physically file documents at the Court during normal court business hours will remain, and may be more appropriate for some cases or document types such as oversized documents.

Page 2 | 5. Physical Filing

eFiling availability is being rolled out in phases by litigation case type, with the Clerk announcing activation for each case type.

eFiling is being deployed on a phased-in schedule, by litigation case type. The Clerk will announce when eFiling is activated for specific case types as the phases progress.

Page 3 | 4. Case Types

Physical (in-person) filing remains available during normal court business hours and may be more appropriate for oversized documents.

The ability to physically file documents at the Court during normal court business hours will remain, and may be more appropriate for some cases or document types such as oversized documents.

Page 3 | 5. Physical Filing

Users may file electronically at any time the System is available.

Users may file documents electronically at any time when the System is available.

Page 3 | System Availability

The completed change-of-address form may be mailed or emailed to the listed address.

Mail Completed Form or E: mail to ccraccounting@fairfaxcounty.gov

Civil cases

Page 1 | Infant Settlement - Change of Address Form

The Circuit Court Clerk's Office may implement and manage an electronic filing process for civil and criminal cases.

It is hereby ORDERED that the Circuit Court Clerk's Office may implement and manage an electronic filing process; and will provide guidance on the scheduling, e-filer access training and procedures, and any other requirements as appropriate.

Page 1 | IN RE: ELECTRONIC FILING OF DOCUMENTS IN CIVIL AND CRIMINAL CASES

Filing Timing and Cure Windows

The praecipe must be filed by 4:00 p.m. on the Tuesday before Term Day.

NOTE: The Praecipe must be filed no later than 4:00 p.m. on the Tuesday prior to Term Day.

Civil cases

Page 1 | TERM DAY PRAECIPE

The Notice of Appeal is due 30 days after entry of final judgment or another appealable order.

Notice of Appeal is due 30 days after entry of final judgment or other appealable order

Criminal cases

Page 1 | File a Notice of Appeal

The original Notice of Appeal must be filed in the Clerk's office of the trial court.

Original Notice of Appeal is filed in the Clerk's office of the trial court. §17.1-407

Criminal cases

Page 1 | File a Notice of Appeal with the Trial Court. Rule 5A:6

Any motion for a delayed appeal must be filed in the Court of Appeals, not the trial court.

Any motion for a delayed appeal must be filed in the Court of Appeals. §19.2-321.1

Criminal cases

Page 1 | File a Notice of Appeal with the Trial Court. Rule 5A:6

The transcript is due 60 days after entry of the judgment or other appealable order.

Transcript is due 60 days after entry of judgment or other appealable order.

Criminal cases

Page 1 | File Transcript or Written Statement of Facts. Rule 5A:8

A Written Statement of Facts filed in lieu of a transcript must be filed in the trial court clerk's office within 55 days after entry of the judgment appealed.

Written Statement of Facts is filed in lieu of transcript and must be filed in the office of the clerk of the trial court within 55 days after entry of judgment appealed. Rule 5A:8(c)

Criminal cases

Page 1 | File Transcript or Written Statement of Facts. Rule 5A:8

The Notice of Appeal must be filed within 30 days after entry of the final judgment or other appealable order.

Notice of Appeal is due 30 days after entry of final judgment or other appealable order §8.01-675.3

Criminal cases

Page 1 | File a Notice of Appeal with the Trial Court. Rule 5A:6

The transcript is due 60 days after entry of judgment or another appealable order.

Transcript is due 60 days after entry of judgment or other appealable order.

Criminal cases

Page 1 | File Transcript or Written Statement of Facts

A Written Statement of Facts filed instead of a transcript must be filed with the trial court clerk within 55 days after entry of the appealed judgment.

Written Statement of Facts is filed in lieu of transcript and must be filed in the office of the clerk of the trial court within 55 days after entry of judgment appealed.

Criminal cases

Page 1 | File Transcript or Written Statement of Facts

The appendix and opening brief are due 40 days after the certificate of appeal from the Court of Appeals.

Due 40 days after the certificate of appeal from the Court of Appeals.

Criminal cases

Page 2 | File Appendix and Opening Brief. Rules 5A:19, 20 & 25

The Petition for Appeal is due 40 days after the record is filed with the clerk of the Court of Appeals.

Due 40 days after record is filed with the clerk of the Court of Appeals. §17.1-408

Criminal cases

Page 2 | Petition for Appeal. Rule 5A:12; §17.1-406

The Petition for Appeal is due 40 days after the record is filed with the Court of Appeals clerk.

Due 40 days after record is filed with the clerk of the Court of Appeals. §17.1-408

Criminal cases

Page 2 | Petition for Appeal

The Petition for Appeal must be filed in the Clerk's office of the Court of Appeals.

Filed in the Clerk's office of the Court of Appeals.

Criminal cases

Page 2 | Petition for Appeal. Rule 5A:12; §17.1-406

The appellee’s brief is due 25 days after the opening brief is filed.

Appellee’s brief is due 25 days after the opening brief is filed.

Criminal cases

Page 2 | Appellee’s brief

The Appendix and Opening Brief are due 40 days after the Court of Appeals issues the certificate of appeal.

Due 40 days after the certificate of appeal from the Court of Appeals.

Criminal cases

Page 2 | File Appendix and Opening Brief

The appellee's brief is due 25 days after the opening brief is filed.

Appellee's brief is due 25 days after the opening brief is filed.

Criminal cases

Page 2

A written statement of facts filed in lieu of a transcript must be filed with the trial court clerk within 55 days after entry of the appealed judgment.

Written Statement of Facts: (in lieu of transcript) must be filed in the office of the clerk of the trial court within 55 days after entry of judgment appealed.

Civil cases

Page 1 | Transcript or written statement of facts

The trial court clerk must send the record to the Supreme Court within three months after entry of the appealed judgment.

Clerk of the trial court sends trial court record to the Supreme Court, within three (3) months after the date of entry of the judgment appealed from in accordance with Rule 5:13.

Civil cases

Page 1 | Preparation and Transmission of Record

The Notice of Appeal is due within 30 days after entry of the final judgment or other appealable order or decree.

Due 30 days after entry of final judgment or other appealable order or decree.

Civil cases

Page 1 | Notice of Appeal

The transcript is due within 60 days after entry of the final judgment.

Transcript due 60 days after entry of final judgment.

Civil cases

Page 1 | Transcript or written statement of facts

A copy of the written notice of transcript filing must be filed with the trial court within 10 days after the transcript is filed.

Within 10 days of filing the transcript with the trial court written notice must be sent to all counsel or parties of the date on which the transcript was filed and file a copy of the said notice with the trial court.

Civil cases

Page 1 | Transcript or written statement of facts

The appealing party or attorney must file the petition for appeal in the Supreme Court within three months after judgment is entered in the trial court.

Within three (3) months after judgment is entered in the trial court, the appealing party or his attorney must file a petition for appeal in the Supreme Court of Virginia. Rule 5:17.

Civil cases

Page 2 | Filing of Petition with the Supreme Court

The transcript is due within 60 days after entry of final judgment.

• Transcript due 60 days after entry of final judgment.

Civil cases

Page 1 | File Transcript or Written Statement of Facts

The transcript must be filed within 60 days after entry of final judgment.

Transcript due 60 days after entry of final judgment.

Civil cases

Page 1 | 3. File Transcript or Written Statement of Facts. Rule 5A:8

A written statement of facts (in lieu of a transcript) must be filed in the trial court clerk's office within 60 days after entry of the judgment appealed.

Written Statement of Facts: (in lieu of transcript) must be filed in the office of the Clerk of the trial court within 60 days after entry of judgment appealed.

Civil cases

Page 1 | 3. File Transcript or Written Statement of Facts. Rule 5A:8

A written statement of facts in lieu of a transcript must be filed with the trial court clerk within 60 days after entry of the judgment appealed.

Written Statement of Facts: (in lieu of transcript) must be filed in the office of the Clerk of the trial court within 60 days after entry of judgment appealed.

Civil cases

Page 1 | File Transcript or Written Statement of Facts

The Notice of Appeal is due within 30 days after entry of the final judgment or other appealable order or decree.

Due 30 days after entry of final judgment or other appealable order or decree.

Civil cases

Page 1 | File a Notice of Appeal

The bond for costs is due when the Notice of Appeal is filed.

Due when the Notice of Appeal is filed.

Civil cases

Page 1 | File a bond for costs

Notice of appeal must be filed in the trial court clerk's office within 30 days after entry of final judgment.

File a Notice of Appeal with the trial court. Rule 5A:6 Due 30 days after entry of final judgment or other appealable order or decree. Original Notice of Appeal is filed in the Clerk's Office of the trial court

Civil cases

Page 1 | 1. File a Notice of Appeal with the trial court. Rule 5A:6

The appendix and opening brief are due 40 days after the circuit court record is filed; seven copies must be filed and three copies sent to opposing counsel.

File appendix and opening brief. Rules 5A:19, 20 & 25 Due 40 days after circuit court record filed. Filed in the Court of Appeals clerk's office. Seven (7) copies must be filed; three (3) copies must be sent to opposing counsel.

Civil cases

Page 2 | 6. File appendix and opening brief. Rules 5A:19, 20 & 25

The appellant must file a statement of questions presented and designation of appendix contents within 15 days after the trial court record is filed, in the Court of Appeals clerk's office.

Appellant to file statement of questions presented and designation of contents of appendix. Rule 5A:25 Due no later than 15 days after trial court record filed Filed in Court of Appeals clerk's office

Civil cases

Page 2 | 5. Appellant to file statement of questions presented and designation of contents of appendix. Rule 5A:25

The appendix and opening brief are due 40 days after the circuit court record is filed.

• Due 40 days after circuit court record filed.

Civil cases

Page 2 | File appendix and opening brief

The statement of questions presented and designation of appendix contents are due no later than 15 days after the trial court record is filed.

• Due no later than 15 days after trial court record filed

Civil cases

Page 2 | Appellant to file statement of questions presented and designation of contents of appendix

The electronic submission date and time reported by the System are considered the documents’ filing date and time.

The date and time of the electronic submission, as reported by the System, will be considered the filing date and time of the document(s).

Page 2 | 7. Date and Time Stamp

Electronic submissions remain subject to clerk review and may be rejected; submission confirmation does not mean the court has accepted the filing.

DOCUMENTS SUBMITTED ELECTRONICALLY REMAIN SUBJECT TO “CLERK REVIEW” AND MAY BE REJECTED FOR DEFECTS. CONFIRMATION OF AN ELECTRONIC SUBMISSION DOES NOT CONSITUTE ACCEPTANCE BY THE COURT.

Page 3

The filing date and time of an electronically filed document is the date and time of electronic submission as reported by the System.

The date and time of the electronic submission, as reported by the System, will be considered the filing date and time of the document(s).

Page 3 | 7. Date and Time Stamp

Confirmation of an electronic submission does not constitute acceptance by the court; documents remain subject to clerk review and may be rejected for defects.

CONFIRMATION OF AN ELECTRONIC SUBMISSION DOES NOT CONSITUTE ACCEPTANCE BY THE COURT.

Page 5 | 9. Clerk Review of Documents Filed Electronically

A written Notice of Appeal must be filed in the Clerk’s Office within 30 calendar days after entry of the final judgment or appealable order and must identify the order’s date and the appellate court.

It must be in writing. • It must be filed in the Clerk’s Office within 30 calendar days from the date the final judgment or other appealable order was entered. • The Notice of Appeal must clearly state: o The date of the order being appealed, and o Which court you are appealing to (the Court of Appeals or the Supreme Court).

Page 1 | GENERAL APPEAL PROCEDURES

Submit the completed form to Chambers as a printed original or by email no later than noon on the day before the hearing.

The Calendar Control Order Form must be submitted to Judges Chambers, either by dropping off the original, printed form, or by emailing the form to Judges Chambers at CCRCalendarControlNotice@fairfaxcounty.gov. The completed form must be submitted no later than noon the day prior to the Calendar Control hearing.

Page 1 | Procedures for Requesting Continuances & Setting Dates

Transcripts must be filed in the Clerk's office of the trial court.

Transcripts are filed in the Clerk's office of the trial court.

Criminal cases

Page 1 | File Transcript or Written Statement of Facts. Rule 5A:8

The appendix and opening brief must be filed in the Court of Appeals Clerk's office.

Filed in the Court of Appeals Clerk's office.

Criminal cases

Page 2 | File Appendix and Opening Brief. Rules 5A:19, 20 & 25

The Clerk’s Office reviews e-filings from 8 a.m. to 4 p.m., Monday through Friday.

NOTE: The Clerk’s Office still observes the 8am-4pm Monday through Friday schedule, and the clerk review of your eFiling will occur during those hours.

Page 1 | Electronic Filing of Civil and Criminal Records

Service and Proof of Service Rules

If the opposing party’s or attorney’s signature cannot be obtained, the order must include a certification that a true and correct copy was delivered to the party or counsel by certified mail.

I certify that a true and correct copy of the foregoing Order has been delivered, by Certified Mail, to the ________________ (name of Party or Counsel), at his/her address on this ________ day of ______________, 20___. (NOTE – THIS IS NECESSARY IF SIGNATURE OF THE OPPOSING PARTY OR HIS/HER ATTORNEY CANNOT BE ACQUIRED.)

Civil cases

Page 2 | Certification of Service

The praecipe certifies that a copy was mailed or delivered to counsel of record and served on any unrepresented parties.

I also certify that on the ________ day of ____________________________, ________. I mailed or delivered a true copy of the foregoing praecipe to all counsel of record herein pursuant to the provisions of Rule 1:12 of the Rule of the Supreme Court of Virginia, and served a true copy upon parties not represented by counsel, if any.

Civil cases

Page 1 | TERM DAY PRAECIPE

Within 10 days of filing the transcript with the trial court, appellant's counsel must send written notice of the filing date to all parties and file a copy of that notice with the trial court.

Within 10 days of filing the transcript with the trial court counsel for the appellant must send written notice to all parties, of the date on which the transcript was filed and file a copy of the said notice with the trial court.

Criminal cases

Page 1 | File Transcript or Written Statement of Facts. Rule 5A:8

A copy of the Notice of Appeal must be mailed or delivered to opposing counsel and the Court of Appeals clerk.

Copy of Notice of Appeal is mailed or delivered to all opposing counsel and the Clerk of the Court of Appeals.

Criminal cases

Page 1 | File a Notice of Appeal

Within 10 days after filing the transcript, appellant’s counsel must notify all parties in writing of the filing date and file a copy of the notice with the trial court.

Within 10 days of filing the transcript with the trial court counsel for the appellant must send written notice to all parties, of the date on which the transcript was filed and file a copy of the said notice with the trial court.

Criminal cases

Page 1 | File Transcript or Written Statement of Facts

A copy of every filed document must be sent to opposing counsel.

Copies of all documents filed must be sent to opposing counsel. Rule 5A:1(b)(10).

Criminal cases

Page 2 | Note

Within 10 days after filing the transcript, written notice of its filing date must be sent to all counsel or parties, and a copy filed with the trial court.

Within 10 days of filing the transcript with the trial court written notice must be sent to all counsel or parties of the date on which the transcript was filed and file a copy of the said notice with the trial court.

Civil cases

Page 1 | Transcript or written statement of facts

A copy of the Notice of Appeal must be mailed or delivered to all opposing counsel.

Copy of Notice of Appeal is mailed or delivered to all opposing counsel.

Civil cases

Page 1 | Notice of Appeal

A true and correct copy of the Order must be delivered to the party or counsel by certified mail, with the date of delivery certified.

I certify that a true and correct copy of the foregoing Order has been delivered, by Certified Mail, to the (Name of Party or Counsel) , at his/her address on this day of , 20 .

Civil cases

Page 2 | Certification of Service

Local counsel must file proof of service on all parties.

Proof of Service on all parties

Page 1 | Admission of an Out-of-State Attorney Pro Hac Vice

Within 10 days after filing the transcript with the trial court, written notice of the filing date must be sent to all counsel or parties, and a copy of the notice must be filed with the trial court.

Within 10 days of filing the transcript with the trial court written notice must be sent to all counsel or parties of the date on which the transcript was filed and file a copy of the said notice with the trial court.

Civil cases

Page 1 | File Transcript or Written Statement of Facts

A copy of the Notice of Appeal must be mailed or delivered to all opposing counsel and the Court of Appeals clerk.

• Copy of Notice of Appeal is mailed or delivered to all opposing counsel and the Clerk of the Court of Appeals.

Civil cases

Page 1 | File a Notice of Appeal

Within 10 days of filing the transcript, written notice of the filing date must be sent to all counsel or parties and a copy filed with the trial court.

Within 10 days of filing the transcript with the trial court written notice must be sent to all counsel or parties of the date on which the transcript was filed and file a copy of the said notice with the trial court.

Civil cases

Page 1 | 3. File Transcript or Written Statement of Facts. Rule 5A:8

A copy of the notice of appeal must be mailed or delivered to all opposing counsel and the Clerk of the Court of Appeals.

Copy of Notice of Appeal is mailed or delivered to all opposing counsel and the Clerk of the Court of Appeals.

Civil cases

Page 1 | 1. File a Notice of Appeal with the trial court. Rule 5A:6

Copies of all documents filed must be sent to opposing counsel.

Copies of all documents filed must be sent to opposing counsel. Rule 5A:1(b)(10).

Civil cases

Page 2 | General requirements

A copy of every filed document must be sent to opposing counsel.

Copies of all documents filed must be sent to opposing counsel.

Civil cases

Page 2 | General

The certificate states that a copy of the Notice was hand delivered to the recipient.

I certify that I have hand delivered a copy of this Notice to __________________________, on this _____ day of ________________, 20____.

Civil cases

Page 1 | CERTIFICATE OF SERVICE

E-filing users are solely responsible for determining whether a case document must be served on another party rather than merely filed into the case record.

FURTHERMORE, IT IS SOLELY THE USER'S RESPONSIBILITY TO DETERMINE IF A CASE DOCUMENT MUST BE SERVED ON ANOTHER PARTY TO THE MATTER, AS OPPOSED TO SIMPLY FILED INTO THE CASE RECORD.

Page 7 | 15. Case Status

A copy of the Notice of Appeal must be mailed or delivered to all opposing counsel and to the Clerk of the Court of Appeals.

Copy of Notice of Appeal is mailed or delivered to all opposing counsel and the Clerk of the Court of Appeals.

Criminal cases

Page 1 | File a Notice of Appeal with the Trial Court. Rule 5A:6

Three copies of the appendix and opening brief must be sent to opposing counsel.

Seven (7) copies must be filed; three (3) copies must be sent to opposing counsel.

Criminal cases

Page 2 | File Appendix and Opening Brief. Rules 5A:19, 20 & 25

Copies of all documents filed must be sent to opposing counsel.

Copies of all documents filed must be sent to opposing counsel. Rule 5A:1(b)(10).

Criminal cases

Page 2

Counsel seeking a trial date should file and serve a Term Day Praecipe to place the case on the Term Day docket.

Counsel desiring to set a trial date should file and serve a Term Day Praecipe placing the case on the Term Day docket.

Civil cases

Page 1 | Civil Term Day

The certification states that a true and correct copy of the order was delivered to the party or counsel by certified mail.

I certify that a true and correct copy of the foregoing Order has been delivered, by Certified Mail, to the ________________ (name of Party or Counsel), at his/her address on this ____ day of , 20 .

Civil cases

Page 2 | Certification of Service

Proof of notice to the opposing side should be emailed to CCRCalendarControlNotice@fairfaxcounty.gov.

Proof of notice to the opposing side should be emailed to CCRCalendarControlNotice@fairfaxcounty.gov.

Page 1 | Procedures for Requesting Continuances & Setting Dates

The FSX eFiling Portal Service feature can be used to meet notice requirements to the opposing party.

You can meet your Notice requirements to the opposing party with the FSX eFiling Portal Service feature.

Page 1 | Electronic Filing of Civil and Criminal Records

Filing Fees and Waivers

A $50 filing fee accompanies the Notice of Appeal copy sent to the Court of Appeals clerk, payable by cash, check, or money order, with an exception for indigent appellants and those represented by appointed counsel.

The copy of the Notice of Appeal mailed to the Clerk of the Court of Appeals must be accompanied by a $50.00 filing fee. (§17.1-418 & Rule 5A:6(c)), payable by cash, check or money order. Make checks and money orders payable to the Court of Appeals of Virginia. One who has been determined by the trial court to be indigent or who is represented by appointed counsel is excused from paying the fees.

Criminal cases

Page 1 | File a Notice of Appeal

A $50.00 filing fee payable by cash, check, or money order must accompany the copy of the Notice of Appeal mailed to the Court of Appeals Clerk, with indigents determined by the trial court and persons represented by appointed counsel excused from paying.

The copy of the Notice of Appeal mailed to the Clerk of the Court of Appeals must be accompanied by a $50.00 filing fee. (§17.1-418 & Rule 5A:6(c)), payable by cash, check or money order. Make checks and money orders payable to the Court of Appeals of Virginia. One who has been determined by the trial court to be indigent or who is represented by appointed counsel is excused from paying the fees.

Criminal cases

Page 1 | File a Notice of Appeal with the Trial Court. Rule 5A:6

The petition must be mailed to the Supreme Court clerk with a $50 filing fee.

The Petition is mailed to the Clerk of the Supreme Court of Virginia and must be accompanied by a $50.00 filing fee. Rule 5:17(c) (f).

Civil cases

Page 2 | Filing of Petition with the Supreme Court

The admission/application fee is $250, payable by check to the Virginia Supreme Court.

Admission/Application Fee: $250.00 (check made payable to the Virginia Supreme Court)

Page 1 | Admission of an Out-of-State Attorney Pro Hac Vice

A non-refundable $250 application fee is required for each pro hac vice admission sought and must be submitted with the application to Circuit Court, payable to the Virginia Supreme Court.

A non-refundable application fee of $250.00 for each pro hac vice admission sought. Submit fees with application to Circuit Court, but payable to the Virginia Supreme Court.

Page 1 | Admission of an Out-of-State Attorney Pro Hac Vice

A $50.00 filing fee must accompany the copy of the Notice of Appeal sent to the Court of Appeals clerk.

The copy of the Notice of Appeal mailed to the Clerk of the Court of Appeals must be accompanied by a $50.00 filing fee.

Civil cases

Page 1 | File a Notice of Appeal

A $500.00 bond for costs is due when the notice of appeal is filed, filed in the trial court clerk's office, unless reduced by the Circuit Court or waived for indigent appellants.

File a bond for costs. Virginia Code §8.01-676.1 Due when the Notice of Appeal is filed. Filed in the Clerk's Office of the trial court. Amount of the bond is $500.00 unless reduced by the Circuit Court. Bond may be waived if appellant is determined to be indigent.

Civil cases

Page 1 | 2. File a bond for costs. Virginia Code §8.01-676.1

A $50.00 filing fee must accompany the copy of the notice of appeal sent to the Clerk of the Court of Appeals.

The copy of the Notice of Appeal mailed to the Clerk of the Court of Appeals must be accompanied by a $50.00 filing fee.

Civil cases

Page 1 | 1. File a Notice of Appeal with the trial court. Rule 5A:6

The Clerk of Court may immediately terminate a user's e-filing System access, including for failure to pay required fees or noncompliance with the guidance.

The Clerk of Court has the right to immediately terminate use of the System for: • Noncompliance with this guidance; • Failure to pay required fees; • For any lawful reason; or • Discontinuance of the system

Page 7 | 16. Termination

A $20 filing fee must be paid when filing a Notice of Appeal in a civil case.

A filing fee must be paid when you file the Notice of Appeal in all civil cases. • Civil cases: $20.00 filing fee

Page 1 | FILING FEES

The e-filing fee is $6 per transaction and the e-service fee is $3.60 per transaction, not per document.

No. The $6 fee for eFiling and $3.60 fee for eService is per transaction, not per document.

Page 1 | Electronic Filing of Civil and Criminal Records

Contact the Supreme Court for methods of payment.

Contact the Supreme Court for methods of payment.

Civil cases

Page 2 | Filing of Petition with the Supreme Court

The bond is $500 unless reduced by the Circuit Court, and it may be waived if the appellant is determined to be indigent.

• Amount of the bond is $500.00 unless reduced by the Circuit Court. • Bond may be waived if appellant is determined to be indigent.

Civil cases

Page 1 | File a bond for costs

The Court accepts cash, credit card with a 4% surcharge, certified check, and money order; checks and money orders must be payable to the Clerk of the Circuit Court, and personal checks are not accepted.

The Court accepts: • Cash • Credit card (with a 4% surcharge fee) • Certified check • Money order All checks or money orders must be made payable to: Clerk of the Circuit Court 4110 Chain Bridge Road Fairfax, VA 22030 Attn: Appeals Clerk Personal checks are not accepted.

Page 1 | FILING FEES

The FSX service described is optional and costs $2 per transaction.

This is an optional FSX service; the fee is $2 per transaction.

Page 1 | Electronic Filing of Civil and Criminal Records

The filing fee for a Notice of Appeal in a criminal case is $0.00.

A filing fee must be paid when you file the Notice of Appeal in all civil cases. Civil cases: $20.00 filing fee Criminal cases: $0.00 filing fee

Page 1 | FILING FEES

Sealing & Redaction Procedures

Attorneys must properly request sealing where appropriate and designate documents as sealed; the Clerk’s Office also has obligations when a case is sealed by law or court order.

While attorneys have the obligation to properly ask for seal (where appropriate) and must designate the documents as “Sealed”, once filed, the Clerk’s Office has our own obligation to the litigants if their case is sealed by the Code of Virginia or by Court Order.

Page 1 | Electronic Filing of Civil and Criminal Records

A court order or a case type granted confidential status by Virginia law authorizes the filer to designate uploaded documents as sealed using the “sealed, electronic” option.

Yes, if you have a Court Order, or if the case is a case-type that earns confidential status by the Code of Virginia, you have legal authority to designate each document you upload as "sealed." You should select the “sealed, electronic” option under the Access section for each document you add to your filing.

Page 1 | Electronic Filing of Civil and Criminal Records

Before an order is entered, the beneficiary or representative must file an identity affidavit, which the court maintains under seal and uses only for financial management and reporting.

Prior to an entry of an Order, the beneficiary or representative shall file an Affidavit of Identity of a Trust Fund Beneficiary with the court. Such Affidavit is to be maintained under seal by the court, and the information shall be used solely for the purposes of financial management and reporting.

Page 1 | Trust Funds

An e-filer may mark documents as sealed, and the Clerk’s Office assesses that designation during review.

Yes. As the eFiler, you have the ability to mark your eFiled documents as “sealed”. The Clerk’s Office will have the ability to assess the sealed designation during its Clerk Review.

Page 1 | Electronic Filing of Civil and Criminal Records

Filing Bundling Requirements

When funds are divided among multiple parties, the disbursement of all funds held must be addressed in one order.

If funds held are being split between multiple parties, insure that all funds held are disbursed in one order.

Page 1 | Disbursement of Funds

Pre-Motion Conference Requirements

Calendar Control hears continuance requests, requests to set a particular hearing date, and true emergencies; other motions should be noticed for Friday motions day and will not be heard there if they can and should be noticed for that docket.

The Calendar Control Judge hears requests for continuances, date certain for particular hearings and true emergency matters. Other motions should be noticed for a Friday motions day and should not be presented in the limited time available to the Calendar Control Judge each morning. The Calendar Control Judge will not entertain motions that can and should be noticed for a Friday Motions Docket.

Page 1 | Procedures for Requesting Continuances & Setting Dates

Adjournment & Extension Requirements

An extension of time to file a transcript requires approval by the Court of Appeals of Virginia.

Extension of time to file a transcript must be approved by the Court of Appeals of Virginia.

Criminal cases

Page 1 | File Transcript or Written Statement of Facts

If the opposing side is not cooperative, the moving party must give written notice 24 hours beforehand stating the call date and time and reason for the appearance.

If the opposing side is not cooperative, twenty-four hours written notice must be sent to the opposing side stating what date and time the moving party will be calling into Calendar Control and the reason for the Calendar Control appearance.

Page 1 | Procedures for Requesting Continuances & Setting Dates

Requests to continue a trial or set a date certain for a motion or other hearing must go to the Calendar Control Judge.

All requests for continuance of a trial or for the setting of a date certain for a motion or other hearing must be directed to the Calendar Control Judge.

Page 1 | Procedures for Requesting Continuances & Setting Dates

A continuance of a set civil trial date will be granted only for good cause.

The Judges of the Fairfax Circuit Court believe that the maintenance of strict calendar control leads to a more expeditious and efficient administration of justice. As a result, once a case has been set for trial, a continuance of that trial date will be granted only for good cause.

Page 1 | Continuance in a Civil Case

Before calling Calendar Control to request a continuance, the requesting party must arrange a conference call with the opposing side.

The party requesting the continuance must make arrangements with the opposing side to be on a conference call prior to calling into Calendar Control.

Page 1 | Procedures for Requesting Continuances & Setting Dates

Endorsements and having only one attorney call do not improve the chance of a continuance; it is granted only for good cause shown.

The fact that all counsel of record and/or pro se parties have endorsed the form and that only one attorney is calling in does not in any way improve the chance that the continuance will be granted. The continuance will only be granted for good cause shown.

Page 1 | Procedures for Requesting Continuances & Setting Dates

A criminal continuance motion is not docketed; the requesting party must arrange to see the Calendar Control Judge.

Motions for continuance in a criminal case are not placed on the docket. The party requesting the continuance must make arrangements to see the Calendar Control Judge.

Page 1 | Continuance in a Criminal Case

An extension of time to file a transcript must be approved by the Court of Appeals of Virginia.

Extension of time to file a transcript must be approved by the Court of Appeals of Virginia. Rule 5A:3(b), 5A:8(a); Ref: Jordan vs. Price, 3 VA. App.672, 353 S.E.2d 168 (1987)

Criminal cases

Page 1 | File Transcript or Written Statement of Facts. Rule 5A:8

A Supreme Court judge may extend the transcript filing deadline for good cause on a motion filed within 60 days after entry of final judgment.

Extension of time to file a transcript – A judge of the Supreme Court upon a motion filed within 60 days after entry of the final judgment may extend this time for good cause shown. Rule 5:5(a).

Civil cases

Page 1 | Transcript or written statement of facts

A Court of Appeals judge may extend the transcript filing deadline for good cause on a motion filed within 60 days after entry of final judgment.

Extension of time to file a transcript – A judge of the Court of Appeals upon a motion filed within 60 days after entry of the final judgment may extend this time for good cause shown.

Civil cases

Page 1 | File Transcript or Written Statement of Facts

A Court of Appeals judge may extend the transcript filing deadline for good cause on a motion filed within 60 days after final judgment.

Extension of time to file a transcript – A judge of the Court of Appeals upon a motion filed within 60 days after entry of the final judgment may extend this time for good cause shown. Rule 5A:8(a)

Civil cases

Page 1 | 3. File Transcript or Written Statement of Facts. Rule 5A:8

Cases seeking a first trial date receive priority for available dates over cases being continued and rescheduled.

Priority for available court dates is given to cases that are being scheduled for trial for the first time over cases which are being continued and rescheduled for hearing by the Calendar Control Judge.

Page 1 | Availability of Dates

Chambers Communication Rules

For an American Sign Language (ASL) interpreter or CART only, contact the Interpreter Coordinator directly at (703) 246-2221 or CCRInterpreterRequest@FairfaxCounty.gov Requests for an American Sign Language (ASL) interpreter or CART should be made at least three (3) weeks in advance of the hearing date.

For an American Sign Language (ASL) interpreter or CART only, contact the Interpreter Coordinator directly at (703) 246-2221 or CCRInterpreterRequest@FairfaxCounty.gov Requests for an American Sign Language (ASL) interpreter or CART should be made at least three (3) weeks in advance of the hearing date.

Page 1 | PROCEDURES FOR REQUESTING A COURT APPOINTED INTERPRETER FOR A CIVIL PROCEEDING IN CIRCUIT COURT

If you previously had an interpreter appointed by a lower court or are represented by counsel, you must contact the Interpreter Coordinator at (703) 246-2221 to arrange an interpreter at least two weeks before the hearing.

it is the responsibility of you or your counsel to notify the Interpreter Coordinator at (703) 246-2221 to arrange for an interpreter to be present at your hearing. Requests for interpreters should be made at least two (2) weeks prior to the hearing date.

Page 1 | PROCEDURES FOR REQUESTING A COURT APPOINTED INTERPRETER FOR A CIVIL PROCEEDING IN CIRCUIT COURT

For a telephonic appearance on a continuance request or emergency matter, callers must call Chambers by 8:45 a.m.; judges are available from 8:30 a.m. on weekdays except holidays.

The Calendar Control Judges are available beginning at 8:30 a.m. each morning (Monday through Friday except for holidays) to hear continuance requests and emergency matters. Anybody wishing to appear (telephonically) before the Calendar Control Judge must call Judges' Chambers by 8:45 a.m.

Page 1 | Calendar Control Time Availability

Contact Court of Appeals for cover and binding requirements.

Contact Court of Appeals for cover and binding requirements.

Criminal cases

Page 2 | File Appendix and Opening Brief

Use a letter or praecipe, not the less-formal Note to Clerk function, for formal requests such as changing firm or email addresses.

No, the Note to Clerk function is less formal a request than a praecipe. For formal requests, like changing a firm address or changing an email address, please use our normal practice of sending a letter or praecipe.

Page 1 | Electronic Filing of Civil and Criminal Records

Do not use the Note to Clerk function to request a system-level change in contact information.

The Note to Clerk function would be the wrong method for seeking a system-level change in contact information.

Page 1 | Electronic Filing of Civil and Criminal Records

An e-filer who discovers that a filing was submitted without the proper sealed designation may promptly call the office.

An eFiler who discovers they submitted without the proper "Sealed" designation, can promptly call our office at 703-246-4111.

Page 1 | Electronic Filing of Civil and Criminal Records

If you previously had an interpreter appointed by a lower Court, or if you are represented by counsel, it is the responsibility of you or your counsel to notify the Interpreter Coordinator at (703) 246-2221 to arrange for an interpreter to be present at your hearing.

If you previously had an interpreter appointed by a lower Court, or if you are represented by counsel, it is the responsibility of you or your counsel to notify the Interpreter Coordinator at (703) 246-2221 to arrange for an interpreter to be present at your hearing.

Page 1 | PROCEDURES FOR REQUESTING A COURT APPOINTED INTERPRETER FOR A CIVIL PROCEEDING IN CIRCUIT COURT

Requests for an ASL interpreter or CART may be made directly to the Interpreter Coordinator by phone or email.

For an American Sign Language (ASL) interpreter or CART only, contact the Interpreter Coordinator directly at (703) 246-2221 or CCRInterpreterRequest@FairfaxCounty.gov

Page 1 | PROCEDURES FOR REQUESTING A COURT APPOINTED INTERPRETER FOR A CIVIL PROCEEDING IN CIRCUIT COURT

Parties must contact the Court of Appeals to learn cover and binding requirements for the appendix and brief.

Contact Court of Appeals for cover and binding requirements.

Civil cases

Page 2 | 6. File appendix and opening brief. Rules 5A:19, 20 & 25

Clerk’s Office staff may answer filing-procedure questions but cannot provide legal advice or advise how to handle an appeal.

The staff in the Clerk’s Office cannot give legal advice and cannot tell anyone how to handle an appeal. They may answer questions about filing procedures, but they cannot explain the law or help you decide what to do.

Page 3 | Important Notice About Legal Advice

Initial trial dates may be scheduled by appearing at Civil Term Day or through OSS, which is available only to Virginia attorneys.

Initial trial dates may only be scheduled by: Appearing at Civil Term Day – Notices for Civil Term Day will be mailed to all counsel and parties to a case. If you have not received a notice and would like to schedule a matter for Civil Term Day, please see the following link for information on Civil Term Day: Civil Term Day Info Through the Online Scheduling System (OSS) using the following link: OSS Info. Please note that OSS is only available to Virginia attorneys.

Page 1 | Calendar Control Updates

The requesting party must arrange the conference call among the parties and the Calendar Control Judge; Chambers will not arrange it, and the listed number is for Calendar Control.

It is the responsibility of the party requesting the continuance to arrange the conference call between themselves, the opposing side, and the Calendar Control Judge. Judges' Chambers cannot set-up the conference call for Calendar Control. The telephone number for Calendar Control is 703-246-2221.

Page 1 | Procedures for Requesting Continuances & Setting Dates

Calendar Control matters are handled by telephone, and questions may be directed to Judges’ Chambers at the listed number.

Calendar Control is only handled telephonically. If you have any questions concerning Calendar Control, please contact Judges’ Chambers at 703-246-2221.

Page 1 | Calendar Control Updates

If Grand Jury falls during a mandatory judicial conference, contact the Clerk's Office for the actual Grand Jury and Term Day dates.

Should Grand Jury fall during a mandatory judicial conference (usually in May), please contact the Clerk's Office for actual Grand Jury and Term Day dates. (703) 691-7320

Criminal cases

Page 1 | Overview

The Note to Clerk section is a means of communicating with the Clerk’s Office.

The Note to Clerk section allows you to communicate with the Clerk’s Office just as if you were standing at our counter.

Page 1 | Electronic Filing of Civil and Criminal Records

Use the “Note to Clerk” function in File and ServeXpress to communicate with Circuit Court staff.

If you need to communicate with Circuit Court staff, use the “Note to Clerk” function within the Review and Submit tab in File and ServeXpress.

Page 1 | Electronic Filing of Civil and Criminal Records

Copies of the forms are available in Judges’ Chambers, Suite 501, or may be requested by email with the subject attention directed to Form Request.

Please note: Copies of these forms are available in Judges’ Chambers, Suite 501 or may be requested by sending an email to CCRInterpreterRequest@FairfaxCounty.gov Attn: Form Request.

Page 1 | PROCEDURES

Interpreter request forms are available in Judges' Chambers, Suite 501, or by email request to CCRInterpreterRequest@FairfaxCounty.gov (Attn: Form Request).

Copies of these forms are available in Judges' Chambers, Suite 501 or may be requested by sending an email to CCRInterpreterRequest@FairfaxCounty.gov Attn: Form Request.

Page 1 | PROCEDURES:

Parties receiving interest must contact Accounting to learn the amount earned because the Clerk’s Office does not generate account statements.

The Clerk's Office will not generate statements of account. If the parties receiving interest would like to know the amount of interest earned on their account, they must Contact Accounting.

Page 1 | Interest Accrual

Questions about Calendar Control may be directed to Judges’ Chambers at the listed telephone number.

If you have any questions relating to Calendar Control, you may contact Judges' Chambers at 703-246-2221.

Page 1 | Forms

About Judicial Officer Fairfax County Circuit Court

The Fairfax County Circuit Court is Virginia's trial court of general jurisdiction for Fairfax County and Fairfax City. It handles a wide range of civil and criminal matters.

Practitioners will find procedures on criminal term days, appeals, e-filing and privacy, accounting, interpreter requests, sample payment orders, calendar control, and the electronic filing system.

Common questions about Fairfax County Circuit Court rules

Does Fairfax County Circuit Court require a pre-motion conference or letter before filing a motion?

Calendar Control hears continuance requests, requests to set a particular hearing date, and true emergencies; other motions should be noticed for Friday motions day and will not be heard there if they can and should be noticed for that docket.

View ruleSource: page 1, section Procedures for Requesting Continuances & Setting Dates

What formatting rules apply to filings in Fairfax County Circuit Court?

Fairfax County Circuit Court's formatting rule includes documents may also be uploaded in word format through the fsx portal for e-submission.. Pleadings and other documents may be uploaded in Word or PDF through the FSX portal for electronic submission.

View ruleSource: page 1, section Electronic Filing of Civil and Criminal Records

What must be included with petition for appointment of guardian and or conservator filings in Fairfax County Circuit Court?

Beginning July 1, 2024, State form CC-1640 is required when filing a Petition for Appointment of Guardian and/or Conservator.

View ruleSource: page 1, section Electronic Filing of Civil and Criminal Records

What must be included with civil interpreter request filings in Fairfax County Circuit Court?

A civil court-appointed interpreter request includes CCR Form A-310 and State Form CC-1414.

View ruleSource: page 1, section Procedures for Requesting a Court Appointed Interpreter for Civil Proceedings

How may parties contact Fairfax County Circuit Court?

The rule lists phone (703) 246-2221. If you previously had an interpreter appointed by a lower court or are represented by counsel, you must contact the Interpreter Coordinator at (703) 246-2221 to arrange an interpreter at least two weeks before the hearing.

View ruleSource: page 1, section PROCEDURES FOR REQUESTING A COURT APPOINTED INTERPRETER FOR A CIVIL PROCEEDING IN CIRCUIT COURT

How does Fairfax County Circuit Court handle sealed or redacted filings?

A motion to seal is required for covered sealed filings in Fairfax County Circuit Court. Attorneys must properly request sealing where appropriate and designate documents as sealed; the Clerk’s Office also has obligations when a case is sealed by law or court order.

View ruleSource: page 1, section Electronic Filing of Civil and Criminal Records

How do I request an adjournment or extension in Fairfax County Circuit Court?

An extension of time to file a transcript requires approval by the Court of Appeals of Virginia.

View ruleSource: page 1, section File Transcript or Written Statement of Facts

Does Fairfax County Circuit Court require motion papers to be bundled?

When funds are divided among multiple parties, the disbursement of all funds held must be addressed in one order.

View ruleSource: page 1, section Disbursement of Funds

Are filing fees or waivers addressed in Fairfax County Circuit Court?

A fee is required for covered filings. A $50 filing fee accompanies the Notice of Appeal copy sent to the Court of Appeals clerk, payable by cash, check, or money order, with an exception for indigent appellants and those represented by appointed counsel.

View ruleSource: page 1, section File a Notice of Appeal

Is electronic filing required in Fairfax County Circuit Court?

The Appendix and Opening Brief must be filed with the Court of Appeals clerk.

View ruleSource: page 2, section File Appendix and Opening Brief

When is a filing treated as filed in Fairfax County Circuit Court?

The rule states a 4:00 p.m. filing cutoff. The praecipe must be filed by 4:00 p.m. on the Tuesday before Term Day.

View ruleSource: page 1, section TERM DAY PRAECIPE

What rule applies to service for order in Fairfax County Circuit Court?

Proof of service is required for the covered service rule. Details: recipient: the opposing party. If the opposing party’s or attorney’s signature cannot be obtained, the order must include a certification that a true and correct copy was delivered to the party or counsel by certified mail.

View ruleSource: page 2, section Certification of Service
Complete rules summary for Fairfax County Circuit Court

If the opposing party’s or attorney’s signature cannot be obtained, the order must include a certification that a true and correct copy was delivered to the party or counsel by certified mail.

If Grand Jury falls during a mandatory judicial conference, contact the Clerk's Office for the actual Grand Jury and Term Day dates.

The praecipe certifies that a copy was mailed or delivered to counsel of record and served on any unrepresented parties.

The praecipe must be filed by 4:00 p.m. on the Tuesday before Term Day.

A copy of the Notice of Appeal must be mailed or delivered to all opposing counsel and to the Clerk of the Court of Appeals.

The Notice of Appeal must be filed within 30 days after entry of the final judgment or other appealable order.

The transcript is due 60 days after entry of the judgment or other appealable order.

Within 10 days of filing the transcript with the trial court, appellant's counsel must send written notice of the filing date to all parties and file a copy of that notice with the trial court.

Transcripts must be filed in the Clerk's office of the trial court.

The Petition for Appeal must indicate whether the appellant requests oral argument before a panel of judges.

The Petition for Appeal is due 40 days after the record is filed with the clerk of the Court of Appeals.

A Written Statement of Facts filed in lieu of a transcript must be filed in the trial court clerk's office within 55 days after entry of the judgment appealed.

The Petition for Appeal must be filed in the Clerk's office of the Court of Appeals.

The appellee's brief is due 25 days after the opening brief is filed.

Copies of all documents filed must be sent to opposing counsel.

Oral argument is automatically scheduled on appeals unless counsel sends written notification waiving the hearing or the Court summarily affirms the trial court.

The appendix and opening brief must be filed in the Court of Appeals Clerk's office.

Seven copies of the appendix and opening brief must be filed with the Court of Appeals.

The Petition for Appeal must be filed as an original plus three copies.

The Notice of Appeal is due 30 days after entry of final judgment or another appealable order.

A copy of the Notice of Appeal must be mailed or delivered to opposing counsel and the Court of Appeals clerk.

A $50 filing fee accompanies the Notice of Appeal copy sent to the Court of Appeals clerk, payable by cash, check, or money order, with an exception for indigent appellants and those represented by appointed counsel.

An extension of time to file a transcript requires approval by the Court of Appeals of Virginia.

Within 10 days after filing the transcript, appellant’s counsel must notify all parties in writing of the filing date and file a copy of the notice with the trial court.

Unusually bulky, heavy, or unusual exhibits need not be transmitted with the record unless a party or appellate clerk directs it; the party seeking to include them must arrange transportation and receipt.

The Petition for Appeal is due 40 days after the record is filed with the Court of Appeals clerk.

Seven copies of the Appendix and Opening Brief must be filed, and three copies must be sent to opposing counsel.

The appellee’s brief is due 25 days after the opening brief is filed.

A copy of every filed document must be sent to opposing counsel.

Contact Court of Appeals for cover and binding requirements.

More Judges in Fairfax County Circuit Court

Christie A. Leary
Judge
David A. Oblon
Judge
Dipti Pidikiti-Smith
Judge
Dontaé L. Bugg
Judge
John M. Tran
Judge
Jonathan D. Frieden
Judge
Manuel A. Capsalis
Judge
Marin B. Greene
Judge