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VA · rules

Va. Sup. Ct. R. 8:14

Continuances

activein force · 2021-03-01 – presentact-effective-date

(a) Continuance 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 to a proceeding, 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,

petitioners, the prosecution, defendants, respondents and any person who is the subject of

the proceeding.

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
5987f11c47fa522752ac69b11dc13fe43d85f6185378af7aa0881400de77d6ff
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