The Virginia Beach Circuit Court has two dockets for hearing motions: (1) the Friday Motion Docket and (2) the Duty Judge Docket.
Friday Motion Docket
The Friday Motion Docket begins at 9:30 a.m. for hearings that will take no more than 30 minutes. All hearings are scheduled for 9:30 a.m. and are heard as soon as possible thereafter. Matters may be set on that docket by submitting a Notice of Motion to the clerk’s office no later than the Monday before the Friday selected for hearing.
The following matter must be set on the Friday Motion Docket: Motion for Default Judgment.
Duty Judge Docket
The Duty Judge Docket is available for matters that will take no longer than 1 hour on Monday through Thursday and on Friday’s from 2:00 p.m. to 5:00 p.m. A “pendente lite” hearing cannot be scheduled after 4:00.
Certain matters as listed below must be set on the duty judge docket.
Matters will be set on a specific date and time and must be by agreement of all counsel or pro se party, if any, to the case. To set a matter on the Duty Judge Motion Docket, click on the "On-line Motion Docket" link on the right under Related Information and follow the instructions for scheduling hearings.
Part of the purpose of the duty judge docket is to allow the judges to prepare for the hearing ahead of time. Counsel should at least file a notice of what is to be heard and provide some minimal identification of what is at issue and/or the basis for the motion. The goal is to rule on your case at the time of the hearing.
The following matters must be set on the Duty Judge Docket:
- Infant Settlements (All counsel of record must be present).
- Pretrial Conferences (If requested by counsel or a judge).
- Petition by person to celebrate the rites of marriage. Motions that will take longer than 30 minutes but less than 1 hour.
- Hearing on an appeal of decision of a state agency under the Administrative Process Act if the hearing will take less than 1 hour. NOTE: If hearing will take more than 1 hour, must be set on the trial docket.
- “Ceremonial” Adoption. Defined as an adoption that is uncontested without any evidence having to be produced and the party wants to have entry of adoption order before a judge (limited to 30 minutes).
- Uncontested Guardian/Conservator appointments and Petitions to Transfer Guardian/Conservatorships.
- Judicial Authorization for Medical Treatment.
- Waiver of Court Reporter at trial in a civil case.
- Pre-trial Conferences in Contested Divorces (limited to 30 minutes).
- Petition for Sterilization.
List of matters that may be set on either the FRIDAY MOTION DOCKET (30 minutes or less) or the DUTY JUDGE DOCKET (no more than 1 hour):
1. Discovery issues.
2. Contested Continuance Motions (All counsel must appear or arrange to be present by a telephone conference call).
3. Pendente lite (temporary) visitation and support hearings.
4. Exceptions to Commissioner’s Report (Must have Court Reporter. Contact judicial assistant of the judge assigned to the exceptions to set at 385-4501 option 2.)
5. Notice of Entry of a Final Decree if already heard by judge or commissioner. Note: Entry of final divorce decree may only be set on the duty judge docket after notification to counsel from a law clerk or approved by judge.
6. Ex parte hearings provided by statute (i.e. temporary injunctions, detinue hearings under § 8.01-114 and issuance of an attachment under § 8.01-540).
7. Petition for Declaration of Assumed Death.
8. Petition for Writ of Mandamus.
9. Petition for Show Cause.
10. Claim of Exemption from a Levy.
11. Motion to Consolidate (If all parties agree, submit an agreed order in lieu of a hearing).
12. Motion for Distribution of funds out of an estate; Motion for Aid and Direction in Disposing of Assets; Motion to Edit Depositions; Motion in Limine; Motion to Dismiss, Quash, Stay or a Demurrer; Motion to Withdraw as Counsel; Motion for Plea in Bar; Motion for Statute of Limitations; Motion for Sanctions; Motion for Summary Judgment; Motion to Amend Pleading; Motion to Crave Oyer; Motion for Sovereign Immunity; Motion for Bill of Particulars and Motion to Increase Ad Damnum.
Chief Judge’s Duty Docket Only:
1. Request that the record be sealed
Duty Judge Docket Only:
1. Written Motion for an ex parte hearing for a judge to consider a waiver of the notice requirement involving the name change of a minor.
2. An adult name change when the law clerk sends a notice advising the applicant that he/she must schedule a hearing because the name on the ID provided with the application does not match the applicant’s current legal name
Friday Motion Docket or the Duty Judge Docket:
1. Name change of a minor if a parent’s consent is missing but the matter is not contested
Matters set on the trial docket unless approved by a judge to be set on the duty judge docket:
1. Contested Name Change of a Minor.
2. Contested Guardian/Conservator Appointment.
3. Contested Motion for Custody pendente lite.
4. Contested Adoptions including those that require proof of abandonment.
Revised July 25, 2011