Fairfax County Circuit Court Filing Timing and Cure Windows

CRITICAL

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).

CRITICALCriminal cases

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

CRITICALCriminal cases

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

CRITICAL

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.

CRITICAL

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).

CRITICALCriminal cases

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.

CRITICAL

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.

CRITICALCivil cases

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.

WARNING

Documents filed on holidays or weekends will not be reviewed until the next court business day.

Documents filed on holidays or weekends will not be reviewed until the next court business day

WARNING

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.

WARNING

An electronic filing receives its electronic time-stamp after the Clerk’s Office conducts its review.

No. The Clerk’s Office must conduct its review process in order to apply the “time-stamp” electronic stamp, that you see as a “file stamp copy” from the counter.

WARNING

An e-filing submitted after court hours will be reviewed by the clerk the next business day.

If you eFile after court hours, inevitably it will be the next business day that the clerk reviews the filing.

WARNING

If the Court closes prematurely or unexpectedly, documents will be reviewed when it returns to normal business operations.

From time to time, the Court may experience a need to close prematurely or unexpectedly, such as from a weather event, or other factor. Under these circumstances documents will be reviewed when the Court returns to normal business operations.

WARNING

Documents filed after 3:30 PM on a court business day may not be reviewed until the next court business day.

Documents filed after 3:30PM on a normal court business day may not be reviewed until the next court business day.

WARNING

Documents filed on holidays or weekends will not be reviewed until the next court business day.

Documents filed on holidays or weekends will not be reviewed until the next court business day

WARNINGCriminal cases

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.

WARNINGCriminal cases

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.

WARNING

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

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

WARNING

Documents filed after 3:30 PM on a normal court business day may not be reviewed until the next court business day.

Documents filed after 3:30PM on a normal court business day may not be reviewed until the next court business day.

WARNING

If the Court closes prematurely or unexpectedly (e.g., due to a weather event), documents will be reviewed when the Court returns to normal business operations.

From time to time, the Court may experience a need to close prematurely or unexpectedly, such as from a weather event, or other factor. Under these circumstances documents will be reviewed when the Court returns to normal business operations.

INFO

The e-filing System operates 24/7/365 and accepts filings at any time, but clerks review documents only from 8 AM to 4 PM Monday through Friday on court business days.

The System is designed to operate 24 hours a day, seven days a week, throughout the year (24x7x365). Users may file documents electronically at any time when the System is available. However, in Fairfax Circuit Court, clerks work from 8AM to 4PM on normal court business days, i.e., Monday through Friday.

INFO

System interruptions may occur, and the Clerk will notify users of downtime as soon as possible and in advance when feasible.

Planned or unplanned interruptions in System availability may occur. Every effort will be made to minimize any downtime and the Clerk will notify users, as soon as possible and in advance, when feasible.

INFO

Notifications of rejected submissions and other e-filing matters are provided through the eFiling System and/or via email.

Notifications of rejected submissions or other matters related to electronically-filed documents will be provided through the eFiling System and/or via email.

INFO

Notifications about rejected submissions and other e-filed document matters are provided through the eFiling System and/or email.

Notifications of rejected submissions or other matters related to electronically-filed documents will be provided through the eFiling System and/or via email.

WARNING

System interruptions may occur; the Clerk will make efforts to minimize downtime and, when feasible, notify users as soon as possible and in advance.

Planned or unplanned interruptions in System availability may occur. Every effort will be made to minimize any downtime and the Clerk will notify users, as soon as possible and in advance, when feasible.

CRITICALCivil cases

Deadline

3 calendar days

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.

CRITICALCriminal cases

Deadline

30 calendar days

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

CRITICALCivil cases

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

• Transcript due 60 days after entry of final judgment.

CRITICALCivil cases

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

Transcript due 60 days after entry of final judgment.

CRITICALCivil cases

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.

CRITICALCriminal cases

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.

CRITICALCivil cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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

CRITICALCriminal cases

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)

CRITICALCriminal cases

Deadline

40 calendar days

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

CRITICALCivil cases

Deadline

55 calendar days

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.

CRITICALCivil cases

Deadline

60 calendar days

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.

CRITICALCivil cases

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

CRITICALCriminal cases

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

CRITICAL

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.

CRITICALCriminal cases

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.

CRITICALCivil cases

Deadline

30 calendar days

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.

CRITICALCriminal cases

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.

CRITICALCivil cases

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

• Due 40 days after circuit court record filed.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCriminal cases

Deadline

25 calendar days

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.

CRITICALCriminal cases

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.

CRITICALCivil cases

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

Due when the Notice of Appeal is filed.

CRITICAL

Deadline

30 calendar days

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).

CRITICALCriminal cases

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.

CRITICALCivil cases

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

CRITICALCivil cases

Deadline

60 calendar days

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

Transcript due 60 days after entry of final judgment.

CRITICALCivil cases

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

CRITICALCivil cases

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.

WARNING

Completed 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.

WARNING

Requests for an ASL interpreter or CART should be made at least three weeks before the hearing.

Requests for an American Sign Language (ASL) interpreter or CART should be made at least three (3) weeks in advance of the hearing date.

WARNING

ASL interpreter or CART requests should be made at least three weeks in advance.

Requests for an American Sign Language (ASL) interpreters or CART should be made at least three (3) weeks in advance.

WARNING

Interpreter requests must be made at least two (2) weeks before the hearing date.

Requests for interpreters should be made at least two (2) weeks prior to the hearing date.

WARNING

Interpreter requests should be made at least two weeks before the hearing.

A request for an interpreter should be made at least two (2) weeks in advance of the hearing date.

WARNING

Requests for interpreters should be made at least two (2) weeks prior to the hearing date.

Requests for interpreters should be made at least two (2) weeks prior to the hearing date.