- Rule 3:2. Motion Day
Praecipe and Docket.
- In order to place matters required by Rule 3:1 to be placed on a
Motion Day docket of a Court, counsel or a part not in default and
not represented by counsel shall file in the clerk's office a
Praecipe duly signed
and in the form of the form praecipe provided for in Rule 1:15(b)
and the Appendix thereto of the
Supreme Court of Virginia
or Form 3:2(a) of the Appendix hereto, not less
than seven (7) nor more than thirty (30) days prior to the Motion Day
to which it is returnable. The certificate of service shall contain the
names and addresses of all persons entitled to receive the praecipe.
The clerk of each Court shall maintain a docket sheet for each Motion
Day of that Court and shall list thereon seriatim each case
for which a proper praecipe under (a) of this Rule has been timely
filed, noting as to each the short style of the case, the names of
counsel, including parties not in default and not represented by
counsel, the purpose of the hearing the hour at which it is scheduled
to commence and the estimate of time required for
the hearing. The order in which matters are listed for the hearing on
the Motion Day docket shall be in the discretion of the Clerk.
At least five (5) days before each Motion Day of a Court, the Clerk
thereof shall mail a copy of the docket for such day to all Virginia
counsel of record and all unrepresented parties not in default.
Failure of the Clerk to mail as required by this paragraph shall not
stay any proceeding or be ground for continuance.
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