Scheduling Decree For Causes Referred To Commissioner In Chancery Form. This is a Virginia form and can be use in Norfolk Local County.
Tags: Scheduling Decree For Causes Referred To Commissioner In Chancery, 2, Virginia Local County, Norfolk
Form 2 Scheduling Decree for Causes Referred to a Commissioner in Chancery VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF NORFOLK , Plaintiff, v. In Chancery No. C , Defendant. SCHEDULING DECREE FOR CAUSES REFERRED TO A COMMISSIONER IN CHANCERY Pursuant to Local Rule 2 of this court, IT IS DECREED: 1. The Commissioner’s hearing shall commence on , 200___ at a.m./p.m. A continuance will only be granted by the Court or Commissioner for good cause. Good cause shall NOT normally include those reasons stated in the Court’s written civil continuance policy. If a continuance is granted counsel shall promptly reschedule a hearing date and submit an appropriate scheduling order within fourteen days of the granting of the continuance. 2. All discovery shall be completed thirty days before the Commissioner’s hearing. "Completed" means that (1) interrogatories and requests for production or admission must be served so that responses thereto will be due on or before the cut-off date, (2) all depositions upon written questions or oral examination, excluding de bene esse, be completed by the cut-off date, and (3) motions to compel shall be heard before the cut-off date A de bene esse deposition to may be taken up to fifteen days before the Commissioner’s hearing. These cut-off dates may not be extended by agreement of counsel. Any discovery motion filed shall contain a certification that counsel has made a good faith effort to resolve the matters in controversy with opposing counsel. The party taking a deposition or obtaining material through discovery is responsible for its preservation and delivery to the Court if needed or so ordered. 3. If requested in discovery, counsel for plaintiff shall identify all expert witnesses ninety days before the Commissioner’s hearing. If requested in discovery, counsel for defendant shall identify all expert witnesses sixty days before the Commissioner’s hearing. Identification shall set out all information discoverable under Rule 4:1(b)(4)(A)(I); except as provided in paragraph 4, no American LegalNet, Inc. www.FormsWorkflow.com separate document need be filed identifying an expert so identified in discovery. An expert will not ordinarily be allowed to testify at the hearing about any non-disclosed opinion. The foregoing deadlines shall not relieve a party from responding to discovery requests within the times set forth in Part Four of the Rules of the Supreme Court. 4. If ordered by the Commissioner, counsel shall exchange exhibits and a list of witnesses fifteen days before the hearing date. A list of exhibits and witnesses shall be filed with the Clerk of Court simultaneously therewith but the exhibits shall not then be filed. Exhibits shall be listed individually; for example, "all medical records" will not suffice. 5. The Commissioner shall file his report within sixty days of the conclusion of the hearing, except in divorce and annulment cases where a different period is prescribed by Local Rule 1 and except where, by leave of court, more time is allowed. If the Commissioner requests a transcript of the hearing it shall be delivered to him within fourteen days of the conclusion of the hearing; the Commissioner may extend this time for good cause shown. 6. If no exceptions are filed to the Commissioner’s report, a final decree conforming to the report shall be presented to a Judge of the Court for entry within thirty days of the filing of the Commissioner’s report. 7. Exceptions filed to the Commissioner’s report shall be heard by the Court within sixty days of the filing of the Commissioner’s report. Any brief for the exceptions hearing shall be filed at least seven days before the hearing. 8. Upon the taking of a non-suit or settlement of the case, counsel shall notify the Clerk as provided in local rule 2 A (6) and the commissioner in chancery. 9. The Commissioner shall have the authority pursuant to Code of Virginia §8.01-576.5 to order a dispute resolution evaluation session of any issues in the suit. 10. The time limits and prohibitions in this decree may be waived or modified by the Court or the Commissioner for good cause shown. ENTERED JUDGE We ask for this: , p.q. _______________________, p.d. American LegalNet, Inc. www.FormsWorkflow.com