Chapter 1 – Judicial Administration 1 -1

1 GENERAL DISTRICT COURT MANUAL Table of Contents Page 1 Office of the Executive Secretary Department of Judicial Services Rev. 01/22 Chapter 1 Judicial Administration .. 1-1 Virginia s Judicial System .. 1-1 Supreme Court of Virginia .. 1-1 Court of Appeals .. 1-1 Office of The Executive Secretary .. 1-2 Assistant Executive Secretary and Counsel .. 1-2 Court Improvement Program .. 1-2 Educational Services .. 1-2 Fiscal Services .. 1-3 Human Resources .. 1-3 Judicial Information Technology .. 1-3 Judicial Planning .. 1-3 Judicial Services .. 1-3 Legal Research .. 1-5 Legislative and Public 1-5 Magistrate Services .. 1-5 Virginia Courts.

2 1-5 Circuit Courts .. 1-6 District Courts .. 1-6 District Courts .. 1-7 Judicial Districts .. 1-7 Court Closed Computation of Time .. 1-13 Inclement Weather .. 1-13 Judicial Emergency .. 1-14 Office Policies - Local .. 1-14 Separation of Employees Checklist .. 1-15 Volunteers .. 1-15 Pro Hac Vice .. 1-15 Public Records .. 1-17 Transparency .. 1-18 Copies .. 1-18 Strategic Planning .. 1-18 Pandemic Influenza Plan .. 1-18 Chapter 2 The Court Process .. 2-1 Case Initiation .. 2-1 Pre-Trial Process .. 2-1 GENERAL DISTRICT COURT MANUAL Table of Contents Page 2 Office of the Executive Secretary Department of Judicial Services Rev. 01/22 Case Indexing.

3 2-1 File Cases .. 2-2 Prepare Daily Docket Sheets .. 2-2 Case Hearing, Judgment .. 2-4 Dismissals Or Continuances .. 2-4 Post-Trial Processes .. 2-6 Execution of Judgments Or Enforcement of Verdicts .. 2-6 Case Closing .. 2-7 Chapter 3 Criminal Case Processing .. 3-1 Introduction .. 3-1 Narrative Description .. 3-2 Pre-Court Procedures Flow Chart .. 3-6 Post-Court Procedures Flow Chart .. 3-7 Case Initiation .. 3-8 Court-Initiated Capias/Warrant .. 3-8 Unexecuted Warrants (Magistrate Issued) .. 3-10 Venue .. 3-11 Arrest Prior to the Filing of a Complaint .. 3-11 Pre-Arrest Issuance of a Summons or Warrant .. 3-12 Arrest of an Illegal Alien .. 3-13 Release on Bail.

4 3-13 Commitment to Jail .. 3-24 Search Warrants .. 3-25 Request for Victim Confidentiality .. 3-28 Peace Bonds .. 3-30 Individual Request for Access to Sealed Document .. 3-30 Case Pre-Trial Procedures .. 3-31 Case Indexing and Filing .. 3-31 Docket Preparation .. 3-31 Prepayment Processing .. 3-31 Advisement of Right to Counsel/Review of Bail Determination .. 3-32 Arraignment .. 3-35 Crossover Arraignments .. 3-35 Preliminary Hearings .. 3-38 Certification of Ancillary Misdemeanors .. 3-39 Subpoenas, Witness Summoning .. 3-39 Subpoena duces tecum .. 3-40 Subpoena Duces Tecum for Medical Records .. 3-41 GENERAL DISTRICT COURT MANUAL Table of Contents Page 3 Office of the Executive Secretary Department of Judicial Services Rev.

5 01/22 Subpoena Duces Tecum for Financial Records .. 3-41 Subpoena Duces Tecum- Attorney Issued .. 3-41 If the recipient of a subpoena duces tecum has less than fourteen days following service to comply with the subpoena duces tecum, he or she may serve a written objection on the party issuing the subpoena. Upon proper objection, the issuing party is not entitled to compliance, unless the issuing party moves the court to compel compliance, the issuing party gives notice of this motion to the person to whom the subpoena is directed, and the court grants the motion . If the motion to compel is timely, the court may quash, modify, or sustain the subpoena duces tecum.. 3-42 Subpoenas duces tecum for medical records issued by an attorney shall be subject to the provisions of and :03, except that no separate fee for issuance shall be 3-42 Extradition Hearing.

6 3-42 Request for a Reduction or Change of Bail .. 3-43 Request Appointment of a Qualified Expert for Indigent Defendant. Va. Code 3-44 Request Allowance of a Certified Facility Dog to Accompany a Witness. Va. Code :1 .. 3-45 Mental Condition of Defendant .. 3-46 Interpreters for Deaf and Non-English Speaking Persons .. 3-56 Certificate of Analysis .. 3-57 Admissibility of Affidavits .. 3-60 Notice, motion and Order for Chemical Analysis of Alleged Plant Material .. 3-61 Possession or distribution of marijuana for medical purposes .. 3-61 Custody of Evidence .. 3-62 Recall of Process .. 3-62 Photographing and Broadcasting Judicial Proceedings .. 3-62 Transfer of Jurisdiction.

7 3-63 Confidentiality of Local Community-Based Probation Agency Reports .. 3-63 Transport of Incarcerated Defendant .. 3-64 Case Trial Procedures .. 3-64 Adjudicatory Hearing .. 3-64 Failure to Appear and Bond Forfeiture .. 3-66 Trial Provisions .. 3-67 Pre-Conviction Probation for First-Time Offenders .. 3-68 Deferred Disposition in a Criminal Case; Person with Autism or Intellectual Disabilities. Va. Code .. 3-70 Deferred Disposition in a Criminal Case Pursuant to .. 3-71 Accord and Satisfaction .. 3-72 Sentencing .. 3-72 Substance Abuse Screening, Assessment and Treatment .. 3-74 Restitution .. 3-75 Costs .. 3-85 GENERAL DISTRICT COURT MANUAL Table of Contents Page 4 Office of the Executive Secretary Department of Judicial Services Rev.

8 01/22 Cash Bond Used to Pay Fines and Costs .. 3-86 Central Criminal Records Exchange (CCRE) Procedures .. 3-86 Not Guilty by Reason of Insanity (NGRI) .. 3-91 Inpatient Psychiatric Hospital Admission from Local Correctional Facility .. 3-95 Revocation of Driver s License .. 3-97 Revocation of Other Licenses and Permits .. 3-98 Constitutionality of Statues .. 3-99 Trial Procedures for Misdemeanor Drug Cases .. 3-100 Pre-Conviction Probation for First-Time Offenders Drug Charges or Marijuana Offenses 3-100 Convictions on Drug Cases .. 3-100 Deferred Disposition .. 3-100 Conviction .. 3-103 Case Payment Procedures .. 3-104 Payment Where the defendant is able to pay his fine and costs, the clerk s office will: 3-105 Deferred, Modified Deferred or Installment Payment.

9 3-106 Nondisclosure .. 3-107 Bankruptcy .. 3-107 Case Post-Trial Procedures .. 3-107 Failure to Pay Fines and Costs .. 3-107 Failure to Comply with Terms of Probation or Suspended Sentence .. 3-108 Notices to Jail .. 3-109 Appeals .. 3-110 motion to Rehear .. 3-110 Testing for Sexually Transmitted Infection .. 3-111 motion for Reduction of Sentence .. 3-111 DNA Samples Taken at Arrest and Upon Conviction .. 3-112 Administrative Procedures .. 3-113 Records Management .. 3-114 Disposition of Property .. 3-115 Miscellaneous Case Types .. 3-117 Possession of Marijuana- Civil .. 3-117 Animal Violations .. 3-119 Summary Contempt .. 3-126 Underage Purchase/Possession of Alcohol.

10 3-126 Purchase Alcohol for Underage .. 3-129 Underage Purchase/Possession of Tobacco .. 3-130 Virginia Indoor Clean Air Act .. 3-132 Chapter 4 - Traffic Case Procedures .. 4-1 Introduction .. 4-1 GENERAL DISTRICT COURT MANUAL Table of Contents Page 5 Office of the Executive Secretary Department of Judicial Services Rev. 01/22 Narrative Description .. 4-1 Traffic Case Process Flow Chart .. 4-3 Pre-Trial Processing .. 4-4 General Provisions .. 4-4 Prepayable Offenses That Involve an Accident .. 4-4 Dismissal by Compliance with Law Prior to Trial .. 4-6 Administrative Impoundment of a Motor Vehicle When Charged with Second/Subsequent Offense of Information regarding impoundments when a person whose driver s license has been suspended for an alcohol-related conviction can be found in the Chapter titled DUI Case Processing and Restricted Driver s Licenses.