Circuit Court Local Procedures - Criminal

CRIMINAL LOCAL PROCEDURES FOR Circuit Court of Alexandria - for attorneys and pro se litigants - criminal cases.
Page updated on December 13, 2024 at 8:33 AM
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LOCAL PROCEDURES - CRIMINAL

CRIMINAL local procedures

including calendar of available trial slots, are on this webpage (scroll down for each topic).

 

UPDATE effective 8/29/2024

due to Alexandria Circuit Court's transition to the Supreme Court of Virginia’s caseload management system.  The Court’s criminal local procedures will be revised in the near future to include these updated instructions.  Call Judges' Chambers at 703.746.4123 if you have any questions. 

(1)      INSTRUCTIONS  effective 8/29/2024

(2)      BOND APPEALS.   Form DC370 (Notice of Appeal-Criminal) to be filed in the GDC or JDR Clerk’s office. If the defendant is in custody, counsel shall also file a Custodial Transportation Order with the Circuit Court Clerk's office.  

(3)     CUSTODIAL TRANSPORTATION ORDER.  Form DC354 to be filed in the Circuit Court Clerk's office if the defendant is in custody.

(4)    FILING DEADLINES.  

             *  Constitutional and substantive motions - filed by 12:00 p.m. on Friday two weeks prior to CW Day with a mandatory copy delivered to Judges' Chambers' 4th floor drop box.

             *  Non-constitutional and non-substantive motions - filed by 12:00 p.m. on Friday one week prior to CW Day with a mandatory copy delivered to Judges' Chambers' 4th floor drop box.

             * All other motions (including bond appeals) shall be filed by 1:00 p.m. on the Tuesday prior to CW Day with a mandatory copy delivered to Judges' Chambers' 4th floor drop box. The earlier deadline is to allow time for docket preparation. If counsel is unable to meet the Tuesday deadline for filing a bond motion, counsel may call Judges' Chambers at 703.746.4123 to discuss setting the bond motion for another date.

(5)      PRAECIPE-CRIMINAL CASES Alexandria Circuit Court's mandatory praecipe (pdf fillable form) to schedule a matter on a CW Day docket shall be filed in the Circuit Court Clerk's office and a mandatory copy delivered to Judges' Chambers' 4th floor drop box. If the defendant is in custody, counsel shall also file a Custodial Transportation Order with the Circuit Court Clerk's office.  

 

 

CIVIL local procedures

including Motions Day instructions, are located at https://www.alexandriava.gov/CircuitCourt.

1. CONTACT INFORMATION

Refer to Civil Local Procedures at www.alexandriava.gov/CircuitCourt

2. AMERICANS WITH DISABILITIES ACT (ADA)

Refer to the civil local procedures for information.

3. BOND MOTIONS AND BOND RECONSIDERATIONS

(updated 5/31/2023)

 

A. BOND ORDER must be brought to hearing

**MANDATORY:  Counsel shall bring a proposed bond order to the hearing. **

The proposed bond order shall include blank lines to be completed by the judge if the bond motion is granted. Judges are not always available after the hearing, which may result in a delay of the bond order being entered. 

If a bond hearing is held at any time other than on a CW Day docket, a courtroom clerk may not be present at the hearing. Therefore, it is imperative that the order be presented and entered at the bond hearing.

    Proposed Bond Order    

B.   (PREFERRED)  CW DAY DOCKET (including first Thursday) at 10:00 a.m.

  • Judge's permission is not required to docket a bond motion on any CW Day docket. 
  •  If bond is granted, the bond order (which counsel brings to the hearing) will be entered in court at the hearing.  If counsel does not have a proposed order at the hearing, an order will not be entered and defendant's release will possibly be delayed (judges are not always available to enter bond orders after the hearing). 

 

PROCEDURE AND DEADLINE TO DOCKET A BOND MOTION on A CW DAY DOCKET

  • Preceding Friday at 12:00 p.m. for the CW Day docket (including First Thursday) - The deadline for bond motions to be added to the CW Day Docket is the preceding Friday at 12:00 p.m.  Attorneys must file their motions with the Clerk of Circuit Court (Room 307), and deliver a hard copy to the Commonwealth's Attorney (Room 301) and Judges' Chambers' 4th floor drop box by 12:00 p.m. for the motion to be included on the CW Day docket that is distributed on Friday afternoon preceding the CW Day. 
  • Preceding Wednesday at 1:00 p.m. for the Revised CW Day docket - The deadline for bond motions to be added to the Revised CW Day Docket is the preceding Wednesday at 1:00 p.m. Attorneys must file their motions with the Clerk of Circuit Court (Room 307), and deliver a hard copy to the Commonwealth's Attorney (Room 301) and Judges' Chambers' 4th floor drop box by 1:00 p.m. for the motion to be included on the Revised CW Day Docket that is distributed on Thursday morning of the CW Day. 
    • For attorneys who cannot file a written bond motion by 1:00 p.m., the bond motion will be docketed if:
      • Prior to 1:00 p.m. - An email is sent to the Commonwealth's Attorney prior to 1:00 p.m. including the Defendant's name and all case numbers (especially important for the docket and jail records); and
      • Prior to 2:30 p.m. - A hard copy of the bond motion is received by the Commonwealth's Attorney (Room 301) and Judges' Chambers' 4th floor drop box prior to 2:30 p.m.
      • If the written pleading is not received by 2:30 p.m. - The matter will not be docketed.

 

AT THE HEARING

  • If bond is granted, the bond order (which counsel brings to the hearing) will be entered in court at the hearing.  If counsel does not have a proposed order at the hearing, an order will not be entered and defendant's release will possibly be delayed (judges are not always available to enter bond orders after the hearing). 

 Proposed Bond Order 

C.   On a DAY OTHER THAN A THURSDAY - for good cause only, with judge's permission, and if a court reporter is already scheduled to be present

  • Judge's permission IS REQUIRED to docket a bond motion on any day other than a Thursday. 
  • Judges' permission is granted 
    • (a) for good cause only; and
    • (b) if there is a 9:00 docket already scheduled; and
    • (c) if a Court Reporter is already scheduled to be present for a 9:00 a.m. criminal docket.

  •  If bond is granted, the bond order (which counsel brings to the hearing) will be entered in court at the hearing.  If counsel does not have a proposed order at the hearing, an order will not be entered and defendant's release will possibly be delayed (judges are not always available to enter bond orders after the hearing). 

 

 

PROCEDURE AND DEADLINE TO DOCKET A BOND MOTION on A DAY OTHER THAN A THURSDAY

Preceding day at 1:00 p.m.  is the deadline to docket. 

(1)   Prior to the deadline, and before calling Judges' Chambers to docket the motion, 

  • Counsel shall coordinate with opposing counsel or Commonwealth’s Attorney and confirm availability to attend a 9:00 a.m. bond hearing.
  • Counsel shall obtain several available dates from opposing counsel.  

(2)    Call Judges’ Chambers (703.746.4123) for permission to docket the bond motion.

(3)    File the bond motion and notice with the Clerk of Court (Room 307).

(4)   Prior to 1:00 p.m., deliver a courtesy copy (hard copy) of the bond motion and notice to the opposing counsel or Commonwealth's Attorney (Room 307); and Judges' Chambers' 4th floor drop box.

(5)   Bring proposed order to the hearing.  If bond is granted, the bond order (which counsel brings to the hearing) will be entered in court at the hearing.  If counsel does not have a proposed order at the hearing, an order will not be entered and defendant's release will possibly be delayed (judges are not always available to enter bond orders after the hearing). 

 Proposed Bond Order 

 

D.   BOND RECONSIDERATIONS

  • Judge's permission IS REQUIRED to docket a reconsideration motion. See Procedure below.

 

PROCEDURE AND DEADLINE TO DOCKET A BOND RECONSIDERATION

(1) DEADLINE TO DOCKET (after Judge's permission is received):

  • Preceding Friday at 12:00 p.m. for the CW Day Docket, including First Thursday.
  • Preceding Wednesday at 1:00 p.m. for the Revised CW Day Docket.

(2)    Written letter to the Judge to request permission to docket.   The letter shall state any new information that should be brought to the Judge's attention that supports the reconsideration request.

  • The letter shall be filed with the Clerk of Circuit Court (Room 307), and a hard copy delivered to the Commonwealth's Attorney (Room 307) and Judges' Chambers' 4th floor drop box. 

(3)   Judge's Decision to Docket - Counsel will be notified of the Judge's decision by a court administrator.

  • If permission is granted, the motion shall be docketed on a CW Day. 

(4)  At the hearing - If bond is granted, the bond order (which counsel brings to the hearing) will be entered in court at the hearing.  If counsel does not have a proposed order at the hearing, an order will not be entered and defendant's release will possibly be delayed (judges are not always available to enter bond orders after the hearing). 

 Proposed Bond Order 

 

4. CALENDARS

(updated 4/4/2024)

A.   ANNUAL COURT CALENDAR

The annual court calendar is issued by Judges’ Chambers and is updated throughout the year as needed.  The annual calendar includes holidays and early court closures, and information for Civil and Criminal dockets.

  • Civil dockets: Civil Motions Day, Status Conferences, Selection of Trial Dates for GDC and JDR appeals, and Term Day. 
  • Criminal dockets: Commonwealth Day (both First Thursday and Regular CW Days), Grand Jury, and Traffic and Misdemeanor Appeals Docket ("TMAD"). 

 

2024 calendarfor Alexandria Circuit Court posted on 5/22/2024.

 

B.   CRIMINAL - LIST OF AVAILABLE CRIMINAL TRIAL SLOTS  

   List of Available Criminal Trial Slots   updated/posted  12/13/2024 at 8:30 a.m.      (Next update: after 12/19/2024 Commonwealth Day)

 Counsel are encouraged to call Judges’ Chambers (703.746.4123) if additional trial slots are needed and are not included on the published list.

  1. The published list is updated weekly, and is effective for the next seven (7) days.
  2. Are additional trial dates needed?  Counsel are encouraged to call Judges’ Chambers (703.746.4123) to discuss available trial dates that may not be on the published list.
  3. Double-booking of trial dates is not permitted.  
  4. “Holds" - To hold a date in the Court's red docket book, counsel may call Judges' Chambers at 703.746.4123 or email the court administrators (to avoid double-booking of trial dates). Emails for the court administrators are included above in “Contact Information” section.

  

5. CONTINUANCE REQUESTS FOR TRIALS IN CRIMINAL CASES

(posted 4/4/2023)

Continuance requests FOR CRIMINAL TRIALS are granted by permission of a Judge upon good cause.

Continuance orders for criminal trials will not be entered unless a continuance motion has been heard by a judge on a CW Day docket.

All continuance motions regarding criminal trials shall be docketed for a CW Day (including the First Thursday docket).   Refer to “Deadlines for Filing/Docketing on CW Day Docket”.

 

PROCEDURE

A.     FILE A CONTINUANCE MOTION AND NOTICE with the Clerk of Court (Room 307). Counsel shall file a written motion to continue, clearly stating the reason for the continuance request and whether opposing counsel agrees or objects to the continuance request.

B.     FILE A PROPOSED ORDER (with the new trial date left blank)  with the Clerk of Court (Room 307).

C.     DOCKET THE MOTION - Prior to the deadline, contact the Commonwealth's Attorney's office to docket the motion. 

D.    DEADLINE TO DOCKET: 

               (1) Preceding Friday at 12:00 p.m. for the CW Day Docket, including First Thursday.

                (2)  Preceding Wednesday at 1:00 p.m. for the Revised CW Day Docket (formerly known as "Addendum")

E.    COURTESY COPIES

          (1) Provide a courtesy copy to opposing counsel. Refer to "Courtesy Copies" section for guidance.

          (2) Deliver a courtesy copy to Judges' Chambers' 4th floor drop box.

F.        Refer to “Trials -Set-Date Hearings” procedure to select a new trial date.

6. COURTESY COPIES

 (updated 5/31/2023)

After filing the original notice, motion, and/or response in the Clerk’s office,  a courtesy copy is required to be delivered to:

  1. Judges’ Chambers – 4th floor drop box next to Judges’ Chambers’ door; and
  2. Opposing counsel or Commonwealth’s Attorney.

                **  For the Commonwealth’s Attorney – To ensure timely docketing of any motion, the Commonwealth’s Attorney requests counsel also (1) email a digital copy of the motion and notice to the attention of (a) the case prosecutor; (b) any deputy Commonwealth’s Attorney; and (c) Evelyn Euceda at Evelyn.Euceda@alexandriava.gov

7. DEADLINES AND DOCKETING ON CW DAY DOCKET

 (updated  4/4/2023)  

A.        CW Day docket 

To place a case on the CW Day docket, counsel shall

(1)        Contact the Commonwealth’s Attorney’s Office (703.746.4100) prior to the following deadlines. **  If a holiday occurs in the week prior to the deadline, the deadline is advanced one day for each business day the Court is closed.

(2)        File the motion and notice with the Clerk of Court in Room 307;

(3)        Provide a courtesy copy of the motion and notice to opposing counsel; and

(for the Commonwealth’s Attorney: To ensure timely docketing of any motion, the Commonwealth’s Attorney requests counsel also (1) email a digital copy of the motion and notice to the attention of (a) the case prosecutor; (b) any deputy Commonwealth’s Attorney; and (c) Eva Acosta at Eva.Acosta@alexandriava.gov.

(4)        Deliver a courtesy copy to Judges’ Chambers’ 4th floor drop box.

 

        1.         CW Day – Regular CW Day

        Thursdays at 10:00 a.m.    Two (2) to three (3) judge docket:  If 3 judges are scheduled, the ATC judge will need to conclude his/her docket by 12:30 p.m.

         Deadline:  Preceding FRIDAY at 12:00 p.m.  Bond motions, set-date motions, dispositions by plea and uncontested probation violations may be docketed after the deadline (see "Revised CW Day Docket" section). 

         Docket is published on Friday afternoon and will include all matters that have been properly docketed.   A "Revised CW Day Docket" will be republished on Thursday morning, and will include the entire CW Day docket for that specific day.

        Regular CW Day Docket includes: Matters lasting up to 2 hours.   Matters lasting more than 2 hours, depending on how many matters are scheduled to be heard on a particular CW Day docket. 

                      If a matter is expected to last more than 2 hours and cannot be accommodated on CW Day, then the matter shall be scheduled for a date-certain.

 

        2.         CW Day – Revised CW Day Docket (previously known as “Addendum”)

        Thursdays at 10:00 a.m. - Two (2) to three (3) judge docket:  If 3 judges are scheduled, the ATC judge will need to conclude his/her docket by 12:30 p.m.

        Deadline:  Preceding WEDNESDAY at 1:00 p.m.

        Docket is published on Thursday morning and will include all matters that have been properly docketed.

        (1) Matters that may be docketed without judge's permission -  bond motions; set-date motions; dispositions by plea; uncontested probation violations.

        (2) ALL OTHER MATTERS REQUIRE JUDGES' PERMISSION PRIOR TO DOCKETING ON THE REVISED CW DAY DOCKET.

        PROCEDURE - TO REQUEST PERMISSION TO DOCKET: 

           (1) Call Judges' Chambers (703.746.4123) for permission to schedule on the Revised CW Day docket. 

         (2)  If permission is granted, contact the Commonwealth’s Attorney's Office (703.746.4100) to advise that the Court has granted permission to docket.

         (3) File the motion and notice with the Clerk of Court (Room 307).

         (4) Deliver a courtesy copy to Judges’ Chambers’ 4th floor drop box  (same deadline as docketing deadline).

         (5) Provide a courtesy copy to opposing counsel  (same deadline as docketing deadline).

 

 

        3.         CW Day – First Thursday

       First Thursday of the month at 10:00 a.m.  (one-judge docket).  Two judges may share the courtroom if a second judge must hear a specific case and that judge is available.

       Deadline:  Preceding FRIDAY at 12:00 p.m.  Bond motions, set-date motions, dispositions by plea and uncontested probation violations may be docketed after the deadline (see "Revised CW Day Docket" section). 

        Docket is published on Friday afternoon and will include all matters that have been properly docketed.   A "Revised CW Day Docket" will be republished on Thursday morning, and will include the entire CW Day docket for that specific day.

      First Thursday Docket includes

         (a)  Matters lasting ONE HOUR OR LESS unless a judge grants permission allowing a lengthier matter to be scheduled.

         (b)   Time sensitive matters, as well as show cause hearings, dispositions by plea, and short motions.  

        (c)  Time-sensitive matters include bond motions; competency evaluation motions; continuance motions; expert funds motions;  furlough motions; jury election/waiver; motions in limine (if it is the last Thursday before the trial date); note counsel hearings; pleas within a week of the scheduled trial; reconsideration motions (if the judge approves docketing the motion, and the defendant can be transported); set-aside verdict motions (if approved in advance by a judge);  set-date motions; waiver of speedy trial motions; and withdrawal of counsel motions.

        (d)  Other matters may be docketed if specially set by a judge.

       Questions regarding First Thursday may be directed to the Chief Deputy Commonwealth’s Attorney at 703.746.4100 or by email to Cathryn.Evans@alexandriava.gov.

 

B.        MOTIONS

1.   CONSTITUTIONAL/SUBSTANTIVE

  • Constitutional or substantive motions shall be scheduled on a Regular CW Day docket only (not on the First Thursday or the Revised CW Day Docket).
  • To allow both sides adequate time to prepare, early deadlines have been established as follows.

 

      (a)   Friday at 12:00 p.m. 2 weeks prior to the hearing date  - filing and docketing deadline.

      (b)   Friday at 12:00 p.m. 1 week prior to the hearing date – Response deadline.

  • Courtesy copies shall be delivered to Judges’ Chambers and opposing counsel.  Refer to “Courtesy Copies” section for instructions.

 

 

2.    MOTIONS - NON-SUBSTANTIVE

  • Non-substantive motions, including motions in limine to exclude or to allow evidence, motions for discovery, motions to compel, etc.
  • Courtesy copies shall be delivered to Judges’ Chambers and opposing counsel.  Refer to “Courtesy Copies” section for instructions.
  • Deadline:

      (a)  Preceding Friday at 12:00 p.m. - filing and docketing deadline.

      (b)  Tuesday at 12:00 p.m. – Response deadline.

 

3.   SHORTER TIME FRAMES TO FILE OR RESPOND TO MOTIONS     

  • Counsel may agree to a shorter time frame within which to file motions.
  • In such instances, a courtesy copy of the motion shall be delivered to Judges’ Chambers’ 4th floor drop box.
  • If counsel are unable to agree, then, for good cause, counsel may seek leave of Court to file motions prior to the hearing

 

8. EMERGENCY ORDERS

(added 4/7/2023)

Circuit Court orders requiring immediate signature (i.e., a transport order for the next day's docket) must be filed with the Clerk of Court (Room 307), and then walked to Judges' Chambers for entry by a judge.  

Note that Judges' Chambers is open from 8:30 a.m. to 1:00 p.m., and then again from 2:00 p.m. to 4:00 p.m.

 

9. GRAND JURY

 (updated 8/17/2022)  

A Grand Jury is impaneled on the second Monday of every month at 9:00 a.m., except in May, when the schedule may change due to the Judicial Conference. Specific dates of the Grand Jury are included on the Circuit Court’s Annual Calendar (see "Calendars" section). 

 

GRAND JURY INDICTMENT  

After defense counsel receives notice of indictment by the Grand Jury,

  1. Defense counsel shall immediately contact the Commonwealth’s Attorney’s Office and case-prosecutor (703.746.4100) to schedule the next court event.
  2. All matters returned by the Grand Jury will appear on the set-date docket on the following Thursday (seven or eight  days after the Grand Jury) unless counsel have agreed on a trial date, date for disposition by plea, or otherwise scheduled the matter.
  3.  Agreed trial dates within 60 days - refer to "Scheduling Criminal Trials - Set Date Hearings” section. 

10. INCLEMENT WEATHER AND EMERGENCY CLOSURES FOR ALEXANDRIA CIRCUIT COURT

 (updated 8/17/2022)  

Refer to Civil Local Procedures at www.alexandriava.gov/CircuitCourt 

 

11. INTERPRETER SERVICES

(updated Feb 2023)

Refer to Civil Local Procedures at www.alexandriava.gov/CircuitCourt 

12. MOTIONS

(added 4/5/2023)  The following information is also included in the  "Deadlines and Docket on CW Day Docket" section. 

1.   CONSTITUTIONAL/SUBSTANTIVE

  • Constitutional or substantive motions shall be scheduled on a Regular CW Day docket only (not on the First Thursday or the Revised CW Day Docket).
  • To allow both sides adequate time to prepare, early deadlines have been established as follows.

      (a)   Friday at 12:00 p.m. 2 weeks prior to the hearing date  - filing and docketing deadline.

      (b)   Friday at 12:00 p.m. 1 week prior to the hearing date – Response deadline.

  • Courtesy copies shall be delivered to Judges’ Chambers and opposing counsel.  Refer to “Courtesy Copies” section for instructions.

 

 

2.    MOTIONS - NON-SUBSTANTIVE

  • Non-substantive motions, including motions in limine to exclude or to allow evidence, motions for discovery, motions to compel, etc.
  • Courtesy copies shall be delivered to Judges’ Chambers and opposing counsel.  Refer to “Courtesy Copies” section for instructions.
  • Deadline:

      (a)  Preceding Friday at 12:00 p.m. - filing and docketing deadline.

      (b)  Tuesday at 12:00 p.m. – Response deadline.

 

3.   SHORTER TIME FRAMES TO FILE OR RESPOND TO MOTIONS     

  • Counsel may agree to a shorter time frame within which to file motions.
  • In such instances, a courtesy copy of the motion shall be delivered to Judges’ Chambers’ 4th floor drop box.
  • If counsel are unable to agree, then, for good cause, counsel may seek leave of Court to file motions prior to the hearing

 

13. RESTITUTION REVIEW HEARINGS

 (updated 3/15/2023) 

Restitution review hearings shall be scheduled on the third Thursday of the month (either on the Regular or on the Revised CW Day docket). If possible, all restitution review hearings will be held in one courtroom and called at the start of the docket.

If a defendant has made a required payment prior to the scheduled court date and does not wish to appear at the restitution review hearing, counsel shall file an agreed order removing and/or continuing the restitution review hearing to another month. The deadline for filing the proposed order shall be 1:00 p.m. on the Wednesday prior to the Commonwealth Day docket. The proposed order shall be filed in the Clerk's office (Room 307), with a courtesy copy provided to the Commonwealth's Attorney (Room 301).

14. SHOW CAUSE HEARINGS

 (updated 8/17/2022) 

Show cause hearings are scheduled for any Regular CW Day docket, including First Thursday or the Revised CW Day docket.

15. START TIMES

(updated 8/17/2022)

A.        10:00 a.m. for all Commonwealth CW Day dockets on Thursdays.

B.         9:00 a.m. for TMAD (Traffic/Misdemeanor Appeals Docket) on the 3rd Tuesday of the month.

16. TECHNOLOGY IN CIRCUIT COURT

 (updated 4/5/2023)

Call Judges' Chambers (703.746.4123) if you have any questions regarding hybrid hearings, remote hearings, or technology courtrooms for electronic evidence presentation.

Generally, counsel shall be able to operate the electronic evidence presentation equipment and/or technology cart without IT assistance. The IT team is not always available to provide assistance to counsel during trials.

 

CONTACT INFORMATION

1.       CIRCUIT COURT IT      (703.746.4310)

2.        JUDGES' CHAMBERS    (703.746.4123)

 

EQUIPMENT AVAILABLE IN CIRCUIT COURT COURTROOMS

1.   TEchnology courtrooms 

Currently, there are 2 technology courtrooms available for Electronic Evidence Presentation. CC#2 has Carousel equipment; and CC#4 has Nomad equipment. CC#4 will be unavailable from 4/17/2023 to 5/19/2023 while the tech equipment is being updated to Carousel equipment.

During the trial, counsel or counsel's assistant is responsible for presenting the evidence from the podium. The IT team is not always available to provide assistance to counsel during trials.

To use the Court's electronic evidence presentation software, counsel is required to

        (a)  reserve a technology courtroom as far in advance as possible - refer to "Reservations Required" section;

        (b)  bring their own laptop - refer to "Laptop Specifications" section; and

        (c)  take mandatory training prior to the trial date - refer to "Training Required" section.

 

2.     Technology Cart for remote testimony ("HYBRID" HEARING)

The Court also has a technology cart available for remote testimony.

To use the Court's technology cart, counsel is required to

        (a)  Reserve the technology cart as far in advance as possible - refer to "Reservations Required" section;

        (b)  Bring their own laptop - refer to "Laptop Specifications" section; 

        (c)  Take mandatory training prior to the trial date - refer to "Training Required" section; and

        (d)  Issue the Microsoft Teams meeting invitation at least two (2) days prior to the trial date.

 

Laptop Specifications

Counsel shall bring the same laptop to both training and the trial. The laptop shall have Windows OS or Mac OS; and a  native HDMI port. If your laptop does not have a native HDMI port, bring a HDMI dongle/converter with you.

MEETING INVITATION for REMOTE TESTIMONY (a.k.a. "hybrid hearings")

The Court issues meeting invitations only for Civil Motions Day.  The meeting invitation for all other remote ("hybrid") hearings must be issued by counsel for the person requesting the remote testimony. 

1.   The Court uses only Microsoft Teams. MS Teams is a free download available at www.microsoft.com. 

2.    For civil cases, the meeting invitation must be received by the court administrators at least 48 hours prior to the trial or hearing.

3.    For civil cases, send the meeting invitation to 

         (a) the person testifying remotely; 

         (b) opposing counsel, and 

         (c) the court administrators.  Court administrators' email addresses are lori.knoernschild@alexandriava.gov; lucy.scalsky@alexandriava.gov; and jennifer.lazotorres@alexandriava.gov.

        The court administrators will forward the meeting invitation to the courtroom and Circuit Court IT.

4.    The meeting invitation must include:

          (a) the name of case, docket number, and date/time of trial or hearing;

           (b) advise recipients to download the MS Teams application to their device prior to the meeting if needed; and

           (c) advise recipients that MS Teams is a free download available at www.microsoft.com.

 

RESERVATIONS REQUIRED

When calling the Court to reserve either a technology courtroom for electronic evidence presentation or the technology cart, be prepared to give the name of the case, the docket number, and the date(s) for trial.

  • Electronic Evidence Presentation (tech courtroom) - Call Judges' Chambers (703.746.4123) as far in advance as possible.
  • Technology Cart - (a) call Judges' Chambers (703.746.4123) to advise the technology cart will be used; and (b) call Circuit Court IT (703.746.4310) to make a reservation.

 

TRAINING REQUIRED

MANDATORY TRAINING shall be taken prior to the trial date in order to use the Court's technology equipment (Electronic Evidence Presentation software and/or Technology Cart).

A.      Walk-in training is available  every Thursday from 8:00 a.m. to 9:00 a.m. in Circuit Courtroom #2.  Remember to bring your laptop with you (see "Laptop Specifications" section).

         If the courtroom is not open when you arrive, call Circuit Court IT at 703.746.4310 and IT staff will come meet you.  (Judges' Chambers does not open until 8:30 a.m.)

B.      Training by appointment - Call Circuit Court IT at 703.746.4310 to reserve a date/time when the courtroom will be available. On the day of training, meet IT staff outside the courtroom. Remember to bring your laptop with you (see "Laptop Specifications" section).

C.     Bring to training and trial - A laptop (the same laptop to be used at the trial) with Windows OS or Mac OS that will be used during the trial. If the laptop does not have a native HDMI port, you are required to bring an HDMI dongle/converter for your laptop.

 

 

17. TRANSPORT OF IN-CUSTODY DEFENDANTS

 (effective 9/1/2022)  

All in-custody defendants will be transported for court hearings/trials.

If transport is not required, counsel shall email the Alexandria Sheriff’s Office (“ASO”) Records Department and Transportation Division to cancel transportation, with a courtesy copy to the Commonwealth’s Attorney or opposing counsel. ASO emails should be sent to asorecords@alexandriava.gov and asotransports@alexandriava.gov.

18. TRIALS - SET-DATE HEARINGS

 (updated 4/5/2023)

 

A.    JURY TRIALS ARE MANDATORY  

in all criminal trials unless waived by the defendant, the prosecutor, and the Court.  See Prosecution in Alexandria's Courts for additional information. 

 

B.   Criminal felony cases will be set for trial within 60 days of indictment,

unless there is good cause for setting the trial at a later date.

 

C.   LIST OF AVAILABLE CRIMINAL TRIAL SLOTS

The list of available criminal trial slots is posted weekly (see “Calendar” section). Also refer to "Trials - Jury Trials" section.

 

 

D.    MULTIPLE DAY TRIALS 

(a)        Witness Availability 

To avoid Court having to recess early or start late, counsel shall make every effort to have their witnesses available and ready to testify. Requests to stagger witnesses shall be made at least two (2) days prior to the start of the trial and will be granted for good cause. To request staggered witnesses, counsel shall send a letter to Chambers making the request to stagger witnesses and the proposed schedule of witnesses. The Judges will either approve, disapprove or schedule a conference call with counsel to discuss the request.

 

(b)        Start Time on Subsequent Days

Trial may start at 9:00 a.m. on subsequent days of the trial at judge’s discretion. Counsel and witnesses shall arrange their schedules accordingly.

 

E.   SCHEDULING CRIMINAL TRIALS

 

(1)   Prior to a set-date hearing,

counsel shall communicate with each other and, where possible, agree to a trial date using the list of available criminal trial slots. 

 

(2)     Trial dates within the 60-day rule 

Counsel does not have to appear in court if counsel contacts Judges’ Chambers (703.746.4123) prior to the set‑date hearing with an agreed trial date and an agreed order setting the trial date has been filed. At the set-date hearing, the prosecutor will communicate the agreed trial date (either jury or non-jury) to the court.

 

(3)  Trial dates exceeding the 60-day rule 

The set-date hearing must be scheduled and both attorneys must appear in court to obtain the Court’s permission to schedule a case more than 60 days from the date of the Grand Jury.  Exception:  If prior permission has been granted to set the trial date exceeding the 60-day rule, and there is no speedy trial issue, counsel may contact Judges' Chambers (703.746.4123) to select a trial date outside of the 60-day rule. Counsel shall  file an agreed order with the trial date.

 

(4)   On CW Day,

the set-date hearing shall be called at the start of the 10:00 a.m. docket. 

 

(5)  If counsel cannot agree on a trial date prior to THE set-date hearing.

the set-date is continued to next CW Day (new policy as of February 2023).

 

19. TRIALS - JURY TRIALS

(updated 4/4/2023)

 

A.    JURORS NOT NEEDED TO REPORT - COUNSEL TO CONTACT JUDGES' CHAMBERS

updated 8/17/2022) 

To avoid jurors having to report unnecessarily, counsel shall notify Judges’ Chambers immediately if a case is scheduled for a jury trial and any of the following occur.

  1. Disposition by plea is scheduled to occur prior to the trial date; 
  2. Counsel agree to remove the jury and proceed with a bench trial (judge's permission required);
  3. A continuance is being requested (judge's permission required); or
  4. The Commonwealth intends to nolle prosequi the charge(s).

 

How to contact Judges' Chambers 

  1. During business hours - call Judges' Chambers (703.746.4123) or email the court administrators at lori.knoernschild@alexandriava.gov; lucy.scalsky@alexandriava.gov; and jennifer.lazotorres@alexandriava.gov.
  2. After hours, email the court administrators  *and* leave a voicemail for the jury coordinator (703.746.4347).

B.   JURY PANEL WEEKLY LIST (available from clerk of court)

is available three days before the trial date from the Clerk of Circuit Court. The list includes  all jurors who have been summoned to appear (name, age, address, occupation and employer). Contact the Clerk of Court (Room 307) at  703.746.4044.

C.   JURY TRIAL LIST (available from jury coordinator to counsel on day of trial)

includes the jurors who reported for jury duty on the day of trial.  The Jury Coordinator will provide the list to counsel in the courtroom approximately 30 minutes prior to trial. 

 

 

20. TRIALS - JURY TRIAL START DAYS

 updated 3/13/2023

  • Effective 4/7/2023, criminal jury trials are scheduled on the following days.
  • Absent leave of court, all criminal jury trials shall be scheduled at least six (6) weeks prior to the trial date.
  • Trial dates are scheduled based on the estimated length of time needed for the trial, including voir dire and jury deliberations.

 

MONDAY - ALL MONDAYS

  • A maximum of 2 new or carryover jury trials. The number of available slots will be reduced by one for each criminal carryover trial.

TUESDAY

(A)     3RD TUESDAY OF THE MONTH (Traffic and Misdemeanor Appeal Docket "TMAD")  

  • A maximum of 6 jury trials on each TMAD docket.  
  • TMAD Jury trials must be scheduled 6 weeks in advance. Cut‑off dates are strictly adhered to and are included on List of Available Criminal Trial Slots. Refer to "Traffic and Misdemeanor Appeals Docket" section. 
  • The number of available slots will be reduced by one for each criminal carryover trial.

(B)    ALL OTHER TUESDAYS (except TMAD)

  • A maximum of 2 new or carryover jury trials. The number of available slots will be reduced by one for each criminal carryover trial.

WEDNESDAY

(1)   2ND and 4TH WEDNESDAYS OF THE MONTH (Civil Motions Day) 

  • No new criminal jury trials may begin.

(2)   ALL OTHER WEDNESDAYS (except Civil Motions Day) 

  • A maximum of 2 new or carryover criminal jury trials may be scheduled. The number of available slots will be reduced by one for each criminal carryover trial.

THURSDAY

(1)   FIRST THURSDAY OF THE MONTH

  • A maximum of 2 new or carryover criminal jury trials may be scheduled. The number of available slots will be reduced by one for each criminal carryover trial.

(2)   ALL OTHER THURSDAYS (except First Thursday) 

  • No new criminal jury trials may begin.
  • A maximum of 1 carryover criminal jury trial may be scheduled. The number of available slots will be reduced by one for each criminal carryover trial.

FRIDAY  - ALL FRIDAYS

*updated 12/13/2023

A.   2 criminal trial slots on a Friday

B.    1 trial slot  is reserved for a Criminal misdemeanor jury trial only if the misdemeanor jury trial

  • is scheduled at least six (6) weeks in advance; 
  •  is scheduled for one (1) day only;
  • has a maximum three (3) witnesses TOTAL;
  • the presentation of evidence shall conclude within three (3) hours; and
  • jury deliberations may begin by 1:00 p.m. or shortly thereafter.

 

C.   1 trial slot shall be used for 

  • carryover criminal trial (jury or non-jury); 
  • a non-jury criminal trial scheduled for one day (only if the bench trial can conclude no later than 2:00 p.m.);  or
  • motions lasting longer than two (2) hours

 

D.   NO FELONY JURY TRIALS SHALL START ON A FRIDAY. 

 

21. TRIALS - MULTIPLE DAY TRIALS

(updated 4/5/2023)

 

TRIALS - MULTIPLE DAY TRIALS (jury and non-jury)

(updated 2/3/2023)

(1)  Witness Availability

To avoid Court having to recess early or start late, counsel shall make every effort to have their witnesses available and ready to testify. Requests to stagger witnesses shall be made at least two (2) days prior to the start of the trial and will be granted for good cause. To request staggered witnesses, counsel shall send a letter to Chambers making the request to stagger witnesses and the proposed schedule of witnesses. The Judges will either approve, disapprove or schedule a conference call with counsel to discuss the request.

(2)  Start Time on Subsequent Days

Trial may start at 9:00 a.m. on subsequent days of the trial at judge’s discretion. Counsel and witnesses shall arrange their schedules accordingly.

22. TRIALS - NON-JURY TRIALS

 (updated 4/5/5023)

(A)   Two (2) hours or less - NON-JURY TRIALS

shall be scheduled on a Regular CW Day or First Thursday docket, and not on the revised CW Day docket.

(B)       Three (3) hours or more -NON-JURY TRIALS

shall be scheduled for a day certain.  Refer to the list of available trial slots posted on Judges’ Chambers’ website at www.alexandriava.gov/CircuitCourt >> scroll to Criminal Local Procedures, and then Calendars.

 

23. TRIALS - TRAFFIC AND MISDEMEANOR APPEALS DOCKET ("TMAD)

(updated 5/2/2023)

 

TMAD - GENERAL INFORMATION    

  • 3rd Tuesday of the month at 9:00 a.m. - Traffic and Misdemeanor Appeals Docket ("TMAD") is held the 3rd Tuesday of the month at 9:00 a.m.  The TMAD docket is for misdemeanor and traffic appeals from the General District Court and the Juvenile and Domestic Relations District Court. 
  • TMAD Docket includes jury trials, bench trials and other matters arising out of post-conviction appeals from the General District Court and the Juvenile and Domestic Relations District Court, Class I and II (jailable offenses), and Class III and IV (non‑jailable offenses).
  • Deadline to docket - All jury and non-jury trials shall be scheduled at least six (6) weeks prior to the trial date on the TMAD docket.
  • Dispositions by plea may be added to the TMAD docket at any time prior to the publication of the TMAD docket.
  • Docket Publication - The TMAD docket is published on the Friday afternoon preceding the TMAD date.  The TMAD docket does not have a revised docket; therefore no cases may be added to the TMAD docket after the docket is published.

 

 

APPEAL PROCESS (briefly)

(updated 8/17/2022)

  1. The Defendant notes appeal at the GDC or JDR’s clerk’s office on or before the appeal deadline.
  2. GDC/JDR clerk prepares Notice of Appeal (Form DC-370), including the date on which the defendant must appear in Circuit Court for the set-date hearing.
  3. Defendant signs the Notice of Appeal. By doing so, defendant promises to appear on a specific date in Circuit Court for a set-date hearing and jury election/waiver hearing. The jury election/waiver hearing shall be held in the courtroom at least one month prior to the trial date.
  4. Defendant may withdraw the appeal within 10 days.
  5. After 10 days, if the defendant does not withdraw the appeal, the GDC or JDR clerk sends the appeal paperwork to Circuit Court Clerk, who assigns a docket number, and dockets the case for the set-date and jury election/waiver hearings.
  6. Defendant must appear in Circuit Court for the set-date and jury election/waiver hearing.  (Refer to “Set-date hearings” and “Jury Election/Waiver hearings” sections.)  The jury election/waiver hearing shall be held in the courtroom at least one month prior to the trial date.

 

 

a.   JURY TRIALS – TMAD CASES 

(updated 5/2/2023) 

(1)  GENERAL INFORMATION - ON TMAD DOCKET or DATE-CERTAIN

  • Estimated length of trial
    • Jury trials estimated to last  up to three (3) hours shall be scheduled for the TMAD docket.
    • Jury trials estimated to last more than three (3) hours shall be scheduled for a date-certain.
  • A maximum of six (6) misdemeanor jury trials may be scheduled on each TMAD docket. The number of jury trials allowed to be scheduled will be reduced by one for each criminal carryover jury trial scheduled.
  • Docketing deadline is six (6) weeks prior to the TMAD date. The TMAD jury trial cutoff dates are included on the the List of Available Criminal Trial Slots that is posted on Judges’ Chambers’ website at www.alexandriava.gov/CircuitCourt >> scroll to Criminal Local Procedures, and then “Calendars” section.

 

(2)   DEADLINES

  • Set date hearing.  The Defendant shall appear in Circuit Court for the set-date hearing, which shall occur at least six (6) weeks prior to the date of the TMAD jury trial.
  • Available trial dates - The List of Available Criminal Trial Slots is posted on Judges’ Chambers’ website at www.alexandriava.gov/CircuitCourt >> scroll to Criminal Local Procedures, and then “Calendars” section.
  • Docketing deadline: Six (6) weeks prior to TMAD date - Jury trials must be docketed at least 6 weeks in advance of the TMAD date. The TMAD jury trial cutoff dates are included on the the List of Available Criminal Trial Slots that is posted on Judges’ Chambers’ website at www.alexandriava.gov/CircuitCourt >> scroll to Criminal Local Procedures, and then “Calendars” section.
  • Jury election/jury waiver hearing: One (1) month prior to trial date - The Defendant shall appear in Circuit Court for the jury election/jury waiver hearing, which shall be held in the courtroom at least one month prior to the trial date.

 

(3)  DOCKETING PROCEDURE - TMAD JURY TRIALS

  • Deadline to docket a TMAD jury trial - Six (6) weeks prior to the TMAD date.
  • Set date hearing.  The Defendant shall appear in court for the set-date hearing, which shall occur at least six (6) weeks prior to the date of the TMAD jury trial. At the set-date hearing, advise the Court of the trial date, and whether jury or non-jury.
  • Jury election/waiver hearings. The Defendant shall appear in court for the jury election/waiver hearing, which shall occur at least one (1) month prior to the trial date. The jury election/waiver hearing shall be scheduled on any Thursday CW Day docket, including First Thursday.
    • In cases appealed from GDC or JDR, if the Defendant intends to waive jury, the jury waiver form must be signed by the defendant in court at least one month prior to the trial date, unless the jury waiver form was previously signed by the set-date hearing. 

 

(4)   No later than the Friday prior TMAD (prior to issuance of the TMAD docket)

  • Counsel shall notify Judges' Chambers (703.746.4123) regarding the likelihood of the jury trial going forward. 

  • All TMAD jury trials shall remain on the docket, but will be called in the order in which the jury trial was docketed, unless good cause requires a different order.

 

(5)   On the date of TMAD, 

a maximum of 3 TMAD jury trials shall go forward on the same TMAD docket (effective 3/2/2023).

  • Jury trials will be called in the order in which the jury trial was docketed, unless good cause requires a different order.
  • All other TMAD jury trials will be continued.

 

B.        NON-JURY TRIALS – TMAD CASES  

(updated  5/2/2023)

(1)  GENERAL INFORMATION - ON TMAD DOCKET or DATE-CERTAIN

  • Estimated length of trial
    • Non-jury trials estimated to last  up to three (3) hours shall be scheduled for the TMAD docket.
      • An unlimited number of bench trials, each estimated to last three (3) hours or less, may be scheduled on the same TMAD docket, depending on the number of jury trials going forward.
    • Non-jury trials estimated to last more than three (3) hours shall be scheduled for a date-certain, unless the lengthier non-jury trial can be accommodated on the regular TMAD docket. 

 

(2)   DEADLINES

  • Set date hearing.  The Defendant shall appear in Circuit Court for the set-date hearing, which shall occur at least six (6) weeks prior to the date of the TMAD jury trial.
  • Available trial dates - The List of Available Criminal Trial Slots is posted on Judges’ Chambers’ website at www.alexandriava.gov/CircuitCourt >> scroll to Criminal Local Procedures, and then “Calendars” section.
  • Docketing deadline: Six (6) weeks prior to TMAD date - Non-jury trials must be docketed at least 6 weeks in advance of the TMAD date. 
  • Jury election/jury waiver hearing: One (1) month prior to trial date - The Defendant shall appear in Circuit Court for the jury election/jury waiver hearing, which shall be held in the courtroom at least one month prior to the trial date.

 

(3)   DOCKETING PROCEDURE - TMAD NON-JURY TRIALS

  • Deadline to docket a TMAD non-jury trial - Six (6) weeks prior to the TMAD date.
  • Set date hearing.  The Defendant shall appear in court for the set-date hearing, which shall occur at least six (6) weeks prior to the date of the TMAD trial. At the set-date hearing, advise the Court of the trial date, and whether jury or non-jury.
  • Jury election/waiver hearings. The Defendant shall appear in court for the jury election/waiver hearing, which shall occur at least one (1) month prior to the trial date. The jury election/waiver hearing shall be scheduled on any Thursday CW Day docket, including First Thursday.
    • In cases appealed from GDC or JDR, if the Defendant intends to waive jury, the jury waiver form must be signed by the defendant in court at least one month prior to the trial date, unless the jury waiver form was previously signed by the set-date hearing. 

 

 

24. VOUCHERS FOR COURT-APPOINTED COUNSEL IN CRIMINAL CASES

 (updated 8/17/2022)

A.        Attorneys who accept criminal cases on a court-appointed basis shall file a complete and properly filled‑out payment voucher for approval by a Circuit Court judge.

B.         Court-appointed attorneys who hire other individuals, such as private investigators, mental health experts and the like, shall be responsible for having those persons submit complete and properly filled‑out payment vouchers to the Clerk of Circuit Court for approval by a Circuit Court judge.

C.         The voucher must include the “in court” and “out of court” time, the statutory fee amount requested and any fee waiver that is sought.

D.        The original voucher is filed with the Clerk of Circuit Court. The Clerk of Court will forward the voucher to a Circuit Court Judge for approval.

 

25. WITNESS UNAVAILABLE FOR A MOTION ON A CW DAY

 (updated 8/17/2022)

A.        If a witness is unavailable for a Motion on a Thursday CW Day, or for other good cause, counsel may request the motion be heard on a non-Thursday.

B.         Prior to contacting Judges’ Chambers (703.746.4123) for an available date, counsel must coordinate each other’s availability to ensure both the prosecutor and defense counsel are able to attend the hearing.

C.         File the motion and notice with the Clerk of Circuit Court and deliver a courtesy copy to Judges’ Chambers and opposing counsel – refer to “Courtesy Copies” section.