Circuit Court

Fairfax County, Virginia

CONTACT INFORMATION: Our office is open 8AM-4PM Monday-Friday

4110 Chain Bridge Road
Fairfax, VA 22030

John T. Frey,
Clerk of the Court

Circuit Court Procedures To Waive Oral Argument

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FAIRFAX CIRCUIT COURT TEMPORARY PROCEDURE TO
REQUEST WAIVER OF ORAL ARGUMENT FOR MOTIONS

In recognition of the current COVID-19, and in an effort to allow more access to the court without potentially exposing counsel and litigants to health threats, and consistent with the Virginia Supreme Court’s March 16, 2020 Order allowing the implementation of local policies, as needed, to remain operational and to provide essential services while balancing the health and safety needs of visitors to the court and personnel, the Court has established the below Procedure to allow the submission of motions to the Circuit Court, to be ruled on without oral argument or a court appearance.

Effective March 27, 2020, the following temporary procedure is available:

  1. Oral argument on Motions may be waived and the Motions may be submitted to the Court, under the following conditions:
    1. All the parties agree to the Waiver of Oral Argument.
    2. Evidence is not required for presentation of the Motion and will not be received by the Court.
    3. The submissions from the parties do not exceed 5 pages, per side.
    4. No other Motions are pending under review, pursuant to a Waiver of Oral Argument in the same case.
       
  2. Before requesting a Waiver of Oral Argument, the Motion and the Response to the Motion must be filed in the Clerk’s Office.
     
  3. Once filed, all parties should complete and sign the Notice of Waiver of Oral Argument Form, which must also be filed in the Clerk’s Office.
     
  4. In order to request the Waiver of Oral Argument, the moving party shall send an email to the Circuit Court at CCRMotionNoArgument@fairfaxcounty.gov. All other counsel shall be copied on the email. Please include the case number in the RE: Line for the email submission to the Court. The email shall include the following attachments:
    1. Motion and proposed Order from the moving party.
    2. Response and proposed Order from the non-moving party.
    3. Notice of Waiver of Oral Argument Form, signed by all counsel.
       
  5. Upon acceptance and receipt of the email, a Judge will be assigned to review the pleadings and rule on the Motion. The parties will receive an email confirming receipt and acceptance of the submissions and indicating which Judge has been assigned to review the Motion.
     
  6. After review of the submissions, the Judge will enter an Order with the ruling on the Motion. The Order will be emailed to counsel. Any written objections to the Order shall be filed with the Clerk’s Office.

Forms

 


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