Fairfax County Circuit Court Document Filing Requirements

CRITICAL

Applies to

Order of payment

An Order of Payment must clearly state the exact amounts of costs and interest, which may be paid or deducted only from an appeal bond or funds already held by the Clerk.

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.

CRITICAL

Applies to

Petition for proceeding without payment of fees

The petitioner's affirmation must be notarized (subscribed, sworn, and acknowledged before a notary public).

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

CRITICALCivil cases

Applies to

Petition for appeal

The petition for appeal must contain assignments of error.

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

CRITICAL

Applies to

Continuance request

Must include

proposed order

The moving party must complete the Calendar Control Order Form before contacting Calendar Control.

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.

CRITICAL

Applies to

Continuance request

All information in Part One of the Calendar Control Order Form must be completed.

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

CRITICAL

Applies to

Request for court appointed interpreter

Must include

caption, case number, signature block

Unrepresented individuals seeking a court-appointed interpreter must complete CCR Form A-310 and State Form CC-1414 (petition to proceed without paying fees).

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

CRITICAL

Applies to

Petition for proceeding without payment of fees

The fee waiver petition must include a signed affirmation by the petitioner that the statements are true, complete, and correct.

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.

CRITICAL

Applies to

Order

Every submitted order must direct payment to the Clerk of the Circuit Court.

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

CRITICAL

Applies to

Letter

Funds are not disbursed while an order or case is on appeal unless all parties provide a signed letter confirming the funds are outside the appeal and authorizing disbursement.

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.

CRITICAL

Applies to

Order

Orders for trust funds or infant settlements held by the Clerk must omit the beneficiary’s date of birth, address, and Social Security number from the order body.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

Local counsel must file a proposed order granting or denying the motion to associate out-of-state counsel pro hac vice.

Proposed Order (granting or denying the motion)

CRITICAL

Applies to

Order of payment

An Order of Payment submitted to the Court should include explicit payment instructions.

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

CRITICALCivil cases

Applies to

Order

Must include

certificate of service

A certification of service is necessary if the opposing party’s or attorney’s signature cannot be obtained.

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

CRITICAL

Applies to

Order

Depositing interpleaded funds, including infant settlements, requires a judge-signed order.

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

CRITICAL

Applies to

Notice of appeal

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.

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).

CRITICALCivil cases

Applies to

Order

Must include

certificate of service

The certification of service is necessary if the opposing party’s or attorney’s signature cannot be obtained.

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

CRITICAL

Applies to

Order of payment

An Order of Payment must clearly state the amount, payee, and delivery address.

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

CRITICAL

Applies to

Civil interpreter request

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

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.

CRITICAL

Applies to

Petition for appointment of guardian and or conservator

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

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

CRITICAL

Applies to

Order of payment

Immediate disbursement after a judge signs the order is available when all relevant parties sign an order stating “We Ask for This” or “Seen and Agreed”; blank spaces, signatures by permission, and Rule 1:13 waivers do not suffice.

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.

CRITICAL

Applies to

Pro hac vice application

Local counsel must file the original notarized application plus two copies.

Original Notarized Application – plus two (2) copies

CRITICAL

Applies to

Order

Disbursement instructions must be expressly authorized by a judge in a written order.

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

CRITICAL

Applies to

Letter

When the entered Order of Payment lacks all parties’ agreement, immediate release requires a letter signed by all parties that specifies the amount and recipient of the disbursement.

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.

WARNINGCivil cases

Applies to

Costs bond

Upon awarding an appeal, the Supreme Court may require a costs bond with security, generally for $500.

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

WARNINGCriminal cases

Applies to

Petition for appeal

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

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

WARNING

Applies to

Continuance request

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.

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.

WARNING

Applies to

Civil interpreter request

Completed civil interpreter request forms may be dropped off at the 5th Floor Chambers Suite 501 or emailed to the listed address.

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

WARNING

Applies to

Calendar control appearance

A copy of the notice must be attached if the opposing party is not present.

Attach copy of notice if opposing party is not present.

WARNING

Applies to

CCR Form A-310

Must include

signature block

Completed CCR Form A-310 must be forwarded to the Interpreter Coordinator.

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

WARNING

Applies to

Order of payment

Unless the order directs otherwise or counsel authorizes otherwise, disbursements are payable to the client and delivered to counsel, and the order should include the address.

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.

WARNINGCivil cases

Applies to

Written waiver of oral argument

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

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.

WARNINGCriminal cases

Applies to

Written waiver of oral argument

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

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.

WARNINGCriminal cases

Applies to

Record exhibits

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 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.

WARNING

Applies to

Continuance request

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.

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.

WARNINGCivil cases

Applies to

Record

The trial court clerk need not transmit unusually bulky, heavy, or unusual exhibits unless directed by a party or the appellate court clerk.

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.

WARNINGCivil cases

Applies to

Record

A party seeking to include unusually bulky, heavy, or unusual exhibits in the record must arrange for their transportation and receipt.

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

INFO

Applies to

Request for court appointed interpreter

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

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.

INFO

Applies to

E filed pleading

Most e-filed pleadings do not need a cover letter asking the Court to accept the pleading.

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.

INFO

Applies to

Case coversheet

Data entered by the filer in File and ServeXpress replaces Case Coversheet information.

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