In domestic cases, how are final hearings or motions requiring more than 30 minutes scheduled?
Spotsylvania
You may call the Chambers of the Judge to whom the case is assigned. If you do not know which Judge has the case, you can call either office or the Clerk to get that information.
Caroline
Term Day.
Fredericksburg
Final hearings are set at Civil Term Day – the fourth Monday in the months of January, April, July and October.
Motions requiring 30 minutes or more are scheduled by counsel through chambers.
Stafford
These matters are scheduled through chambers of the Judge to whom the case is assigned.
Do the parties need to appear with counsel to schedule such hearings?
Spotsylvania
If it is Judge Beck’s case AND you are unable to set the case through Chambers, your client needs to appear unless excused in advance.
Caroline
No.
Fredericksburg
No. The parties do not need to appear at Term Day if they are represented by counsel and counsel will be present at Term Day.
Stafford
No.
When are Judicial Settlement Conferences normally required?
Spotsylvania and Caroline
Some form of alternate dispute resolution will be required unless excused for good cause.
Fredericksburg
Judicial Settlement Conferences are not “required” at this time but are ordered on a case-by-case basis. However, the parties are always encouraged to take advantage of this service, which is offered at no cost to them.
Stafford
Divorce cases scheduled for one full day or more are referred to Judicial Settlement Conference.
Parties may be excused (a) where one of the parties is proceeding pro se or (b) where the parties have engaged in, or intend to engage in private mediation/alternative dispute resolution.
Under what circumstances will the Court appoint a Commission in Chancery or a Judge Pro Tempore?
Judge Ellis (Spotsylvania and Caroline)
Will usually require a Commissioner in cases that cannot be heard within four hours.
Judge Beck (Spotsylvania)
Will usually require a Commissioner in very complex cases or cases which cannot be heard in a day.
Spotsylvania and Caroline
A Judge Pro Tempore will be appointed with the agreement of all parties.
Fredericksburg
Under the circumstances that comply with the statute.
Stafford
The Court appoints a Commissioner in Chancery as set forth in Section 8.01-607, Code of Virginia (1950) as amended and pursuant to Rule 3:23, Rules of the Supreme Court of Virginia.
Under what circumstances can cases be submitted to the Court based upon depositions?
Spotsylvania and Caroline
This process can be used when the issues to be decided are limited. Also, limited issues can be submitted by deposition while more contested issues in the same case are heard ore tenus.
Fredericksburg
Uncontested divorces may be submitted on depositions.
Stafford
Cases in divorce proceedings where the ground for divorce is separation in excess of six months/one year.
Does the Court require that a court recorder be present to record a final hearing?
Judge Beck (Spotsylvania)
Yes.
Judge Ellis (Spotsylvania and Caroline)
Not unless the case is set for four hours or more and not referred to a Commissioner.
Fredericksburg
No.
Stafford
No.