Continuance Policy

1. Purpose:

   To establish policies and procedures to assist individuals when requesting a continuance.

2. Policy:

   It is the policy of this court that continuances be viewed on a flexible basis. The facts as presented before the court on the Request for Continuance Form will be the vehicle through which the request for continuance will be reviewed.  Requests for continuances will be processed by the Clerk’s Office.  The clerk may grant a first time continuance request on all matters except felonies, detained juveniles and show causes if the request is received within 10 business days of the hearing date.  All other requests are to be approved by the Judge.  If a continuance request form is received within 3 business days or less of the court hearing it shall be placed in the court folder to be reviewed on the hearing date.  It shall be the policy of this court that requests for continuances shall be timely and comply with the Rules of the Supreme of Virginia and procedures established by this court.  The granting of a continuance will be granted on a limited basis in order to maintain the proper balance and timely processing of cases through the court.  The Continuance Request Form can be obtained from the clerk’s office or off the court’s web site at www.co.henrico.va.us/jdrcourt

3. Scope:

   This policy and these procedures apply to all parties, attorneys, court service unit staff, law enforcement, and others having business before this Court

    

4. Definitions:

   Continuance:  The adjournment or postponement of a hearing, trial, disposition, or other proceeding to a subsequent day or time.
   Good Cause:  Good cause is established when the underlying eventuality is unforeseen, is not due to lack of preparation, is relevant, is brought to the court’s attention in a timely manner, and does not unduly prejudice the adversary.
   Parties:  the term “parties” shall mean all plaintiffs, defendants and third party defendants in a civil case and the prosecution and the defendant in a criminal or traffic infraction case.

    

5. Procedure:

   Granting Continuances

   All requests must comply with Rule 8:14 of the Rules of Virginia Supreme Court.

   1. Request for Continuance

      All continuances are governed by Rule 8:14 of the Rules of Virginia Supreme Court.  Continuances are granted, for good cause shown, either by the judge or by the clerk in certain cases.  If a continuance is granted in a CIVIL CASE the moving party shall be responsible for assuring that notice of the continuance is given to all subpoenaed witnesses and that they are provided with the new hearing date.  This obligation may be met by (i) an agreement between the parties that each side will notify its own witnesses; or (ii) any other arrangement that is reasonably calculated to get prompt notice to all witnesses.  If a request for a continuance is not agreed to by all parties to a proceeding, such request should be made to the court prior to the time originally scheduled for the hearing or trial.  If the court determines that a hearing on the request should be conducted prior to the scheduled hearing, all parties shall be given notice of such hearing by the requesting party. 
      If a continuance is granted in a CRIMINAL CASE the clerk’s office shall notify all parties (see definitions) and subpoena all witnesses previously subpoenaed.

   2. Continuance Request Form
      A continuance request is initiated by the filing of a Continuance       Request Form that is available from the Clerk’s Office or on the Court’s website at www.co.henrico.va.us/jdrcourt.  If the request is made at least 10 days prior to the hearing or trial the clerk may grant a continuance for all matters other than a felony, detained juvenile or a show cause hearing.  If received less than 10 days prior to the hearing or trial the judge will be the granting authority; however, if a continuance request form is received within 3 business days or less of the court hearing it shall be placed in the court folder to be reviewed on the hearing date.  The Court’s policy is that the closer to a hearing date a continuance is requested the less likely that the request will be granted.

   3. Both Parties have Attorney (Civil)
      The attorney requesting a continuance shall complete the Request for Continuance form and have the other attorney(s) sign the form.  Available dates are to be listed on the form along with the reason for the continuance.  If the continuance is granted the moving party will be notified by the clerk’s office in accordance with section 5.a of this policy.

   4. Attorney and Pro Sec Parties (Civil)

      The moving party shall complete the Request for Continuance Form and submit the form to the clerk’s office.  Available dates are to be listed on the form along with the reason for the continuance.    If the continuance is granted the moving party will be notified by the clerk’s office in accordance with section 5.a of this policy.

   5. Criminal Cases
      The continuance form, if received first by the clerk’s office, will be       forwarded to the Commonwealth Attorney’s Office for their review then returned to the clerk’s office with their approval or their objections.  The clerk’s office will then notify all parties in accordance with section 5.a of this policy.

6. Continuances not Granted
   1. Over the phone.
   2. When a motion is not received in advance of the proceeding or as provided in this procedure.
   3. Due to one of the parties not obtaining an attorney.
   4. When the request is made verbally and not in writing.
   5. Posted service on a necessary party or witness will not result in an automatic continuance.
   6. Simply because of lack of preparation
7. Authority

Rules of Virginia Supreme Court, Rule 8:14, Continuances.

8. Responsibility
   1. Inquiring as to whether the court has acted upon a request.  This inquiry shall be made before the commencement of the docket for which the hearing is originally scheduled.
   2. Notifying all witnesses of the granting or denial of a request in accordance with section 5.a.  If after an inquiry the status of a request is still unknown, the movant must notify the parties that their appearance is mandatory.

The Judges of the Henrico Juvenile and Domestic Relations District Court and the Clerk of the Court are responsible for the consistent application of these procedures.
The moving party, not the Clerk, shall be responsible for:



9. Interpretation
The Chief Judge is responsible for interpreting these procedures.  Any questions about the application of these procedures shall be directed to the Clerk of Court.