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Virginia Motion to Reopen (Criminal)/Motion to Rehear (Civil)/Motion for New Trial (Civil)

State:
Virginia
Control #:
VA-DC-368
Format:
PDF
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Description Motion To Reopen Virginia Circuit Court

This is an official form from the Virginia Judicial System, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by Virginia statutes and law.

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FAQ

To file this lawsuit, you must go to the General District Court Clerk's office. Ask for the proper court form. To sue for money, fill out a "Warrant in Debt." Even though this court form is called a "warrant," it is not used in a criminal case. It is used in a civil (non-criminal) case.

When the Judgment is Void.Judgments may be void for several reasons, for instance, if the plaintiff committed fraud on the court, or did not allege or prove facts sufficient to satisfy the requirements to sue a non-resident, or did not serve you or your business properly.

There is no limit on the number a times a case can be continued. There is an urban legend that each side gets three continuances, but that is just not the case. The real question is whether the prosecution has met their obligations under Rule 600, which is Pennsylvania's speedy trial rule.

It could mean that they are still collecting evidence to build a case. It could mean that a key witness is sick or unavailable. It could mean that the prosecutor on the case has some other big cases or a vacation scheduled and so needs to push your case back.There are many reasons why a case might be pushed back.

Service of the warrant must be performed by a proper individual. The plaintiff may not properly serve the civil warrant. You may have a copy of the civil warrant served by the Sheriff's office by paying an additional fee at the time (or when) you file the civil warrant. In most Virginia jurisdictions the fee is $12.00.

Continuances Based on Inadequate Time. Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Continuances Based on Changing the Indictment or Attorney. Continuances Based on Surprises.

In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge sua sponte.

How many times can I change my court date. Typically you can continue a case only once, maybe twice, unless you have a compelling reason, so use your continuances sparingly.

To commence an action in small claims court the plaintiff must file a civil warrant. This may be a warrant in debt or warrant in detinue. A warrant in debt1 is a claim for money which must state a specific dollar amount claimed.

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Virginia Motion to Reopen (Criminal)/Motion to Rehear (Civil)/Motion for New Trial (Civil)