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Schedule Civil Motions and Uncontested Divorce Hearings
Schedule a Civil Motion Hearing
Until further notice, all CIVIL MOTIONS will be conducted on Wednesdays by remote electronic means (either video conference or teleconference) unless otherwise permitted or approved by the Court. Matters where witness testimony does not need to be presented and only legal arguments are being made may be conducted by teleconference; matters where witness testimony will be presented must be conducted by videoconference in accordance with Rule 1:27 of the Rules of the Supreme Court of Virginia. The Court will utilize Cisco WebEx (www.webex.com) for these purposes.
Any written briefs, agreed stipulations, depositions, or proposed exhibits must be exchanged, filed with the Clerk, and a copy e-mailed to email@example.com, at least 14 days before the hearing date. If the proposed exhibit(s) to be offered at the hearing total more than 20 pages, a hard copy of all proposed exhibits must be delivered to judges’ chambers at least 7 days prior to the hearing. It is the responsibility of counsel/litigants to ensure that all parties/witnesses are prepared to go forward and have the ability to connect or appear in the manner requested.
Counsel may schedule a hearing date, a minimum of two weeks in advance, online at www.cityofchesapeake.net/civilmotions. The online hearing request for WebEx hearings must list the names and e-mail addresses of all hearing participants (for both sides). Limited types of in-person hearings may be scheduled without pre-approval using the online form, for the following matters only: Default Judgment; Show Cause; Appointment of Guardian/Conservator; and matters where the opposing party is not represented by counsel, must be served with notice of the hearing, and the scheduling party does not have a valid email address for the opposing party. In all other cases, if counsel believes that an in-court hearing is necessary, it must be requested by letter to the duty judge (signed by counsel) at least 14 days in advance via e-mail to firstname.lastname@example.org at stating the reasons for the request, and then be subsequently approved by the hearing judge.
If the hearing is no longer necessary, by agreement, counsel must inform the Court by e-mail to email@example.com before 12:00 noon the day prior to the hearing. If a dispute exists as to whether a matter can or should be heard or regarding what remote mechanism is appropriate, counsel should contact Judges’ Chambers to schedule a phone conference with the judge.
Counsel and any parties or witnesses participating in a remote hearing (teleconference or video conference) will receive an invitation via e-mail for the WebEx hearing with the assigned time and duration in the afternoon the day prior to the hearing. Counsel must be ready to proceed at the assigned allotted time.
Counsel must comply with the requirements set forth in Rule 4:15 of the Rules of the Supreme Court
If counsel is instructed to submit an order memorializing a ruling of the Court, please include the hearing date and name of the hearing judge so that the order may be directed to the appropriate judge for entry.
Scheduling Uncontested Divorces:
An uncontested divorce in which notice is required to be given to the opposing party may be scheduled on the Wednesday 9:00 a.m. civil motions docket following the Court's normal civil motions docketing procedures. Please review the Court's Uncontested Divorce Manual prior to scheduling an uncontested divorce hearing. Forms for Uncontested Divorces can be found under the Divorce Manuals and Forms Section.
To schedule an Uncontested Divorce hearing, please complete the online scheduling form by clicking the "Schedule a Hearing" button below.
Contested Divorce Procedures:
For complete information regarding the Court's procedures for contested divorces, please see the Court's Contested Divorce Manual.
Removing A Civil Motion and Requesting a New Date:
To remove a civil motion from a date on which it has already been set, the party who originally set the motion must notify opposing counsel (or party if pro se) and submit the removal request via email to CivilMotions@cityofchesapeake.net.
The removal request should include:
- the date on which the motion(s) are currently scheduled;
- the names of the parties;
- the names of counsel;
- the case number;
- specifically which motions should be removed; and
- certification that you are the party who originally set the motion.
If a party has set multiple motions on the same date, the removal request should specify which motions should be removed. If both parties have set motions for the same date, both parties must submit removal requests to remove their respective motions. You will receive a confirmation email of the removal of the motion.
To request a new date after having removed a motion, you must follow the procedure for scheduling civil motions.
Requests for Emergency Hearings:
If counsel needs to request an emergency hearing date that is less than 15-days from the date of the request, or a hearing date that is not a Wednesday, counsel should fax a letter requesting the emergency hearing to the Duty Judge (copied to the opposing counsel).
Please include in the letter the reasons for needing to be heard on an emergency basis and the dates and times that both counsel are available. Please fax your request to 757-382-3080. After a ruling is made by the Duty Judge, you will be contacted by the Docket Administrator.
Emergency Hearings are only granted for good cause shown.
Motions to Continue Trial:
A party wishing to continue a trial should fax a letter to the Duty Judge to 757-382-3080 (copied to the opposing counsel) stating the reasons for the continuance and whether or not the opposing side is in agreement with the continuance. If the opposing side is not in agreement with the continuance, the letter should request a phone conference with the duty judge. You will then be contacted by the Docket Administrator concerning the continuance request.
If you need additional information or assistance, please email your inquiry to CivilMotions@cityofchesapeake.net or call 757-382-3074.