Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

Fairfax county circuit court Civil Virginia Can a rule to

Customer Question
Fairfax county circuit court Civil Virginia Can a...
Fairfax county circuit court
Civil
Virginia
Can a rule to show cause be docketed prior to a person being served?
Submitted: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
5/6/2016
Lawyer: Lucy, Esq., Attorney replied 1 year ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30,986
Experience: Lawyer
Verified
Hi, I'm Lucy, and I'd be happy to answer your questions today. Anything that is filed is typically docketed immediately, before the other party is served. Can you tell me more about your situation? Are they refusing to accept the Rule to Show Cause for filing without a Proof of Service?
Ask Your Own Legal Question
Customer reply replied 1 year ago
A Rule to show cause was docketed at calendar control without me being present or having even see the motion. I was served days later with the motion. I had no input whatsoever in setting the hearing date or length.
Lawyer: Lucy, Esq., Attorney replied 1 year ago
That's actually pretty common. The motion is docketed and a hearing date requested, and then the motion is put in the mail and served on the other party. If you're not able to make it to the hearing, you can file a Motion to Continue, asking for another date.
Ask Your Own Legal Question
Customer reply replied 1 year ago
Will the motion for a continuance be ruled on before the hearing or at the hearing?
Lawyer: Lucy, Esq., Attorney replied 1 year ago
It's supposed to be heard before the hearing, because the purpose of the motion is so you don't have to appear on the hearing date. If the judge hasn't ruled on a Motion to Continue before the hearing date, the hearing will continue as planned, and you have to be there. If the hearing is coming up in the next couple of weeks and it's physically impossible for you to be there (impossible in the legal sense means that you'll be deployed overseas with the military, out of town due to a pre-planned and paid for vacation in the hospital having a major surgery or in jail), you may want to hire a local attorney to attend that court date on your behalf, in case the motion is denied.
Ask Your Own Legal Question
Customer reply replied 1 year ago
If the key witness cannot be at the hearing due to health reason, is the court likely to grant a continuance?
Lawyer: Lucy, Esq., Attorney replied 1 year ago
That's a good reason for requesting a continuance, although the judge can choose to also allow the witness to appear by phone (if possible).
Ask Your Own Legal Question
Customer reply replied 1 year ago
There was just a deposition. Testimony from the depo has caused me to need more time to address this information . I need to get the transcript and review it and locate counter witnesses. Is this a reason for a continuance ? Do I ask for a continuance or a new trial date ? What is the difference?
Lawyer: Lucy, Esq., Attorney replied 1 year ago
A continuance means the current trial date is pushed back. A new trial date is usually what you ask for when there isn't a date already scheduled. But yes, you can ask for a continuance if you've gotten new information and you need time to prepare. That's a valid reason. Judges will usually give one or two continuances without much of an issue. They start to get more frugal with changing the date when a case has been continued multiple times or dragging on for a long time. Please rate my answer positively to ensure I get paid for all the time I have spent answering questions for you this month. There is no charge for related follow-up questions asked after rating.
Ask Your Own Legal Question
Customer reply replied 1 year ago
What is the typical amount of time that a trial can be moved back ? In other words, when I request the continuance , do I say how much time I need? One month or two ?
Lawyer: Lucy, Esq., Attorney replied 1 year ago
"Typical" really depends on why you're asking for it. It takes time for the transcript to be created, so the starting point, if you don't already have it, is to call the transcriptionist and ask. That way, you can say in the motion, "The transcript will not be available until DATE. It will take X days to review and prepare...." Usually, a week or ten days is enough to read through it once you have it, but you can ask for a month if the transcript is likely to help lead you to other witnesses/evidence. You probably wouldn't get two months AFTER the transcript is delivered to you, but two months including the time to type it up might not be unreasonable.
Ask Your Own Legal Question
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30,986
30,986 Satisfied Customers
Experience: Lawyer

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I am appealing a restraining order in Oregon's Circuit Court
I am appealing a restraining order in Oregon's Circuit Court Tomorrow, and need to understand the protocol at such a proceeding. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
Is there any issue with providing video deposition testimony
is there any issue with providing video deposition testimony (from a party to the same lawsuit) as an exhibit to a motion or opposition?… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,088 satisfied customers
I got a show cause hearing for child support but I am
I got a show cause hearing for child support but I am waiting for my disability decision what should I do … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Does a motion for additur also included a new trial. Fl. 14
Does a motion for additur also included a new trial … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Can a retired circuit court judge in Nashville, Tennessee
Can a retired circuit court judge in Nashville, Tennessee preside over a civil wedding in Aspen,Colorado and sign the marriage certificate? If not are any commits rules that would authorize his author… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
My ex-wife filed a show cause, we went to court and the
Hello, my ex-wife filed a show cause, we went to court and the judge ruled in my favor, my ex-wife was not happy, so she went ahead and filed the same show cause again for the exact same issue, is thi… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Can one circuit court judge overturn another's decision on a
Can one circuit court judge overturn another's decision on a matter already heard … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I received a circuit court disposition order in and for
I received a circuit court disposition order in and for browsed county . It says restitution converted to civil lien. I have several questions… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,290 satisfied customers
Filed motion to stay money judgement in circuit court
filed motion to stay money judgement in circuit court pending appeal refused to rule citing lack of jurisdiction appellate court denied … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I need to answer Order to Show cause for a repossession.
I need to answer Order to Show cause for a repossession. … read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers
9-22-17 draft ______________ In the 8th Circuit Court of
9-22-17 draft ______________ In the 8th Circuit Court of Cheshire County State of New HampshirePlaintiff, Amy Zuckerman Vs, Defendant, ***** *****COMPLAINTNow comes the Plaintiff, Amy Zuckerman, and f… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I got denied in New Jersey an order to show cause. can this
I got denied in New Jersey an order to show cause. can this denial get appealed quickly and is there a chance a Judge will over rule themselves. in desperate need of the OTSC … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I just received an Order to show cause notice for failure to
I just received an Order to show cause notice for failure to attend jury service. I have always responded and served and I did see any notice on this one. What can I do? Am I in trouble? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
When does a circuit court want a "line"? Adding a name or
When does a circuit court want a "line"? Adding a name or fixing an address? Why can't we just submit a revised form? Are there rules for when a line needs to be filed and how to do it?… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,255 satisfied customers
I need to submit a memorandum of appeal to the circuit court
I need to submit a memorandum of appeal to the circuit court opposing a district court judgement. I need help with format of the memorandum for Maryland courts and also maybe some help in writing the … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,088 satisfied customers
I have a question about a letter to show cause. New york. I
hi there...i have a question about a letter to show cause … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
We were served with a summons in circuit court for a bill
We were served with a summons in circuit court for a bill that we did default on, I sent in the paper work and then the case went cold, we then received from the lawyer a dismissal without prejudice a… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I filed an emergency order to show cause with temporary
I filed an emergency order to show cause with temporary restraining order in Supreme Court and had an oral argument with judge and defendants attorneys, the relief I sought was to stay a civil housing… read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,457 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x