The following procedures are MANDATORY when filing bond motions or emergency motions in the Fairfax Circuit Court. Emergency motions are matters concerning the physical or mental well being of a defendant who is incarcerated in Fairfax County. Noncompliance with these procedures will result in your motion not being placed on the docket.
The Circuit Court no longer provides nor accepts the Criminal Bond Motion/Emergency Motion form. The original notice and motion for both Criminal Bond Motions, and Emergency Motions, must be submitted in writing, and must set forth the factual basis for the relief requested.
The notice and motion must contain the date requested for the motion to be heard, as well as the Circuit Court case number.
If the underlying case has not been filed in the Circuit Court, the notice and motion must also include the following information:
- The General District Court or Juvenile and Domestic Relations District Court case number.
- The defendant’s next court hearing date and time.
- The date of offense.
- Copies of the warrant(s) and or petition(s).
The items listed above should be clearly marked, so that staff can easily identify them.
The notice and motion must be filed no later than 12:00 p.m. the day before you want the motion heard. The notice and motion must be filed in the Criminal Division of the Circuit Court Clerk’s Office, on the 4th floor, Suite 409.
You must file a copy of your bond motion with the Commonwealth Attorney’s Office, 1st floor, Suite 114.
If the case(s) are pending in the General District Court, you must also file a copy of your motion with that Court’s Court Service Unit.
Felony bond motions are heard Monday through Friday. For Thursday bond motions, please confirm with the Circuit Court that a court reporter will be present.
Misdemeanor bond motions are heard Monday through Friday.