VA · rules
Va. Sup. Ct. R. 7A:14
Continuances
(a) Continuances Granted for Good Cause. Continuances should not be granted
except by, and at the discretion of, a judge for good cause shown, or unless otherwise
provided by law. The judge may, by order, delegate to the clerk the power to grant
continuances consented to by all parties under such circumstances as are set forth in the
order. Such an order of delegation should be reasonably disseminated and posted so as to
inform the bar and the general public.
(b) All Parties Agree to Continuance. If all parties to a proceeding agree to seek a
continuance, the request may be made orally by one party as long as that party certifies to
the judge that all other parties know of the request and concur. Such a request should be
made as far in advance of the scheduled hearing or trial as is practicable. If granted, the
moving party is responsible for assuring that notice of the continuance is given to all
subpoenaed witnesses and that they are provided with the new court date. This obligation
may be met by (i) an agreement between the parties that each side will notify its own
witnesses; or (ii) any other arrangement that is reasonably calculated to get prompt notice
to all witnesses.
(c) All Parties Do Not Agree to Continuance. If a request for continuance is not
agreed to by all parties, such request should be made to the court prior to the time
originally scheduled for the hearing or trial. If the court determines that a hearing on the
request should be conducted prior to the time originally scheduled for the trial, all parties
must be given notice of such hearing by the requesting party.
(d) Continuances Requested At the Time of Hearing. Where a request for a
continuance has not been made prior to the hearing or trial and other parties or witnesses
are present and prepared for trial, a continuance should be granted only upon a showing
that to proceed with the trial would not be in the best interest of justice.
(e) Parties. For purposes of this Rule, the term "parties" means all plaintiffs,
defendants and third party defendants in a civil case and the prosecution and the
defendant in a criminal or traffic infraction case.
History
Last amended by Order dated November 23, 2020; effective March 1, 2021.
Provenance
- Source
- www.vacourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
546545ab80c5d61da0b13ad1a51e961e7be07393935e333b2d5ce7b42ef3290b
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