Continuance Requests


Continuance requests may be granted by a clerk or judge depending on the type of case and history.  Below is a general guideline of how a continuance may be requested and/or granted. Please note that in all cases, a motion may be filed to present your request to a judge if a previous request was denied or there are less than two days prior to the court date.

CIVIL  

  • If both parties agree on the continuance, the clerk will continue.
  • If both parties do not agree, then the requesting party must file a motion with notice to the other party.

CRIMINAL  

  • Misdemeanors:
    • File in person or by phone at least 2 days prior to court for Judge to review.  If a private citizen is the complainant, their written consent to the continuance must be submitted with the request.  It is your responsibility to call back the next business day to confirm whether your request was granted or denied.  You may also check online at www.courts.state.va.us after noon the next business day to view court date.
    • If court is less than 2 business days, file a motion by 8:30am in the clerk's office.  Motion will be heard at 9:30am
  •     Felonies:
    • Commonwealth Attorney's office must consent on court's form before judge will review.
    • If Commonwealth Attorney does not consent, must file motion.

TRAFFIC 

  • Infractions/Misdemeanors  
    • File in person or by phone.  Clerk will process a first contiuance request, Judge will review a second continuance request.  It is your responsibility to call back the next day to confirm whether your request was granted or denied.  You may also check online at www.courts.state.va.us after noon the next business day to view court date.
  •     Misdemeanors charging  Reckless 90+ mph over speed limit, Hit & Run, Driving on Revoked license 18.2-272, Driving on a Suspended License 2nd + offense, Elude
    •  File in person or by phone at least 2 days prior to court for Judge to review.  It is your responsibility to call back the next business day to confirm whether your request was granted or denied.  You may also check online at www.courts.state.va.us after noon the next business day to view court date.
    • If court is less than 2 business days, file a motion by 8:30am in the clerk's office.  Motion will be heard at 9:30am
  • Misdemeanors charging DWI
    • Commonwealth Attorney's office must consent on court's form before judge will review.
    • If Commonwealth Attorney does not consent, must note on the request.
    • Request must be filed at least 2 days prior to court date.

Click here for forms that can be submitted online.

4110 Chain Bridge Road
Fairfax, Virginia 22030

Traffic Phone: 703-246-3764

Criminal Phone: 703-246-3305

Civil Phone:   703-246-3012

TTY: 711


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