Circuit Court Local Procedures - Criminal

Circuit Court of Alexandria local procedures for attorneys and pro se litigants - criminal cases.

Page updated on Sep 17, 2021 at 12:01 PM


Scheduling Guidance for Criminal Matters 

Memorandum from Chief Judge Lisa B. Kemler dated 8/20/2021 - effective 09-01-2021.  The paragraphs included in the memorandum are posted  below.

Effective September 1, 2021, the following guidance shall be used to schedule all criminal matters in Alexandria Circuit Court. This memorandum combines all criminal scheduling guidance that was previously published on the Court’s website. This updated guidance will be posted to the Court’s website at www.alexandriava.gov/CircuitCourt >>scroll to “Criminal- Local Procedures”. 

Significant changes include:

  1.  Commonwealth (“CW”) Day schedule effective 9/1/2021,

                 a.         CW Day (Full) Docket with 2 judges on the 2nd and 4th Thursdays of the month at 10:00 a.m., generally on the same weeks as Civil Motions Day (check the website calendar to confirm); and

               b.         CW Day (Short) Docket with 1 Judge, on all other Thursdays of the month at 10:00 a.m., generally on weeks when there is not a Civil Motions Day (check the website calendar to confirm).

       2.         The Defendant must appear for jury election/waiver hearings prior to the trial date (requirement was previously waived at the beginning of COVID-19).



A.   AMERICANS WITH DISABILITIES ACT

The Court recognizes that there are persons with special needs who use Circuit Court. Any persons needing reasonable accommodation in Circuit Court should file a written request with the Clerk of Circuit Court (with a courtesy copy delivered to Judges’ Chambers’ 4th floor drop box) identifying any specific accommodation that is being sought, the date of the court event, and your contact information. The written request shall be filed as soon as possible but no later than five (5) business days before the scheduled court event for which assistance is required. Supporting documentation or records may be requested by the Circuit Court’s ADA Coordinator (703.746.4123). 


B.   CONTACT INFORMATION


Clerk of Circuit Court - 520 King Street, Room 307           703.746.4044                 

Commonwealth’s Attorney   - 520 King Street, Room 301        703.746.4100          

Judges’ Chambers - 520 King Street, 4th floor   

     

C.   COURT CALENDAR 

The Circuit Court’s criminal Calendar, which is updated weekly, indicates availability for criminal jury trials, bench trials and lengthy motions specially set with Court approval on non-Thursdays.       


D.   DEADLINES

If a holiday occurs in the week prior to the CW Day, the deadline is advanced one day  for each day the Court is closed.

  1.  CW Day Docket (to be heard Thursday at 10:00 a.m.)   Deadline is Friday at 12:00 p.m.
  2.  Addendum or Revised CW Day Docket (to be heard Thursday at 10:00 a.m.) -  Deadline is Wednesday at 1:00 p.m. 
  3.   Bond motions at 9:00 a.m. on non-Thursdays - Only for good cause, by special permission, if Defendant's appearance is waived, and a court reporter is already scheduled to be present for another criminal matter -      Deadline is 1:00 p.m. on the day prior to the hearing


 E.   DOCKET DISTRIBUTION

  1.   CW Day Docket - Published and distributed on Friday afternoon to include all matters properly docketed prior to the 12:00 p.m. Friday deadline.
  2.   Draft  Addendum or Draft Revised CW Day docket  - Published and distributed on Wednesday afternoon to include all matters properly docketed prior to the Wednesday  1:00 p.m. deadline.
  3.   Final Addendum or Final Revised CW Day Docket -  Published and distributed on Thursday morning.

    

 F.   GRAND JURY 

 A Grand Jury is impaneled on the second Monday of every month at 9:00 a.m., except in May, when the Grand Jury convenes on the third Monday. Specific dates of the Grand Jury are included on the Circuit Court’s criminal calendar that is posted on the Circuit Court’s website at www.alexandriava.gov/CircuitCourt >> scroll to “Local Procedures-Criminal”. During COVID-19, a Grand Jury may not be empaneled every month.     


 G.   INCLEMENT WEATHER AND EMERGENCY CLOSURE POLICY

The Circuit Court will be closed when the Alexandria City Government (not the City schools) is closed or when the Alexandria City Government is two (2) or more hours late in opening due to inclement weather or emergency. The Alexandria City Employee Hotline is updated with the information as well (703.746.4636).

H.   INTERPRETERS

If an interpreter is needed, call 703.746.4630 or email Doralisa Pilarte, Spanish Staff Interpreter and Interpreter Coordinator at dpilarte@vacourts.gov.


 

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DOCKETS


1.    CW DAY - FULL DOCKET WITH 2 JUDGES 

         2nd and 4th Thursdays of the month at 10:00 a.m. 

                        Generally on the same week as Motions Day. 

                        Check Court’s calendar to confirm dates - www.alexandriava.gov/CircuitCourt       >> scroll to “Criminal-Local Procedures”.

            Matters to be scheduled on the 2 judge docket include pretrial matters and bench trials expected to last two (2) hours or less.

            Matters that CANNOT be scheduled on the 2 judge docket - Any pretrial matter or bench trial lasting more than 2 hours shall be scheduled on a date-certain instead.

            Time limit:     2 hours or less for the 2 judge (Full) CW Day docket.

             Deadline:        Friday at 12:00 p.m.  If a holiday occurs in the week prior to the CW Day, the deadline is advanced one day for each day the Court is closed.

            Procedure for scheduling: 

             1-A.     File motion and notice with Clerk of Circuit Court.

            1-B.     Deliver a courtesy copy to opposing counsel or Commonwealth’s Attorney; and

            1-C.     Deliver a courtesy copy to Judges’ Chambers’ 4th floor drop box.

 

2.    CW DAY - SHORT DOCKET WITH 1 JUDGE 

         1st, 3rd, and 5th Thursdays of the month at 10:00 a.m. 

                        Generally on weeks when there IS NOT a Civil Motions Day. 

                        Check Court’s calendar to confirm dates - www.alexandriava.gov/CircuitCourt    >> scroll to “Criminal-Local Procedures”.

            Matters to be scheduled on the 1 judge docket include plea dispositions, bond motions, bond reconsiderations, set dates, other short matters lasting under 1 hour.

            Matters that CANNOT be scheduled on the 1 judge docket

                        A.        Motions and other pretrial matters lasting longer than 1 hour, but less than 2 hours, shall be scheduled on the 2 judge docket instead.

                        B.        Trials

                                    (1)        Jury trials shall be scheduled on a date-certain. See paragraph 19.

                                    (2)        Non-jury trials cannot be scheduled on the 1 judge (Short) CW Day docket.

                                    (3)        Non-jury trials lasting two hours or less shall be scheduled on a 2 judge (Full) CW Day docket. See paragraph 1.

                                    (4)        Non-jury trials lasting longer than two hours shall be scheduled for a date-certain.  See paragraph 20.

                        Exception - A  judge may give advance permission to schedule a matter lasting more than 1 hour on the 1 judge docket.

 

            Time limit:     1 hour or less for the 1 judge (short) CW Day docket.

           Deadline:        Friday at 12:00 p.m.  If a holiday occurs in the week prior to the CW Day, the deadline is advanced one day for each day the Court is closed.

            Procedure for scheduling:     See paragraph 1.

   

3.    ADDENDUM OR REVISED DOCKET - ON ANY CW DAY 

         Thursdays at 10:00 a.m. 

                The Court’s expectation is that only selected non-substantive, abbreviated pretrial matters are scheduled for the CW Day Addendum, including bond motions, plea dispositions, and set-date hearings. 

              Deadline:        Wednesday at 1:00 p.m.  If a holiday occurs in the week prior to the CW Day, the deadline is advanced one day for each day the Court is closed.

              Procedure Scheduling

         1-A.    **EXTRA STEP**   For any motion other than bond motions, continuances, plea dispositions, or set-date hearings, call Judges’ Chambers (703.746.4123) for permission to docket the motion.

                        1-B.    For bond motions, continuances, plea dispositions, or set-date hearings, proceed to Step 2.

                        2-A.   File motion and notice with Clerk of Circuit Court.

                        2-B.    Deliver a courtesy copy to opposing counsel or Commonwealth’s Attorney; and

** IMPORTANT **To ensure timely docketing of bond motions and other select-matters added to the docket with permission of Judges’ Chambers, filed motions/notices should also be emailed to the attention of (a) the case prosecutor; b) a deputy Commonwealth’s Attorney; and (c) Eva Acosta at eva.acosta@alexandriava.gov.

                        2-C.    Deliver a courtesy copy to Judges’ Chambers’ 4th floor drop box.

                                                          

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MOTIONS - TIME LIMITATIONS


 

4.    MOTIONS LASTING 2 HOURS OR LESS 

            Second (2nd) and Fourth (4th) Thursdays of the month at 10:00 a.m.

                        Generally on the same week as Motions Day. 

                        Check Court’s calendar to confirm dates - www.alexandriava.gov/CircuitCourt

                                    >> scroll to “Criminal-Local Procedures”.

            Motions to be scheduled on the 2 judge docket include pretrial motions requiring a lengthy evidentiary hearing.

            Constitutional motions, both non-substantive or substantive,  shall be heard on the 2 judge CW Day docket.  See paragraph 9.

                       

Time limit:           2 hours or less for the 2 judge (Full) CW Day docket.

Deadline:              Friday at 12:00 p.m.  If a holiday occurs in the week prior to the CW Day, the deadline is advanced one day for each day the Court is closed.

Procedure:           1-A.               File motion and notice indicating the date the motion will be heard with Clerk of Circuit Court.

                              1-B.                Deliver a courtesy copy to opposing counsel or Commonwealth’s Attorney; and

                              1-C.                Deliver a courtesy copy to Judges’ Chambers’ 4th floor drop box.

                               2-A.              File response to non-constitutional motions with Clerk of Circuit Court (Deadline: 12:00 p.m. on Tuesday)

                              2-B.                Deliver a courtesy copy to opposing counsel or Commonwealth’s Attorney; and


5.    MOTIONS LASTING 2 HOURS OR MORE

If any pretrial matter is believed to exceed 2 hours, the motion must be scheduled for a set-date hearing on any CW Day docket to select a date‑certain on which the motion will be heard. See paragraph 16.


6.    MOTIONS ON A NON-CW DAY when a witness is unavailable or for other good cause

The motion shall be scheduled for a set-date hearing on a CW Day to select a non-CW day for the motion to be heard. Judges’ Chambers permission is not required prior to docketing the set date hearing on the Addendum docket. See paragraph 16.



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SCHEDULING - DETAILED INFORMATION

7.    BOND MOTIONS


A.        Bond Motions on Thursdays

Bond motions are generally short, and therefore may be heard on any Thursday at 10:00 a.m., either on the CW Day docket or the Addendum or Revised Docket. A court reporter is always present for all CW Day dockets.

 

Dockets at which Court Reporters are always present
Deadline Type of Docket Date/Time
Friday at 12:00 p.m. CW Day docket – Thursday at 10:00 a.m.
Wednesday at 1:00 p.m. CW Day Addendum or Revised docket – Thursday at 10:00 a.m.

 

Procedure:  Prior to the deadline (see above),

                       1-A.     File bond motion and notice with Clerk of Circuit Court.

                       1-B.     Deliver a courtesy copy of bond motion and notice to Commonwealth’s Attorney;

                      1-C.      Call Commonwealth’s Attorney (703.746.4100) to confirm receipt of bond motion and notice; and

IMPORTANT: To ensure timely docketing of any bond motion, digital copies of the bond motion and notice may be emailed to the attention of (a) the case prosecutor; (b) a deputy Commonwealth’s Attorney; and (c) Eva Acosta at Eva.Acosta@alexandriava.gov.

                     1-D.      Deliver a courtesy copy of bond motion and notice to Judges’ Chambers’ 4th floor drop box.

                     2.           At the bond hearing, Defense counsel shall bring a proposed order with blank lines to be completed and entered by the judge if the bond motion is granted. If the bond motion is denied, the Clerk of Court will prepare the order.

 

B.  Bond Motions on Non-Thursdays

For good cause and by permission from Judges’ Chambers only, bond motions may also be scheduled on a non‑Thursday

only if  (a) a judge grants permission; (b) there is a 9:00 a.m. docket; (c) Defendant’s appearance is waived; and (d) a court reporter is already scheduled to be present for another criminal matter.

 

 Deadline:        1:00 p.m. on the day prior to the bond hearing.

Procedure:     Prior to the deadline,  

1-A.   Call Judges’ Chambers (703.746.4123) for permission to docket.

2-A.   File bond motion and notice with Clerk of Circuit Court.

2-B.    Deliver a courtesy copy of bond motion and notice to Commonwealth’s Attorney;

2-C.    Call Commonwealth’s Attorney (703.746.4100) to confirm receipt of bond motion and notice; and

                  IMPORTANT: To ensure timely docketing of any bond motion, digital copies of the bond motion and notice may be emailed to the attention of (a) the case prosecutor; (b) a deputy Commonwealth’s Attorney; and (c) Eva Acosta at Eva.Acosta@alexandriava.gov.

2-D.   Deliver a courtesy copy of bond motion and notice to Judges’ Chambers’ 4th floor drop box.

3.        At the bond hearing, Defense counsel shall bring a proposed order with blank lines to be completed and entered by the judge if the bond motion is granted. If the bond motion is denied, the Clerk of Court will prepare the order.


 

8.    Bond Reconsiderations

Judge’s permission must be received prior to docketing any reconsideration of a bond motion.

 

Procedure:  1-A.        Prepare a letter addressed to a specific Judge requesting permission to docket the reconsideration motion. Include any new information that should be brought to the Judge’s attention and the email addresses for all counsel.

                     1-B.        File the letter with the Clerk of Circuit Court.

                     1-C.        Deliver a courtesy copy to Commonwealth’s Attorney.

                     1-D.        Deliver a courtesy copy to Judges’ Chambers’ 4th floor drop box.

                        2.            Judges’ Chambers will contact defense counsel and the Commonwealth’s Attorney regarding the judge’s decision to either grant or deny permission to docket the reconsideration motion.

                        3.            If permission to docket is granted, the Commonwealth’s Attorney will accommodate the judge’s scheduling request.



9.    CONSTITUTIONAL MOTIONS - Substantive or Non-Substantive

Absent special permission, all Constitutional motions, substantive or non-substantive, shall be scheduled according to the length of time required for argument  

 

A.     Constitutional Motions - 2 Hours or Less

            When:             CW Day (Full) Docket with 2 Judges –

            2nd and 4th Thursdays of the month at 10:00 a.m.

                                                            Generally on weeks when there IS NOT a Civil Motions Day.

                                                            Check Court’s calendar to confirm dates –

                                                                        www.alexandriava.gov/CircuitCourt

                                                                        >> scroll to “Criminal-Local Procedures”.

            Deadline:        Friday at 12:00 p.mIf a holiday occurs in the week prior to the CW Day, the deadline is advanced one day for each day the Court is closed.

            Procedure:     1-A.           SPECIAL DEADLINE - Two weeks prior to the hearing date - File motion and notice indicating the date the motion will be heard with Clerk of Circuit Court;

                                    1-B.           Deliver a courtesy copy of motion and notice to opposing counsel or Commonwealth’s Attorney; and

                                    1-C.           Deliver a courtesy copy of motion and notice to Judges’ Chambers’ 4th floor drop box.

                                    2-A.           One week prior to the hearing dateFile response;      

                                    2-B.           Deliver a courtesy copy of motion and notice to opposing counsel or Commonwealth’s Attorney; and

                                    2-C.           Deliver a courtesy copy of motion and notice to Judges’ Chambers’ 4th floor drop box.

 

B.        Constitutional Motions - 2 Hours or More

The motion must be scheduled for a set-date hearing on any CW Day docket to select a date‑certain on which the motion will be heard. See paragraph 16.


11.    MOTIONS - ALL OTHER MOTIONS, INCLUDING EVIDENTIARY HEARINGS, SUPPRESSIONS, ETC.

A.        MOTIONS – 2 HOURS OR LESS

            (See paragraph 9 for Constitutional motions)

            When:             CW Day (Full) Docket with 2 Judges –   2nd and 4th Thursdays of the month at 10:00 a.m.

                                     Generally on weeks when there IS NOT a Civil Motions Day.

                                    Check Court’s calendar to confirm dates – www.alexandriava.gov/CircuitCourt    >> scroll to “Criminal-Local Procedures”.

            Deadline:        Friday at 12:00 p.mIf a holiday occurs in the week prior to the CW Day, the deadline is advanced one day for each day the Court is closed.

            Procedure:     See paragraph 4.

 

B.        MOTIONS – 2 HOURS OR MORE

The motion must be scheduled for a set-date hearing on any CW Day docket to select a date‑certain on which the motion will be heard. See paragraph 16.


12.    NOTIFY CHAMBERS WHEN TRIALS OR MOTIONS ARE REMOVED FROM THE DOCKET

In the event a trial or motion is removed from the docket for any reason, the Court must be notified immediately.

            For all motions and non-jury trials 

            During business hours, call Judges’ Chambers (703.746.4123).

            After business hours, email the Court Administrators.

 

            For jury trials only  

            During business hours, call Judges’ Chambers (703.746.4123).

            After business hours, email the Court Administrators and leave a message for the Jury Coordinator (703.746.4347).

 

            Court Administrator emails

            Lori.Knoernschild@alexandriava.gov

            Lucy.Scalsky@alexandriava.gov

            Jennifer.LazoTorres@alexandriava.gov  


13.    PLEA DISPOSITIONS

are generally short, and therefore may be heard on any CW Day docket, including the Addendum docket. Judges’ Chambers’ permission is not needed prior to docketing on the Addendum. 

Deadline:        Friday at 12:00 p.m.  for the CW Day docket.

                        Wednesday at 1:00 p.m. for the Addendum or Revised CW Day docket. If a holiday occurs in the week prior to the CW Day, the deadline is advanced one day for each day the Court is closed.


14.    PROBATION VIOLATION HEARINGS

may be scheduled on any CW Day (Full) or (Short) docket. Probation violations cannot be scheduled on the addendum.

Deadline:        Friday at 12:00 p.m.  for the CW Day docket.  If a holiday occurs in the week prior to the CW Day, the deadline is advanced one day for each day the Court is closed.

             

15.    SENTENCINGS

            A.        CW Day (Full) Docket with 2 judges on the 2nd and 4th Thursdays of the month.

           B.       CW Day (Short) Docket with 1 judge on other Thursdays ONLY IF THE SENTENCING JUDGE IS SCHEDULED TO PRESIDE OVER THE ONE JUDGE DOCKET.

            C.      Sentencings cannot be scheduled on the Addendum or Revised CW Day docket.

Deadline:   Friday at 12:00 p.mIf a holiday occurs in the week prior to the CW Day, the deadline is advanced one day for each day the Court is closed.


16.   SET-DATE HEARINGS for FELONY CASES

            Set-date hearings are used to set a trial date after the defendant has been indicted, or to schedule a date-certain for motions lasting longer than two (2) hours. The set-date docket is generally short, and therefore set-dates may be heard on any CW Day docket, including the Addendum or Revised CW Day docket.

  A.        Schedule a Set-Date Hearing

            Deadline:        Friday at 12:00 p.m.  for the CW Day docket.

                                    Wednesday at 1:00 p.m. for the Addendum or Revised CW Day docket. If a holiday occurs in the week prior to the CW Day, the deadline is advanced one day for each day the Court is closed.

            Procedure:     Contact Commonwealth’s Attorney to schedule the set-date hearing. Judges’ Chambers’ permission is not needed prior to docketing a set date hearing on the Addendum. 


B.        Prepare for the Set-Date Hearing

            Counsel are encouraged to consult the criminal calendar posted on the Court’s website prior to the set‑date hearing and communicate with opposing counsel to select an agreed date, which will be discussed with the judge at the set‑date hearing. 
 

C.        What Happens at the Set-Date Hearing

                        (1)        A trial date is selected, or a date-certain for a motion lasting 2 hours or more is selected.  Counsel requests an agreed-upon date for the trial. If counsel are unable to agree to a trial date, the Court shall provide counsel with available dates, giving priority to those cases involving in‑custody defendants if possible. The expectation is older cases will be scheduled on the earliest available trial date;

                        (2)        Jury or non-jury is selected. Trial by jury is mandatory in criminal trials unless waived by the defendant, the prosecutor, and the Court.  See Prosecution in Alexandria's Courts for additional information.

                        (3)        Jury election/waiver form is signed by Defendant

                                    a.         In court on a CW Day in advance of the trial dateEffective 9/1/2021, this policy has been reinstated and all defendants are required to appear in person for the jury election/waiver hearing.

                                    b.         If the jury election/waiver form is not signed at the set‑date hearing, a separate jury election/waiver hearing must be scheduled at least one month prior to the date of the jury trial.


D.         After CW Day, the Commonwealth’s Attorney’s office will notify Judges’ Chambers regarding (a) any dates for criminal trials or motions added; and (b) any criminal trials or motions removed from the docket.  



17.    SHOW CAUSE HEARINGS

 are generally shorter hearings, typically lasting 1 hour or less, and may be scheduled on any CW Day docket, except the Addendum or Revised CW Day docket.

Deadline:        Friday at 12:00 p.m.  for the CW Day docket.  If a holiday occurs in the week prior to the CW Day, the deadline is advanced one day for each day the Court is closed.


18.  WITHDRAWAL MOTIONS

are generally short, and therefore may be heard on any CW Day docket, including the Addendum docket. Judges’ Chambers’ permission is not needed prior to docketing a withdrawal motion on the Addendum.

Deadline:        Friday at 12:00 p.m.  for the CW Day docket.

                        Wednesday at 1:00 p.m. for the Addendum or Revised CW Day docket. If a holiday occurs in the week prior to the CW Day, the deadline is advanced one day for each day the Court is closed.


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TRIALS

19.    JURY TRIALS DURING COVID-19

           For all jury trials, including felony cases and TMAD cases - Jury trials are being conducted according to the Revised Jury Resumption Plan approved by the Virginia Supreme Court on February 25, 2021, posted at www.alexandriava.gov/CircuitCourt (scroll to “Jury Service during COVID-19”). 

            Scheduling of Jury Trials is based on the estimated number of days  the jury trial is expected to take.

            Maximum number of jury trials per week

                                      (1)    3 days or less – maximum of 2 jury trials per week.

                                               One jury trial must start on a Monday.

                                               The other jury trial must start on a Wednesday.

                                      (2)    4 days or more – maximum of 1 jury trial per week.

                                               The jury trial must start on a Monday.

            Start time:      is always  at 10:00 a.m. for both felony and traffic/misdemeanor appeals.

            Procedure:     See set-date procedure in paragraph 16.


20.   JURY TRIALS DURING COVID-19

Non-jury felony trials are scheduled based on the estimated length of trial.  

 

A.        TWO HOURS OR LESS – NON-JURY TRIALS

            When:             On CW Day (Full) Docket with 2 Judges –

            2nd and 4th Thursdays of the month at 10:00 a.m.,  generally on the same week as Motions Day. 

            Refer to the Court’s calendar that is posted on the website www.alexandriava.gov/CircuitCourt >> scroll to “Criminal-Local Procedures”.

            Procedure:     See set-date procedure in paragraph 16.

   

 B.        TWO HOURS OR MORE – NON-JURY TRIALS

            When:             On Friday at 10:00 a.m. during COVID-19

            Procedure:     See set-date procedure in paragraph 16.


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TRAFFIC/MISDEMEANOR APPEALS ("TMAD") 

Post-conviction misdemeanor and traffic offenses matters appealed from the General District Court (“GDC”) or Juvenile and Domestic Relations District Court (“JDR”), including (a) Class I or Class II (jailable offenses), and (b) Class III or Class IV (non‑jailable offenses).


21.  TMAD APPEAL PROCESS

 A.        Defendant notes appeal

                        (1)        On or before the appeal deadline, the Defendant notes the appeal with the GDC or JDR clerk by signing the “Notice of Appeal” Form DC‑370. The DC-370 was prepared by the GDC or JDR clerk, who assigned a set‑date and jury election/waiver hearing for the first CW Day following the expiration of the 10‑day period during which the defendant may withdraw the appeal.

                        (2)        By signing Form DC‑370, the Defendant promises to appear in Circuit Court for the set‑date and jury election/waiver hearing.

                        (3)        If defendant does not withdraw the appeal within 10 days, the paperwork is sent from GDC or JDR to the Clerk of Circuit Court, who assigns a case number and dockets the case for a set-date and jury election/waiver hearing on the date assigned by the GDC or JDR clerk.

B.        Preparing for the Set-Date Hearing

            Counsel are encouraged to consult the criminal calendar posted on the Court’s website prior to the set‑date hearing and communicate with opposing counsel to select an agreed date, which will be discussed with the judge at the set‑date hearing. 

C.        What Happens at the Set-Date Hearing

                        (1)        A trial date is selected.  Counsel requests an agreed-upon date for the trial. If counsel are unable to agree to a trial date, the Court shall provide counsel with available dates, giving priority to those cases involving in‑custody defendants if possible. The expectation is older cases will be scheduled on the earliest available trial date.

                        (2)        Jury or non-jury is selected. Trial by jury is mandatory in criminal trials unless waived by the defendant, the prosecutor, and the Court.  See Prosecution in Alexandria's Courts for additional information.

                        (3)        Jury election/waiver form is signed by Defendant

                            a.         In court on a CW Day in advance of the trial dateEffective 9/1/2021, this policy has been reinstated and all defendants are required to appear in person for the jury election/waiver hearing.

                                    b.         If the jury election/waiver form is not signed at the set‑date hearing, a separate jury election/waiver hearing must be scheduled at least one month prior to the date of the jury trial.


 

22.  TMAD MOTIONS

TMAD MOTIONS are heard on CW Days, therefore the CW Day deadlines apply.

A.        TMAD MOTIONS - TWO HOURS OR LESS

            See paragraph 12A for scheduling pretrial motions lasting two hours or less.

            B.        TMAD MOTIONS - TWO HOURS OR MORE

            See paragraph 12B for scheduling pretrial motions lasting two hours or more.

 

23.       TMAD SET-DATE HEARINGS

            See paragraph 21.

 

24.       TMAD TRIALS

 A.        JURY TRIALS during COVID-19 start at 10:00 a.m. on a non-TMAD day.

See paragraph 19 for scheduling jury trials.

B.        NON-JURY TRIALS:  2 HOURS OR LESS  shall be scheduled to start at 9:00 a.m. on TMAD (the 3rd Tuesday of the month).

See paragraph 21.

C.        NON-JURY TRIALS:  2 HOURS OR MORE  shall be scheduled to start at 10:00 a.m. on a non-TMAD day. 

See paragraph 21.


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OTHER


25.   VOUCHERS FOR COURT-APPOINTED ATTORNEYS IN CRIMINAL CASES

Attorneys who accept criminal cases on a court-appointed basis are shall file a complete and properly filled out payment voucher for approval by a Circuit Court judge. Court-appointed attorneys who hire other individuals, such as private investigators, mental health experts and the like, shall be responsible for having those persons submit complete and properly filled out payment vouchers to the Clerk of Circuit Court for approval by a Circuit Court judge.

The original voucher is filed with the Clerk of Circuit Court (Room 307).   The voucher must include the “in court” and “out of court” time, the statutory fee amount requested and any fee waiver that is sought. The Clerk of Court will forward the voucher to a Circuit Court Judge for approval. 


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