Civil Division

CONTACT INFORMATION: Monday-Friday, 8 A.M. - 4 P.M. (Phones close at 3:30 P.M.)
4110 Chain Bridge Road, Room 211
Fairfax, VA 22030
Holly Smith
Division Manager

Continuance Policy (Civil)

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All civil continuance requests must be submitted in writing. The court's Request for Court Action Form is available to use for continuance requests. The continuance date must be an available date provided by the clerk's office. Continuance requests should be made as far in advance as possible.

If the request is an agreed first continuance request from the regular or trial docket, and is received at least 4 business days in advance of the court date, then the request will be sent to chambers for the case to be continued, pending availability of the chosen date.  Second or subsequent continuance requests, agreed to by all parties and received at least 4 business days before the court date, will be forwarded to chambers to be approved or denied before court. The decision whether to continue the case lies within the discretion of the court. If the request is denied, the case will remain on the docket on its originally scheduled date.

If the agreed continuance request is not received at least 4 business days in advance of the court date, then the request will be sent with the case into court on the upcoming court date. On the court date, the judge will approve or deny the request per the guidelines set forth in the previous paragraph.

Continuance requests for cases set on the Long Trial Docket, agreed or opposed, must be made by personal appearance in open court, after written motion, with at least five days' notice to the court and all parties and/or counsel of record, and will only be granted for good cause shown.

Continuances requested without agreement of all parties may be granted only by a judge for good cause shown. Contested continuance requests must be made by personal appearance in open court, after written motion, with at least five (5) days' notice to the Court and all parties and/or counsel of record. Continuance requests that are not agreed to or noticed for a hearing will be sent with the case into court on the upcoming court date and the judge will approve or deny the request at that time. If the judge determines there is no good cause for the continuance, the case will be heard on its originally scheduled date even if all parties are not present.

For Small Claims, trials are heard on the initial return date. Prior to the initial court date, a continuance may be granted if the new date is available (available date provided by the clerk's office) and agreed to by all parties. Continuances requested without agreement of all parties may be granted for good cause shown.

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