Fairfax County Court News

 

The Fairfax County Courthouse, located at 4110 Chain Bridge Road in Fairfax, VA, contains three Virginia courts - the Circuit Court, the General District Court, and the Juvenile and Domestic Relations District Court - which serve the citizens of Fairfax County. Use this document for a complete directory.

Use the links below for the latest news on the courthouse.  Looking for an older news item? Browse through the Archives.

Fairfax County Court General News

  • Channel 16 Tapes "History of the Fairfax County Courthouse":  The taping can be viewed Fridays at 5:30 p.m., Tuesdays at 10:30 p.m., or Saturdays at 7:30 p.m on Channel 16.  Retired Chief Judge Jennings, Retired Commonwealth's Attorney Robert Horan, and John T. Hazel discuss the changes of the Fairfax County Courthouse over the years.  The program can also be watched on as a video on demand here 
  • New Director of Court Services: Starting October 12, Robert A. Bermingham will be the new Director of Court Services for the Fairfax County Juvenile and Domestic Relations District Court. 
  • Notice:  As of October 2, 2009, no cases seeking approval of infant settlements or guardianship appointments will be docketed for hearing unless the GAL report, all medical records and the proposed Final Order are in the file or filed with the Praecipe.
  • Forms Now Online:  Attorneys will not have to draft objections to the admission of affidavits and certificates of analysis because there wasn't a live testimony from a VA Department of Forensic Science representative because the Supreme Court of Virginia put these online.  The forms are a response to Melendez-Diaz v Massachusetts.  These forms can be found here (Objection to Admission Case No. of Certificate of Analysis Form) and here (Objection to Admission of Affidavit Form).
  • Update: The Fairfax Commissioner of Accounts office has a new fee schedule effective October 1, 2008.  To read the full details, open this PDF.
  • Reminder: Anybody wishing to appear before the Calendar Control Judge must check in with the receptionist by 9:00 a.m.
  • Attorney Court ID Badges: In an effort to streamline access to the courts and allow the entry screening more time to focused on those that may pose a security risk, the Sheriff's Office is implementing a new access procedure. Attorneys who complete an application, undergo a background check, and have a picture identification card issued by the Sheriff's Office will bypass the security screening. There is no fee associated with this service.

    The application form will be accepted anytime after 12:00 PM at the Information Desk on the first floor of the new courthouse. Attorneys may fill out the form online, but a print-out with an original signature and a copy of a current driver's license and a VA Bar card must be presented to the Sheriff's Office in person.

 

Fairfax County Circuit Court News

  • New:  The FBA's Circuit Court Committee's Domestic Relations Subcommittee in collaboration with the Circuit Court judges have finalized the Depositions Upon Written Notice form
  • New Circuit Court Procedures: The updated pre-trial 10-day filing notice can be found here.
  • Update: A new Circuit Court copy policy is now available. To view the details, read this PDF.
  • Memo: Civil File Review Request Forms can now be done online.  Learn more here.
  • Memo: Guidelines for submitting legible DC-40 List of Allowances for court appointed attorneys. Read the full details here.
  • New Rules for the Admission of an Out-of-State Attorney
    Pro Hav Vice
    : The Circuit Court would like to remind attorneys that new rules are in effect for the admission of an out-of-state attorney pro hac vice. Please refer to Rule 1A:4 of the Rules of the Virginia Supreme Court. An application form can be obtained in the Clerk's office or by visiting website of the Supreme Court.
  • A message from Chief Judge Dennis J. Smith on
    Verifying Trial Status
    : In the past the Circuit Court has always called weekly beginning two weeks in advance of the trial to confirm the status of cases on our trial dockets. The Circuit Court would like to start making these weekly inquires four weeks in advance of trial. However, to avoid interrupting counsel for the information and to conserve the time of the court staff, starting October 2007, the Circuit Court will e-mail counsel of record for whom we have an active e-mail address to request a report on the status and time estimate for cases on Monday to Thursday dockets. A telephone inquiry will only be done if the counsel failed to send a reply within 48 hours. This will allow for counsel to respond at a convenient time and hopefully reduce the amount of time the staff will have to spend in verifying the docket. 

    The Judges of the Circuit Court thank you for your cooperation in this effort to make the docket management more accurate and efficient.

Fairfax County General District Court News

  • General District Court Traffic Felony Cases Memo: Even though they are assigned a traffic case number, all traffic cases charged as felonies are stored in the Criminal Division of the General District Court. Attorneys should go to the Criminal Clerk’s Office in Room 204 to file motions or review paperwork on traffic felony cases.
  • Bond Motions Moving to 8:30 AM - Beginning March 16, 2009, all Bond Motions on traffic and criminal cases in the Fairfax County General District Court will be heard daily at 8:30am in Courtroom 2G. Moving the criminal bond motions to 8:30am has worked so well that we are now adding the traffic bond motions to the same 8:30am docket in Courtroom 2G. Attorneys are reminded to notify Court Services in Room 203 at the time of filing if an interpreter other than Spanish will be needed at the motion hearing.
  • Civil: Use of NCR Forms: The Civil Division of the General District Court reminds attorneys that the use of NCR (carbonless) forms helps speed processing within their office by reducing the number of times the clerk has to sign paperwork, write docket numbers, etc. This is especially helpful on garnishments, where multiple copies must be submitted. NCR forms are available in the Clerk's Office.
  • General District Civil Backlog: When selecting court dates for garnishments, please add 4-6 weeks extra processing time to allow for a backlog in the Civil Division of the Fairfax County General District Court.  Additional time is not required for interrogatory filings.
  • Civil: Debt Purchase Guidelines: A "Best Practices" guideline is now available in the GDC for civil cases where a default judgment is sought on cases that involve a debt purchase. The handout provides information on how secondary consumer debt cases should be styled, the need for original documents, and how interest in awarded. The "Best Practices" guideline may be picked up at the Civil Clerk's Office.
  • Reminder: When selecting court dates for garnishments, please add 4-6 weeks extra processing time to allow for a backlog in the Civil Division of the Fairfax County General District Court.  Additional time is not required for interrogatory filings.
  • Civil: Continuance of Debt Purchase Cases: Debt Purchase cases follow the same rules as all civil cases, and all civil cases should be ready to go forward at the time of filing. Second continuances are rarely granted in any civil case except for good cause shown. Good cause does not usually include the attorney's need to pull together necessary documents.
  •  Civil: Scheduling Trials: When selecting trial dates in the Civil Division of the General District Court, please be aware that no more than three cases should be set for trial on any given date by an attorney, law firm, or party without approval of a judge. The total estimated time for hearing multiple trials should not exceed two hours unless advance notice is provided to the Court.
  • Transportation Orders: Transportation Order requests filed in the Criminal and Traffic Divisions of the General District Court must be submitted at least 1 to 3 full work days in advance of the court date according to the following guidelines: adjoining counties of Prince William, Loudoun, Alexandria, and Arlington = 1 full work day in advance; jail located 2 counties away (Rappahannock Regional Jail, Fauquier, P. Creek) = 2 full work days in advance; and, all other jurisdictions = 3 full work days in advance. Requests received without adequate lead time will most likely not be accommodated.
  • Felony Continuance Requests: Requests filed on the morning of the court date for continuance of a felony charge in the GDC will no longer be considered immediately. Instead, the request will be attached to the case for the judge's consideration in the courtroom at 2:00 PM preliminary hearing.
  • Traffic: Copy of Driving Record for RDL: A copy of the defendant's driving record obtained from DMV no more than seven days prior to the motion date must be provided to the judge in the courtroom when requesting a Restricted Driver's License after the conviction date.
  • Traffic Copies on the Court Date: In an effort to provide better service to all, the GDC will no longer be able to accommodate requests for copies of traffic cases on the court date. Instead, copies will be available on the next business day for pick up or for mailing, as requested. A copy request log will be available at the Traffic Counter for cases heard in court that day.
  • On Interpreters: Interpreters in the GDC are now paged by the clerk for assistance in the courtroom or at the counter. Attorneys are asked not to leave the courtroom to go in search of an interpreter, as this will likely delay proceedings.
  • List of Allowances for Court Appointed Attorney Fees -
    Time Spent
    : Attorneys who serve as court appointed counsel on multiple charges for a defendant in the GDC must divide the total time spent between the charges when filling out the List of Allowances. The specific time spent on each charge should be noted on each case. Attorneys should not assign the total time spent on all charges to just one case (as directed in the past). In general, the total time spent should be divided among st the multiple charges with more time indicated on those charges that required additional time. When dividing time, attorneys should remember that it requires one hour and twenty minutes to qualify for the $120.00 standard fee. Itemize Expenses: if miscellaneous costs total more than $20.00 for all charges combined, attorneys must itemize the costs for phone calls, copies, postage, etc.

 

 

Fairfax County Juvenile & Domestic Relations Court

  • The updated 2009 Domestic Relations Model Support Order can be found here.
  • New J&DR Memo: There is a new Motion for Continuance Form for use in all J&DR Court criminal and traffic cases. The form should be used for all 3:00 pm criminal and traffic continuance motions. Copies of the form are available at this link or in Room 1305. 
  • New Restitution Process: The Juvenile and Domestic Relations District Court, Court Services Administration has consolidated the Victim Services Office and Restitution Office to support a juvenile restitution process that ensures fairness, equity, and uniform quality for all parties. A clearly defined restitution process will enable both victims and defendants to receive quality court services in a timely manner.

    Under management of the Victim Services Coordinator, the Victim Services Office will be responsible for obtaining victim contact information; payee and payment information; and impact and loss information with supporting documentation prior to adjudication. All documents will be submitted to the Clerk's Office to be placed in the legal file 72 hours in advance of adjudication and will be available to defense attorneys. Victim Services will directly work in coordination with staff from the following offices: Commonwealth Attorney, Juvenile Intake, Juvenile Probation and the Clerk of the Court.

    Prior to the hearing, Commonwealth's Attorneys and Defense Attorneys should prepare a Restitution Order as part of the Plea Agreement. The Restitution Order should clearly identify the amount of restitution owed, a payment schedule, the defendant, the victim, including those victims whose cases are nolle prosequi but are to be considered for receipt of restitution.

    After the hearing, both victim and defendant should be informed to go the Clerk's windows (#1300) to receive their signed copy of the Restitution Order and a copy of the Restitution Instructions.

    Payment of court ordered restitution to the victim will be processed through the Clerk's Office. Payments in the form of credit card, personal check, cashiers check, money order or cash will be processed by the Clerk's Office and should be made payable to the State of Virginia. If restitution is not paid in full by the final order date, the court's data system automatically notifies DMV and Virginia Department of Treasury triggering revocation of the defendant's driver's license and attachment of future state income tax refunds until the balance is paid in full. In those cases where probation is ordered, the Juvenile Probation Officer is responsible for enforcement of the Restitution Order. Restitution may be ordered without placing the defendant on probation. In those cases where probation is not ordered, the Victim Services Office is responsible for enforcement of the Restitution Order.

    Implementation of the above will begin July 1, 2008 and will result in more well-timed delivery of services to include information and restitution determinations, which ensures all parties involved clearly know what to expect from the Restitution Order.

    For further information, you may contact Maurine M. Houser, Victim Services Coordinator, POIII 703-246-3525 or maurine.houser@fairfaxcounty.gov.

 

 

 

 

 

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