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Friday Motions Day-Praecipe-Notice CCR-E-10 - Virginia
| Friday Motions Day-Praecipe-Notice Form. This is a Virginia form and can be used in Civil Circuit Court Fairfax Local County . |
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V I R G I N I A: IN THE CIRCUIT COURT OF FAIRFAX COUNTY Plaintiff ____________________________________________________________ vs. Civil Action No. Previous Chancery No. CL______-_________ CH________________________ __________________________________________________________________ Defendant SERVE: FRIDAY MOTIONS DAY PRAECIPE/NOTICE Moving Party: _____ Plaintiff _____ Defendant _____ Other _____ Attached _____ Previously Filed Title of Motion: ________________________________________________________ DATE TO BE HEARD: _____________________________ Time Estimate (combined no more than 30 minutes): _______________ Time to be Heard: _____ 9:00 a.m. with a Judge _____ 9:00 a.m. without a Judge _____10:00 a.m. (Civil Action Cases) Does this motion require 2 weeks notice? _____Yes _____ No _____11:30 a.m. (DOMESTIC/Family Law Cases) Does this motion require 2 weeks notice? _____Yes _____No Case continued from: ________________________________ continued to: _________________________________ (Date) (Date) Moving party will use Court Call telephonic appearance: _____Yes _____No Judge _______________________________ must hear this motion because (check one reason below): ___ The matter is on the docket for presentation of an order reflecting a specific ruling previously made by that Judge. ___ This Judge has been assigned to this entire case by the Chief Judge; or, ___ The Judge has advised counsel that all future motions, or this specific motion, should be placed on this Judge's Docket; or, ___ This matter concerns a demurrer filed in a case where that Judge previously granted a demurrer in favor of demurrant. PRAECIPE by: __________________________________________ ___________________________________________ Printed Attorney Name/ Moving Party Name Firm Name ______________________________________________________________________________________________________________________________________ Address _________________________ _________________________ ____________ ________________________________ Tel. No. Fax No. VSB No. E-Mail Address CERTIFICATIONS I certify that I have in good faith conferred or attempted to confer with other affected parties in an effort to resolve the subject of the motion without Court action, pursuant to Rule 4:15(b) of the Rules of the Supreme Court of Virginia; and, I have read, and complied with, each of the Instructions for Moving Party on the reverse side of this form. _______________________________________ Moving Party/Counsel of Record CERTIFICATE OF SERVICE I certify on the ______ day of __________________, __________, a true copy of the foregoing Praecipe was _____ mailed _____faxed _____delivered to all counsel of record pursuant to the provisions of Rule 4:15(e) of the Rules of the Supreme Court of Virginia. _______________________________________ Moving Party/Counsel of Record American LegalNet, Inc. www.FormsWorkFlow.com CCR-E-10 (January 2013 version) INSTRUCTIONS FOR MOVING PARTY DATE/TIME: All motions should be noticed for the 10:00 a.m. Civil Action Docket or the 11:30 a.m. Domestic/Family Law Docket (All Divorce cases, adoptions and Juvenile & Domestic Relations Court Appeals) unless the moving party believes the motion will be uncontested. All motions believed to be uncontested should be noticed for 9:00 a.m. All motions noticed for 9:00 a.m. should be set without a judge, unless evidence will be required (e.g., Ex Parte Proof, Infant Settlements, Fiduciary Matters), or if it is necessary for the order to be entered that morning rather than in chambers at a later time. A minimum of two weeks' notice is required for all motions for Summary Judgment, Demurrers, Pleas in Bar, motions pertaining to discovery disputes and other motions for which any party desires to file a memorandum. A memorandum of points and authorities of five pages or less must accompany any of these pleadings and any other motion placed on the Two Week Docket. If either party believes it necessary to file a memorandum exceeding five double-spaced pages, then the parties must utilize the Briefing Schedule procedure: contact opposing counsel or the opposing party and by agreement conduct a telephone conference call with the Calendar Control Judge, (703) 246-2221; or, if agreement is not possible, give advance notice of an appearance before the Calendar Control Judge to establish a Briefing Schedule. Each side should bring a draft proposed order to Court on the day of the hearing, as the ruling must be reduced to an order that day, absent leave of Court. Cases may only be removed from the docket by the Court or by counsel for the moving party or the moving party. One Week Motions may be removed from the docket up until 4:00 p.m. on the Thursday preceding the hearing date, by contacting the Motions Clerk: (703) 246-4355. Two Week Motions may not be continued or removed from the docket after 4:00 p.m. on the Friday preceding the hearing date, without leave granted by the Judge assigned to hear the motion, for good cause shown. If a hearing on any motion must take longer than thirty (30) minutes, the moving and responding parties, or their counsel, should appear before the Calendar Control Judge to request a hearing for a day other than a Friday. See, "Motions Requiring More than 30 Minutes" in "Friday Motions Docket Procedures" on the Court's website at http://www.fairfaxcounty.gov/courts/circuit/CCR-E.htm MOTIONS TO RECONSIDER: Do not set a Motion to Reconsider for a hearing. (See Friday Motions Docket Procedures, available from the Clerk's Office, the Bar Association office or on the Court's website at the address above. CERTIFICATIONS OF MOVING PARTY/COUNSEL: Rule 4:15(b) of the Rules of the Supreme Court of Virginia provides in pertinent part that "Absent leave of court, and except as provided in paragraph (c) of this Rule, reasonable notice shall be in writing and served at least seven days before the hearing. Counsel of record shall make a reasonable effort to confer before giving notice of a motion to resolve the subject of the motion and to determine a mutually agreeable hearing date and time." CERTIFICATE OF SERVICE: Pursuant to Rule 4:15 (e), a motions pleading shall be deemed served when it is actually received by, or in the office of, counsel of record through delivery, mailing, or facsimile transmission; not when it is mailed or sent. INFORMATION FOR MOVING PARTY COURTCALL TELEPHONIC APPEARANCE: In most cases, Virginia attorneys may appear by phone in lieu of appearin
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