Virginia
United States District Court for the Eastern District of Virginia
- EDVA General Order 2020-14
The Court has found it necessary and appropriate to adopt a face covering and social distancing policy for all Courthouse employees, contractors, and visitors.
Per General Order 2020-14, ALL individuals intending to appear in person in the Courthouses in our District, to include employees, vendors, contractors, litigants, attorneys, stakeholders from other agencies, and members of the public, shall be required to:
(1) wear a face covering that covers your nose and mouth continuously when in public areas and shared common spaces in our Courthouses, to include hallways, entrance foyers, and courtrooms. Inside of each courtroom, the presiding judge may permit removal of face coverings for the purposes of facilitating a hearing or otherwise promoting the functioning and effective operation of the Court, with efforts made to ensure that individuals permitted to remove their face coverings stay at least six feet apart from other individuals;
(2) engage in social distancing within our Courthouses whenever possible, which involves staying at least six feet apart from other individuals; and
(3) stay home if you are sick.
Any visitor seeking entry to our Courthouses without a face covering will be denied entry by security staff and will be asked to contact the office/chambers to be visited and determine whether alternate arrangements can be made to accomplish the business needs of the visitor without entry to the Courthouse.
- Pursuant to 18 U.S.C. § 983
The United States District Court for the Eastern District of Virginia has issued an order providing extensions to certain deadlines relating to the administrative and civil judicial asset forfeiture proceedings within this District. Such order was issued upon motion by the United States and in response to the circumstances created by the COVID-19 pandemic, to include the health risks and endangerment to the life and safety of government asset forfeiture attorneys and staff who are responsible for reviewing cases, issuing notices, and processing claims.
For more detailed information, please see the Courts Order by visiting www.vaed.uscourts.gov. or Case No. 2:20-mc-9.
- EDVA General Order 2020-14 and 2020-15
1) In response to the COVID-19 pandemic, and to supplement steps previously taken by this Court to reduce the possibility of exposure to COVID-19 and to slow the spread of the disease, the Court finds it necessary and appropriate to adopt a face covering and social distancing policy for all Courthouse employees, contractors, and visitors. Please see General Order 2020-14 In re: FACE COVERINGS AND SOCIAL DISTANCING IN COURTHOUSES ACROSS THE DISTRICT
2) In response to recent developments, to include the Courts increased capabilities to conduct remote proceedings and thereby reduce the risk that all Courthouses in the District would be rendered unusable at the same time, the Court has determined that it is no longer necessary for the U.S. Courthouse in Newport News to serve as the Emergency Judicial Center for the District, as was previously directed by General Order No. 2020-10. As such, beginning on May 26, 2020, the U.S. Courthouse in Newport News will be reopened to the public and to all employees, subject to the same restrictions on proceedings and visitors as all other Courthouses in the District. Please see General Order 2020-15 In re: CESSATION OF THE U.S. COURTHOUSE IN NEWPORT NEWS AS THE DISTRICTS EMERGENCY JUDICIAL CENTER
- Continuance of In-Person Court Proceedings and Extension of Filing Deadlines
All civil and criminal in-person proceedings scheduled to occur through June 10, 2020 are continued, with the exception of certain critical or emergency proceedings. This includes all trials, hearings, settlement conferences, and appearances.
Starting on June 11, 2020, in-person proceedings will no longer be limited to critical or emergency proceedings. Judges will continue to use video and teleconferencing to the extent possible. No criminal jury trials will be conducted prior to July 7, 2020. Grand juries may be utilized again on June 11, 2020. No civil jury trials will be conducted until further notice.
http://www.vaed.uscourts.gov/notices/Gen%20Order%202020-16%20Phased%20Expansion%20of%20Court%20Operations.pdf
- Remote Proceedings. The District Court has adopted a temporary policy authorizing the use of video conferencing, or telephone conferencing if video conferencing is not reasonably available, for certain criminal case events.
As to criminal proceedings, on April 16, 2020 the District Court ordered that the US Probation Office make those pretrial services reports issued prior to a defendant’s pretrial release or detention hearing (i.e. bond reports) electronically available to the attorneys of record, via a special ECF filer login.
Beginning the week of April 20, 2020, the District Court will use the Zoomgov application as an option for judges for remote videoconference proceedings. Prior to the hearing, authorized parties will receive e-mail invitations containing the necessary information to gain online access. For more information, see http://www.vaed.uscourts.gov/zoomgov/index.html.
Live Audio-Stream. The E.D. Va. is concerned about preserving the public’s access to judicial proceedings, which is a constitutional right. To preserve public access to court proceedings conducted remotely, the Court is implementing a teleconference service by which members of the public and press can use a toll-free telephone line to listen in remotely to a live audio-stream of proceedings.
Members of the public, including the press, may not participate in the Zoomgov videoconference, but may listen in via teleconference access using phone numbers and access codes provided on the District Court’s website. See http://www.vaed.uscourts.gov/zoomgov/Steps%20to%20Participate%20-%20Remote%20Teleconference.pdf.
Anyone accessing a court proceeding via the live audio stream is prohibited from recording, rebroadcasting, live-streaming, or otherwise disseminating video or audio of the proceeding.
http://www.vaed.uscourts.gov/covid-19.html
- On April 10, 2020, the Court issued the following General Order:
All civil and criminal in-person proceedings in the U.S. District Court for the Eastern District of Virginia, including court appearances, trials, hearings, and settlement conferences, scheduled to occur through June 10, 2020, with the exception of critical or emergency proceedings, are POSTPONED, subject to the conditions set forth in this General Order. The instant General Order does not postpone any remote proceedings scheduled by a presiding judge in any civil or criminal case.
This General Order puts the federal court in alignment with Virginia Gov. Northam’s directive that essentially locks down most of Virginia until June 10.
http://www.vaed.uscourts.gov/notices/Gen%20Order%202020-12%20Court%20Operations%20Updated%20Notices.pdf
On May 14, 2020, the Court announced that face coverings will be required for anyone entering the courtroom.
On May 16, 2020, the Court announced that the Richmond courthouse will be open on May 18, 2020.
On May 26, 2020, the Court announced the anticipated timeline for the phased expansion of the Court Operations for the Eastern District, which is expected to begin June 11, 2020.
On June 5, 2020, in anticipation of the phased expansion of the court operations expected to begin on June 11, 2020, updated notices have been released for Alexandria, Newport News, Norfolk, and Richmond courthouses. These notices will be posted outside of each respective U.S. Courthouse in the district. These notices will cover who may and may not be permitted to enter the courthouse and the requirements of individuals when inside the courthouse.
On June 26, 2020, due to the spiking cases of COVID-19 sweeping the country, general order No. 2020-18 was issued reauthorizing the use of video conferencing, or alternatively, telephone conferencing, in this District for certain criminal proceedings.
http://www.vaed.uscourts.gov/notices/General%20Order%20No.%202020-18%20-%2090%20day%20CARES%20Act%20Extension.pdf
On June 30, 2020, the Court announced the anticipated timeline for the resumption of criminal jury trials for the Eastern District, which is expected to begin September 14, 2020.
http://www.vaed.uscourts.gov/notices/Gen%20Order%202020-19%20-%20Resumption%20of%20Criminal%20Jury%20Trials.pdf
On July 7, 2020, as part of the Court’s anticipated resumption of criminal jury trials in the District, the Court adopted a modified jury summons packet, which was included in General Order 2020-20.
https://www.vaed.uscourts.gov/sites/vaed/files/Gen%20Order%202020-20%20Modified%20Jury%20Summons%20Packet.pdf
On September 25, 2020, in response to the COVID-19 pandemic, Congress passed legislation authorizing the use of video or telephone conferencing for certain criminal proceedings, with such legislation requiring the Chief Judge to reassess conditions every ninety days. General Order 2020-21 makes the findings necessary to reauthorize the use of video conferencing, or alternatively telephone conferencing, in this District for an additional ninety days, unless terminated earlier.
https://www.vaed.uscourts.gov/sites/vaed/files/General%20Order%20No.%202020-21.pdf
On November 16, 2020, the U.S. District Court for the Eastern District of Virginia has temporarily suspended all criminal jury trials until January 19, 2021, absent further Court Orders. Such temporary suspension is in response to the significant increase in COVID-19 cases, hospitalizations, and “percent positivity” in the Eastern District.
https://www.vaed.uscourts.gov/sites/vaed/files/Gen%20Order%202020-22%20%20-%20Temporary%20Suspension%20of%20Jury%20Trials.pdf
On December 11, 2020, all misdemeanor, traffic, and petty offense dockets for in-person hearings scheduled in all Divisions of this Court have been suspended from December 14, 2020, through January 18, 2021.
On December 18, 2020, in response to the COVID-19 pandemic, Congress has passed legislation authorizing the use of video or telephone conferencing for certain criminal proceedings, with such legislation requiring the Chief Judge to reassess conditions every ninety days. General Order 2020-24 makes the findings necessary to reauthorize the use of video conferencing, or alternatively telephone conferencing, in this District for an additional ninety days, unless terminated earlier.
On January 8, 2021, all criminal jury trials, grand jury proceedings, and all in-person misdemeanor, traffic, and petty offense dockets in this Court are temporarily suspended through February 28, 2021. Such temporary suspension is in response to the significant increase in new COVID-19 cases, hospitalizations, deaths, and “percent positivity” in Eastern District, among other factors.
United States District Court for the Western District of Virginia
- Continuance of In-Person Court Proceedings and Extension of Filing Deadlines.
All civil and criminal in-person proceedings scheduled to occur through June 10, 2020 are continued, with the exception of certain critical or emergency proceedings.
All issues concerning pretrial deadlines are to be addressed with the presiding judge.
The District Court has adopted a temporary policy authorizing the use of video conferencing, or telephone conferencing if video conferencing is not reasonably available, for certain criminal case events.
As of April 24, 2020, the usual requirement that a detained defendant’s counsel be physically present for review of a presentence report (or “PSR”) is lifted, to allow for counsel to participate remotely by videoconference or teleconference.
http://www.vawd.uscourts.gov/media/31965117/video_teleconferencing_criminal_proceedings_cares_act.pdf
On May 1, 2020, the Court suspended the requirement that Pretrial Services Reports be returned to the probation officer at the conclusion of a judicial proceeding. Counsel is required to maintain the confidentiality of Pretrial Services Reports and may not disclose them to others.
http://www.vawd.uscourts.gov/media/31965614/public-access-to-proceedings-and-pretrial-services.pdf
The District Court’s website provides phone numbers which may be used to access of civil and criminal court proceedings held via videoconference or teleconference. See http://www.vawd.uscourts.gov/court-information/covid-19.aspx.
On June 8, 2020, the court adopted a Reopening Plan that will guide court operations on a going forward basis. Phase 1 of this plan lays out the following:
- Requires all entrants to wear a face covering and keep social distancing of at least 6 feet whenever possible.
- Provides a list of individuals who are prohibited from entering the courthouse.
- Recommends that all individuals entering the court to conduct a health assessment.
- Effective June 29, 2020, in-person proceedings may be resumed.
- Criminal jury trials may resume on Monday, July 13, 2020.
- Grand juries may begin to be utilized in all divisions by June 11, 2020.
- Civil jury trials may resume on August 31, 2020.
- Clerk’s Office intake stations will remain closed throughout Phase I. Documents may be filed with the Clerk electronically, by mail or in the secure dropboxes located in the lobby of the Western District’s courthouses
On June 26, 2020, due to the spiking cases of COVID-19 sweeping the country, general order No. 2020-15 was issued reauthorizing the use of video conferencing, or alternatively, telephone conferencing, in this District for the criminal proceedings specified in §§ 15002(b)(1) and 15002(b)(2) of the CARES Act, including felony guilty plea and sentencing hearings, as to which the court continues to find that such hearings cannot be conducted in person without seriously jeopardizing public health and safety. This reauthorization will expire on September 27, 2020.
On July 10, 2020, due to the spiking cases of COVID-19 sweeping southwest Virginia, the Court issued a Standing order amending Standing orders 2020-10 and 2020-15. This standing order announced the Court will be postponing the resumption of criminal jury trials in this district until August 31, 2020. In addition, the Court is also excluding the time period prior to August 31, 2020 from the Speedy Trial Act calculation pursuant to 18 U.S.C. § 3161(h)(7)(A).
http://www.vawd.uscourts.gov/media/31967083/amended-so-2020-10-and-2020-14.pdf
On September 18, 2020, the Court issued a Standing order temporarily SUSPENDING all naturalization ceremonies scheduled to be performed in this district on or before October 30, 2020. During this temporary period of suspension and until further Order of this Court, the Attorney General of the United States, acting through the United States Citizenship and Immigration Services (USCIS), may administer the Oath of Allegiance to all applicants for naturalization residing in the Western District of Virginia. See 8 U.S.C. § 1421.
On September 28, 2020, the Court issued another order reauthorizing the use of video conferencing, or alternatively, telephone conferencing, in this District for the criminal proceedings specified in §§15002(b)(1) and 15002(b)(2) of the CARES Act, including felony guilty plea and sentencing hearings, as to which the Court continues to find that such hearings cannot be conducted in person without seriously jeopardizing public health and safety. This reauthorization will expire on December 26, 2020.
On October 30, 2020, the Court issued an order declaring all in-person federal court hearings scheduled in the Poff Federal Building in Roanoke, Virginia are postponed until Monday, November 9, 2020. Except as necessary to maintain essential court operations, all federal court staff are directed to work remotely during this period. All telephonic and videoconference hearings will proceed as scheduled.
On December 2, 2020, the Court issued an order declaring all Jury Trials have been postponed until March 1, 2021.
Statewide Declaration of Judicial Emergency
The Chief Justice of the Supreme Court of Virginia has issued a declaration of judicial emergency, which is currently extended through June 7, 2020. A copy of the latest order extending the emergency period can be found at: http://www.vacourts.gov/news/items/covid/2020_0506_scv_order.pdf.
The Supreme Court of Virginia also clarified the provisions regarding the tolling of deadlines on May 6, 2020 as part of the Order. The Court unanimously ordered that the tolling provisions of the March 16, March 27, and April 22, and May 1, and June 1 2020 emergency orders, toll the running of any statutory speedy trial period applicable to criminal prosecutions in the courts of the Commonwealth of Virginia from March 16 until June 28 or later if further extended by this Court.
On June 1, 2020 the Supreme Court of Virginia entered the Fifth Order Modifying and Extending Declaration of Judicial Emergency in Response to COVID-19, extending the judicial emergency through June 28, 2020 for all district and circuit courts.. Consistent with the May 12, 2020 Fourth Order, all courts may hear in-person non-emergency matters and non-jury cases if they determine it is safe to do so, and provided they comply with the guidance for transitioning from emergency to routine operations provided by the Office of the Executive Secretary in order to minimize the risk of the spread of COVID-19 from in-person court proceedings. Additionally, the order states that all persons aged 10 or over entering the courthouse must wear a face covering.. In the courtroom, the presiding judge may authorize removal of a face mask to facilitate a proceeding.
http://www.vacourts.gov/news/items/covid/2020_0601_scv_amendment_to_fifth_order.pdf
On June 8, 2020 the Supreme Court of Virginia amended the Fifth Order Modifying and Extending Declaration of Judicial Emergency in Response to COVID-19. This amendment suspended and continued all residential unlawful detainer actions and the issuance of writs of eviction pursuant to Va. Code § 17.1-330 through June 28.
http://www.vacourts.gov/news/items/covid/2020_0608_scv_amendment_to_fifth_order.pdf
On June 22, 2020 the Supreme Court of Virginia entered the Sixth Order Modifying and Extending Declaration of Judicial Emergency in Response to COVID-19, extending the judicial emergency through July 19, 2020 for all district and circuit courts. The order reads as follows:
- Courts shall continue to prioritize emergency matters
- Effective June 29, 2020, courts may resume hearing all unlawful detainer actions and issuing writs of eviction.
- Courts should continue to conduct as much business as possible by means other than in-person court proceedings. In all civil and criminal matters, courts are encouraged to continue and even increase the use of video conferencing, teleconferencing, email, or other means that do not involve in-person contact.
- Deadlines imposed by the Speedy Trial Act, Va. Code § 19.2-243, are tolled during the ongoing Period of Judicial Emergency (March 16, 2020, through July 19, 2020).
- All courts are authorized to accept pleadings, orders and other documents that are electronically signed, including those where the electronic signature is accomplished by scanning.
- All civil and criminal jury trials are suspended and shall be continued, and no jury trials shall occur in the Commonwealth for the duration of this Order.
- Judges should continue to exercise their discretion with regard to holding grand jury proceedings.
http://www.vacourts.gov/news/items/covid/2020_0622_scv_sixth_order.pdf
On July 8, 2020 the Supreme Court of Virginia entered the Seventh Order Modifying and Extending Declaration of Judicial Emergency in Response to COVID-19, extending the judicial emergency through August 9, 2020 for all district and circuit courts. The Seventh Order states that the provisions of the Sixth Order, entered on June 22, 2020, shall continue to apply in all courts of the Commonwealth, except as provided in this Seventh Order. The provisions of the Sixth Order, as amended and modified by the Seventh Order, are as follows:
- Deadlines imposed by the Speedy Trial Act, Va. Code § 19.2-243, are tolled during the ongoing period of judicial emergency (March 16, 2020 through August 9, 2020)
- Plans for restarting jury trials shall be submitted by Chief Circuit Court Judges to the Chief Justice. Jury trials may be held as soon as the plan has been submitted and approved by a panel of three Justices in consultation with the Office of the Executive Secretary. No jury trials shall occur in any locality in the Commonwealth for the duration of this Order, unless and until the plan applicable to the locality has been approved by the panel
- Beginning on July 20, 2020, for cases in the district and circuit courts, there shall be no further tolling of statutes of limitation or other case related deadlines.
- Beginning July 20, 2020, there shall be no further tolling of deadlines regarding filings made pursuant to Part Five of the Rules of the Supreme Court of Virginia with the clerk of the circuit court as well as the filing of the petition for appeal in the Supreme Court under Rule 5:17(a)(1).
- The tolling period as a result of the Judicial Emergency for such statutes of limitation and deadlines shall be limited to March 16, 2020 through July 19, 2020.
http://www.vacourts.gov/news/items/covid/2020_0708_scv_seventh_order.pdf
On July 29, 2020 the Supreme Court of Virginia entered the Eighth Order that unanimously extends the Declaration of Judicial Emergency through August 30, 2020, and ordered that the provisions of the Seventh Order Extending Declaration Of Judicial Emergency In Response To Covid-19 Emergency, entered on July 8, 2020 (Seventh Order), shall continue to apply in all courts of the Commonwealth for the duration of the Order unless amended by future order.
http://www.vacourts.gov/news/items/covid/2020_0728_scv_eighth_order.pdf
On August 7, 2020 the Supreme Court of Virginia issued an amendment to the Eighth Order stating that effective August 10, 2020, and through September 7, 2020, pursuant to Va. Code § 17.1-330, the issuance of writs of eviction pursuant to unlawful detainer actions is suspended and continued. However, this suspension and continuation shall not apply to writs of eviction in unlawful detainer actions that are unrelated to the failure to pay rent.
http://www.vacourts.gov/news/items/covid/2020_0807_scv_amendment_to_eighth_order.pdf
On August 20, 2020, the Supreme Court of Virginia entered the Ninth Order that extended the Declaration of Judicial Emergency through September 20, 2020, and ordered that the provisions of the Eighth Order Extending Declaration Of Judicial Emergency In Response To Covid-19 Emergency, entered on July 29, 2020 (Eighth Order), shall continue to apply in all courts of the Commonwealth for the duration of the Order unless amended by future order.
http://www.vacourts.gov/news/items/covid/2020_0820_scv_order_ninth_extending_declaration_of_judicial_emergency.pdf
On September 4, 2020, under the constitutional, statutory, and inherent authority of the Supreme Court of Virginia, the Court extended the Declaration of Judicial Emergency through October 11, 2020, and ordered that the provisions of the Ninth Order Extending Declaration of Judicial Emergency in Response to Covid-19 Emergency, entered August 20, 2020 (Ninth Order), shall continue to apply in all courts of the Commonwealth for the duration of this Order unless amended by future order. This Order shall be in effect from September 21, 2020 through October 11, 2020. Accordingly, the Period of Judicial Emergency now extends from March 16, 2020, through October 11, 2020.
On September 11, 2020, the Court unanimously ordered that the tolling of the running of any statutory speedy trial period applicable to criminal prosecutions in the courts of the Commonwealth of Virginia is not affected by approval by two members of a panel of three Justices of the Court of any plan to restart jury trials, and this tolling of the statutory speedy trial period shall continue to be unaffected by approval of such plans, unless amended by future order.
http://www.vacourts.gov/news/items/covid/2020_0911_scv_order_second_clarification.pdf
On September 28, 2020, the Supreme Court of Virginia emphasized that pursuant to Va. Code § 17.1-330, all courts continue to be authorized to accept pleadings, orders and other documents that are electronically signed, including those where the electronic signature is accomplished by scanning, to include acceptance of pleadings, motions, and other case-related filings submitted by facsimile or email by litigants and attorneys in order to help reduce the potential for transmission of the COVID-19 virus.
On October 19, 2020, the Supreme Court of Virginia entered its twelfth order that unanimously extended the Declaration of Judicial Emergency through November 22, 2020, and ordered that the provisions of the Eleventh Order Extending Declaration of Judicial Emergency In Response To Covid-19 Emergency, entered September 28, 2020 (Eleventh Order), shall continue to apply in all courts of the Commonwealth for the duration of this Order unless amended by future order.
http://www.vacourts.gov/news/items/covid/2020_1019_scv_order_twelfth_extending_declaration_of_judicial_emergency.pdf
On November 9, 2020, the Supreme Court of Virginia entered its thirteenth order that unanimously extended the Declaration of Judicial Emergency through December 13, 2020, and ordered that the provisions of the Twelfth Order Extending Declaration of Judicial Emergency In Response To Covid-19 Emergency, entered October 19, 2020 (Eleventh Order), shall continue to apply in all courts of the Commonwealth for the duration of this Order unless amended by future order.
http://www.vacourts.gov/news/items/covid/2020_1109_scv_thirteenth_order_extending_declaration_of_judicial_emergency.pdf
On December 3, 2020, the Supreme Court of Virginia entered its Fourteenth order that unanimously extended the Declaration of Judicial Emergency through January 3, 2021, and ordered that the provisions of the Thirteenth Order Extending Declaration of Judicial Emergency In Response To Covid-19 Emergency, entered November 9, 2020 (Thirteenth Order), shall continue to apply in all courts of the Commonwealth for the duration of this Order unless amended by future order.
http://www.vacourts.gov/news/items/covid/2020_1203_scv_order_fourteenth_extending_declaration_of_judicial_emergency.pdf
On December 18, 2020, the Supreme Court of Virginia entered its Fifteenth Order that unanimously extended the Declaration of Judicial Emergency through January 24, 2021, and ordered that the provisions of the Fourteenth Order Extending Declaration of Judicial Emergency In Response To Covid-19 Emergency, entered December 3, 2020 (Fourteenth Order), shall continue to apply in all courts of the Commonwealth for the duration of this Order unless amended by future order.
http://www.vacourts.gov/news/items/covid/2020_1218_scv_order_fifteenth_extending_declaration_of_judicial_emergency.pdf
Fairfax County Circuit Court
On May 18, 2020, the Circuit Court issued its first transition plan.
- In civil cases, starting on June 1, 2020, the Court will hear presently scheduled matters and any new, properly noticed matters via video or teleconference. Trials are limited to matters lasting two days or less. The Court resumed its Friday civil non-evidentiary motions practice. Civil evidentiary motions may be scheduled Mondays through Fridays. Parties may continue to request rulings on any motion based on the filed briefs by waiving oral argument. Jury trials may be scheduled starting August 3, 2020.
- In criminal cases, starting on June 1, 2020, the Court will resume its Friday criminal motions practice. No jury trials will occur until August 3, 2020.
https://www.fairfaxcounty.gov/circuit/sites/circuit/files/assets/documents/pdf/fairfax-cir-ct-first-transition-plan-051820.pdf
On May 18, 2020, the Circuit Court issued an order requiring face coverings.
- Temporary Procedure to Request Waiver of Oral Argument.
The court has implemented a temporary procedure whereby parties may submit motions to be ruled on without oral argument or a court appearance.
https://www.fairfaxcounty.gov/circuit/procedures-to-waive-oral-argument
For any matter that cannot be continued, courtroom attendance is limited to attorneys, parties, necessary witnesses, interpreters, court personnel and court reporters, bailiffs, and members of the press where permitted by law. Thus, Fairfax County Circuit Court is maintaining a limited right of public access during the pandemic.
The courts are transitioning to having defendants from the ADC be present in the courtrooms for sentencing hearings and evidentiary criminal motion proceedings. Counsel for defendants who are not out on bond and who also wish to be in the courtroom for their sentencing hearing should advise the court in a timely fashion so that the court and the sheriff can make the appropriate arrangements to have their clients present in the courtroom. Defendants who are on bond are expected to be present in the courtroom for their hearings unless excused by the court.
On July 15, 2020, pursuant to the Supreme Court of Virginia’s Fifth, Sixth, and Seventh Orders “modifying and Extending Declaration of Judicial Emergency in Response to Covid-19 Emergency,” as amended, the Fairfax Circuit Court announced their Second Transition Plan. Highlights of the transition plan are as follows:
- All Civil hearings, except for proceedings relating to protective orders, shall be Remote Hearings, absent leave of Court for good cause shown.
- Civil trials are limited to matters lasting four days or less until further notice.
- No Jury Trials for both civil and criminal will occur until further notice.
https://www.fairfaxcounty.gov/circuit/sites/circuit/files/assets/documents/pdf/fairfax-cir-ct-second-transition-plan-071620.pdf
On September 17, 2020, the Fairfax Circuit Court has approved to begin conducting jury trials again. The first cases to be heard will be criminal cases. The court has been approved to schedule two jury trials per week and have approximately 44 incarcerated defendants.
https://www.fairfaxcounty.gov/circuit/sites/circuit/files/assets/documents/pdf/fairfax-circuit-court-rev-jury-plan-9-15-2020.pdf
On September 23, 2020, the Fairfax Circuit Court released procedures for rescheduling cases and a list of available trial dates.
https://www.fairfaxcounty.gov/circuit/sites/circuit/files/assets/documents/pdf/fairfax-cir-ct-process-for-rescheduling-cases-from-covid-091820.pdf
Alexandria Circuit Court
- Suspension of Trials and Motions. All civil and criminal trials are suspended through June 28, 2020, consistent with the Supreme Court of Virginia’s Order extending the declaration of judicial emergency
Alexandria Circuit Court is organizing a civil motions day docket for June 24, 2020 to hear non evidentiary motions by remote hearing. Due to Covid-19, any cases that are not filed by 3:00 p.m. on Friday, June 5th will not be considered for this docket. For motion day scheduled on 7/8/2020, any motions that are not noticed by 3:00 p.m. on Friday, June 19, 2020 will not be considered for this docket. Criminal motions are likewise suspended through June 28, 2020, with the exception of bond motions and bond appeals, which will be held via videoconference. Parties with emergency matters are instructed to contact Judges’ Chambers.
- Clerk’s Office Closed. The Clerk’s Office is closed to walk-in service, and parties are encouraged to mail in pleadings.
https://www.alexandriava.gov/uploadedFiles/circuit_court/AlexandriaCircuitCourtFourthRevisedMemorandum.pdf
Arlington Circuit Court
- Suspension of Trials. All civil trials are suspended, with status conferences to occur throughout June 2020. See https://arlingtonva.s3.amazonaws.com/wp-content/uploads/sites/9/2020/04/COVID-19-Civil-Cases-4-8-2020.pdf.
- Suspension of Motions and Other Matters. All civil and criminal motions are suspended and may be re-noticed pursuant to the court’s local rules.
https://arlingtonva.s3.amazonaws.com/wp-content/uploads/sites/9/2020/03/17th-Jud-Cir-Cts-3_18-20Updated-COVID-19-Memo-Final-Version.pdf
- Clerk’s Office Closed. The Clerk’s Office is closed to walk-in service, and parties are encouraged to mail in pleadings.
- Starting June 8 2020, non-evidentiary motions will be conducted through Microsoft Teams.
- On June 8, 2020, the courts released “The 17th Judicial Circuit First Interim Plan to Resume Trials and Hearings.”. This release read as follows:
- Through September 3, 2020. All jury trial scheduled to commence prior to September 4, 2020 will be removed from the docket and rescheduled.
- Through September 3, 2020. All bench trials scheduled to commence prior to September 3, 2020 will proceed as scheduled with the expectation that the Court may schedule video hearings.
- The regular Friday Civil Motions Docket has resumed, and the Court’s local rules continue to apply.
- All jury trials scheduled in June will be converted to a status hearing to reschedule the matter for jury or such other trial, hearing or disposition as may be appropriate.
- Bench trials and pleas currently scheduled will proceed as docketed.
Effective September 8, 2020, the Circuit Court Clerk’s office will open for walk-ins daily from 8:30 am – 12:30 pm. Considering the COVID pandemic, visitors are encouraged to use remote processes as much as possible.
On October 21, 2020, the Arlington Circuit Court approved the extensive plan to resume jury trials.
https://arlingtonva.s3.amazonaws.com/wp-content/uploads/sites/9/2020/10/Approved-Jury-Resumption-Plan-10-21-20-.pdf
