Motions

Motions for Discovery:

The following Local Rule of the Chesapeake Juvenile and Domestic Relations District Court, relative to Discovery under Rule 8:15 (c) of the Rules of the Supreme Court of Virginia, was made effective as of April 13, 2001.

All Discovery allowed under Part Four of the Rules of the Supreme Court of Virginia, except for depositions, shall be allowed in the Chesapeake Juvenile and Domestic Relations District Court, without leave of court or court order.

Motions to Compel discovery or sanctions shall be scheduled with the Clerk.

The Discovery, Answers, and Objections thereto shall not be filed in the Office of the Clerk unless the Court directs their filing on its own initiative or upon the request of any party prior to or during the trial. For the purpose of any consideration of the sufficiency of any answer or any other questions concerning the discovery materials, answers or objections thereto, copies of those documents shall be made available to the Court by counsel or those appearing pro se.

Motions for Bond Hearings:

1. If the bond motion is for a felony offense, a notice and motion must be received from the party's attorney or the defendant, if appearing pro se. The notice must indicate the commonwealth's attorney has been noticed of the scheduled court date. Please note the Commonwealth's Attorney requires seventy-two hour notice.

2. If the bond motion is not for a felony offense, a notice and motion must be received from the party's attorney or the defendant, if appearing pro se.

Motions for Detention Hearing:

1. If the detention motion is for a felony offense, a notice and motion must be received from the party's attorney or the defendant, if appearing pro se. The notice must indicate the commonwealth's attorney, the probation officer and the parents/guardians have been noticed of the scheduled court date. Please note the Commonwealth's Attorney requires seventy-two hour notice.

2. If the bond motion is not for a felony offense, a notice and motion must be received from the party's attorney or the defendant, if appearing pro se. The notice must indicate the probation officer and parents/guardians have been noticed of the scheduled court date.

Motions for Emergency Hearings:

The court will look at the following factors in making its decision to grant an emergency hearing:

1. whether there is an imminent or sudden danger that may involve one's health, safety, or well-being

2. whether this event can be adequately addressed without the intervention of the court

3. whether the request, if ex parte, would give the petitioner an unfair advantage

4. any other factors deemed relevant to the court's decision

A motion for emergency hearing received before 1:00pm will be referred the same day to the duty judge; any motions referred after 1:00pm will be referred to the duty judge within twenty-four (24) hours.