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Court Comparison Chart

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									                                                                 COURT PROCEDURE COMPARISONS


                                  **Please note that this chart is meant as a guide only and all rules should be checked.
                    Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                     Federal Court                             Circuit Court              General District            J&D                 Worker's Comp



ORIGINAL PLEADINGS

Name of           Complaint                                      (PAV 2/08) Complaint (or in         Notice of Motion     Specific pleading    Rule 1: Claim for Benefits --
Original          (See FRCP 3)                                   some instances, Petition [like for for Judgment or       named                is a form, VWC Form 5;
Pleading                                                         wrongful death settlement]          Warrant in Debt or                        claim is not documented
                                                                 (Rule 3:2)                          Warrant in                                until medical evidence is
                                                                                                     Detinue, etc.                             submitted; may also file for
                                                                 (PAV 2/08) Since 1/1/06, there                                                additional benefits based on
                                                                 is no longer Law and Chancery                                                 change of condition.
                                                                 sides of Circuit Court, all cases                                             Rule 1:4 Employer may file
                                                                 now have Civil Action No.                                                     application for hearing under
                                                                 (Rule 3:1)                                                                    oath and must submit
                                                                                                                                               documentation; copy Mailed
                                                                                                                                               to Employee

Filing of Original The Clerk shall require a complete and        (PAV 2/08) Must file w/ Civil       Original & 1 copy    Original & 1 copy for Filed w/ the Commission;
Pleading          executed AO Form JS 44(a), Civil Cover         Cover Sheet (available on web); for each defendant each defendant             they handle notification of
                  Sheet, to accompany each civil action filed. call court or see fee schedule for                                              claim to the employer and
                           (See Local Rule 4c)) except as to filing fees                             See fee schedule     No fee to file       carrier; no filing fee.
                  actions filed by prisoners & other litigants                                                                                 Change of condition
                  proceeding as pro se.                          (PAV 2/08) Original & 1 copy for                                              application is mailed to
                                                                 each defendant; service copies                                                employer/ carrier
                  See fee schedule                               need not have exhibits attached,                                              If no supporting documen-
                                                                 if any. (Rule 3:4)                                                            tation is filed by the
                                                                COURT PROCEDURE COMPARISONS


                               **Please note that this chart is meant as a guide only and all rules should be checked.
                Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                  Federal Court                              Circuit Court              General District             J&D              Worker's Comp


               If dealing with foreign law, must notice other                                                                                employee w/i 90 days,
               side (see Rule 44.1)                             (PAV 2/08) Actions must be filed                                             case may be dismissed on
                                                                w/i applicable Va. Code                                                      Motion of Employer/ Carrier
               file when entering appearance for first          8.01-228-256 SOLs
               time (no more 14 day provision), must file
               financial disclosure (See Local Rule 7.1) If
               a person, no need to file financial
               disclosure. Must file 2 copies of disclosure
               with the court.(CPS 2/08)




Issuance and   Summons:                                         (PAV 2/08) Court prepares          Sheriff (no fee) or Sheriff (no fee) or   None, handled by the
Service of     After filing Complaint, plaintiff may present    original Summons; may serve by private                 private               Commission
Original       a summons to the clerk for signature/seal. Sheriff (fees paid to the clerk) or
Pleading        A summons shall be issued to each               Private process server
               defendant to be served (with attached copy (8.01-293)
               of the complaint). (See FRCP 4(c). (CPS
                                                          COURT PROCEDURE COMPARISONS


                                  **Please note that this chart is meant as a guide only and all rules should be checked.
              Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

Procedure                       Federal Court                        Circuit Court           General District     J&D        Worker's Comp


            02/08)                                         (PAV 2/08) Service must be
                                                           made w/i one year of filing of
            CAN SERVE OUT OF STATE THRU SEC suit (Rule 3.5(e)). If no service
            OF COMMONWEALTH UPON RECEIPT                   def. may move to dismiss w/o
            OD SUMMONS AND COMPLAINT FROM                  making general appearance (Va.
            CLERK. (see Defense\federal\service of         Code 8.01-277(B))
            Suit Papers, Etc\sec of Com for out of
            State Def Ltr ) (CPS still checking on         You can also request waiver of
            this...................)                       service (Va. Code 8.01-286.1);
                                                           or serve an out-of-state
            Waiver of Service:                             defendant (Va. Code 8.01-320)
            (See FRCP 4(d) 1-2 for requirements)
            Send copy of complaint, Notice                 Watch Va. Code 8.01-288 -
            (m:\words\par\defense\federal\Req-Wai unless a divorce/annul action, if
            ver.not), Waiver (form - see Sec. for form) you get process to a party by
            to plt w/ self addressed stamped envelope whatever means, it is considered
            and mail 1st class mail. Waiver due back to sufficient service even if not
            plt from Def. in 30 days (60 days if           officially served or accepted.
            outside US) from date Request sent.
            (RULE 4 (F)) Then within 5 days of             Service on a corporation is by
            receipt of waiver, plt must file Waiver of     registered agent, officer or
            Service w/ Court. If Waiver not returned, director; service on non-resident
            plt has to serve via process server. Then party is thru Secretary of the
            can file Motion for Def to pay service costs. Commonwealth except car
             Def=s Answer to Complaint due 60 days         wrecks which is thru DMV, or in
                                                               COURT PROCEDURE COMPARISONS


                             **Please note that this chart is meant as a guide only and all rules should be checked.
             Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

Procedure                   Federal Court                               Circuit Court            General District   J&D     Worker's Comp


            from date Request sent (90 days if outside some cases, Order of
            US). (Rule 4 (G)(3)) p. 752-753 (CPS               Publication, see Va. Code.
            2/08)
                                                               Returns of service must be made
                                                               to the clerk w/i 72 hours.


            To file 3rd Party Complaint - must file within
            10 days of response to original complaint
            or seek leave of court (Rule 14(a) p. 790
            (CPS 2/08)


            (See FRCP 15 (A)
            If you need to Amend Complaint, can
            amend without leave of Court if Amendment
            is filed prior to responsive pleading.
            Otherwise, must get leave of court to
            Amend. (CPS 02/08)


            To request a jury trial, if not originally pled,
            must request within 10 days of the filing of
            the Complaint. SEE FRCP 15 (2)
            p. 793 (CPS 02/08)
            21 days.    See FRCP 12(a)(A) (p. 809)
            (If service on summons timely waived on
            request under Rule 4(d), 60 days after the
                                                              COURT PROCEDURE COMPARISONS


                             **Please note that this chart is meant as a guide only and all rules should be checked.
             Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

Procedure                    Federal Court                          Circuit Court    General District        J&D            Worker's Comp


            date on which the request for waiver was
            sent, or 90 days if the defendant is outside
            the US) (See FRCP 4(d)(3) p. 753 and
            12(a)(1)(A)ii)     (CPS 02/08)


            If Motion to Dismiss is ruled on by the Court
            against the defendant, the defendant then
            has 10 days from the court ruling to file their
            answer to the Complaint.
                                                                COURT PROCEDURE COMPARISONS


                                **Please note that this chart is meant as a guide only and all rules should be checked.
                  Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                   Federal Court                              Circuit Court               General District           J&D                 Worker's Comp



                  (See FRCP 12)                                 21 Days of service                   Return date on      Return date on        Rule 1:5 Once VWC accepts
Time to Answer
                 NOTE:                                          amended bill of complaint: 21        original pleading   pleading; must call   application, Employer has 15
Original
                 LOOK AT FRCP 6 RE TIMING for                   days to answer                                           docket clerk ahead    days from application file
Pleading
                 responding to pldgings if less than 11 or      amended MFJ: 21 days to                                  to obtain date        date to submit evidence in
                 10 days... (CPS 02/08)                         answer                                                                         opposition. VWC will send
                                                                Cross bill - answered w/in 21                                                  notification to employer to
                 Cross-claim is to be answered within 20        days per Rule 2:13                                                             advise whether claim is
                 days after being served. The plaintiff shall                                                                                  accepted or rejected.
                 serve a reply to a counterclaim in the         Motion for Bill of Particulars and                                             If VWC has accepted or
                 answer within 20 days after service of the     a Demurrer is considered a                                                     rejected a new claim or app
                 answer, or, if reply is ordered by the court, response to a suit per VA Rules                                                 for change of condition,
                 within 20 days after service of the order.     3:5. 21 days to respond.                                                       opposing party may file
                 (See FRCP 12(a)(1)(B) (p. 777) (CPS            Court may order filing of Bill of                                              Request for Review w/i 20
                 02/08                                          Particulars (Rule 3:7)                                                         days, no oral argument
                                                                                                                                               permitted; opposing party
                 Amended Complaint - time to answer -           Ground of Defense must be filed                                                then has 10 days to reply,
                 FRCP 15(a) - a party shall plead in            within 21 days after entry of                                                  no additional evidence may
                 response to an amended pleading within         order re all motions, demurrers                                                be submitted.
                 the time remaining for response to the         and other pleas filed by a                                                     If Wilful Misconduct is used
                 original pleading or within 10 days after      defendant. VA Rules 3:7                                                        as defense, must be made
                 service of the amended pleading, whichever                                                                                    known 15 days prior to
                 period may be the longer, unless the court 21 days to respond after service                                                   hearing or will not be heard.
                 otherwise orders. FRCP 15 (a)(3).              (Motion, Demurrer, Plea or
                 Motion to Dismiss is not considered a          Answer, Rule 3:8) jrb
                                                      COURT PROCEDURE COMPARISONS


                           **Please note that this chart is meant as a guide only and all rules should be checked.
             Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

Procedure                 Federal Court                           Circuit Court             General District   J&D          Worker's Comp


            responsive pleading.
            Third Party Complaint- time to answer -     Notes: after court overrules all
            within 20 days after being served (see Rule motions, demurrers, special
            12 (p. 777) and Rule 14 FRCP (p. 790)       please, etc., must respond w/
            (CPS 02/08)                                 Answer w/in 21 days. (Unless
                                                        court sets a different deadlines)
                                                        Rule 3:8. Motion for Bill of
                                                        Particulars, Demurrer, Plea and
                                                        Motion to Dismiss are considered
                                                        responsive pleadings. Rule
                                                        3:7. Must reply within 21 days
                                                        to any motin, special plea or
                                                        affirmative defense containing
                                                        new matter and expressly


                                                        requesting a reply. Rule 3:11.
                                                        (jrb, 2007)


                                                        Cross Claim & Counterclaim - 21
                                                        days to respond after service
                                                        (Rule 3:9; 3:10). Can ask for
                                                        separate trial. Rule 3:9, 3:10


                                                        Amended Complaint: Must
                                                        obtain leave of Court to file
                                                                COURT PROCEDURE COMPARISONS


                                 **Please note that this chart is meant as a guide only and all rules should be checked.
                   Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

      Procedure                 Federal Court                           Circuit Court          General District   J&D              Worker's Comp


                                                                Amended Complaint (Rule 1:8)




Removal           28 USCS ' 1445 - 1452                                                                                     N/A except for Dismissal
-updated 6/08     ' 1445: Nonremovable actions                                                                              Upon Failure to File
cps               ' 1446 : Procedure for removal                                                                            Supporting Evidence (Rule
                  ' 1447 : Procedure after removal generally                                                                1.3)
                  ' 1448 : Process after removal
                  ' 1449 : State court record supplied
                  ' 1450 : Attachment or sequestration;
                  securities
                  ' 1451 : Definitions
                  ' 1452 : Removal of claims related to
                  bankruptcy cases


                  Summary:
                  Must be filed w/in 30 days after receipt by
                                                              COURT PROCEDURE COMPARISONS


                                **Please note that this chart is meant as a guide only and all rules should be checked.
                Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                   Federal Court                          Circuit Court             General District   J&D          Worker's Comp


               Def. Of initial pldg.
               File w/ Federal Court a Notice to remove
               (w/ fed. Caption) w/ all pleadings filed in
               state court; Filing fee: $ 350.00 & prepare
               a civil cover sheet;
               Must file financial disclosure in Fed Ct. at
               the same time if the party is a Corporation.




               File w/ State court a notice of removal(w/
               state ct. caption) w/o attached pleadings.
               SAMPLE:
               Federal\REMOVAL TO FED
               COURT\FED. PLEADINGS
               ( all of the nec. Pleadings can be found
               here as well as cover ltrs)


               (CPS as of 6/2008)

  DISCOVERY

Depositions    Do not File Notice with Court (Local Rule      Must be completed 30 days                                   After a claim has been filed,
               37(I)) only send copy of return subpoena for before trial or by agreement, see                             any party may take the depo
               appearance to court once you receive from Scheduling order. Nonparties                                     of any party or doctor w/o
               process server. (No need to do notice of       should be subpoenaed to                                     permission of VWC (all
                                                         COURT PROCEDURE COMPARISONS


                            **Please note that this chart is meant as a guide only and all rules should be checked.
              Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

Procedure                  Federal Court                           Circuit Court              General District   J&D         Worker's Comp


            issuance of a subp. anymore in Eastern       appear. (Rule 4:5(a).                                         others must request
            disctrict.                                   Deposition Notice - no set time,                              permission by letter of the
                                                         but must serve Areasonable@                                   VWC); may issue witness
            Limits: 5 of nonparty, non-expert witnesses time prior to deposition . Rule                                subpoena for deposition
            per the 26(f) Pre-trial Order. Local rules   4:5(b)(1).                                                    (Rule 1.8(G)) See also Rule
            don=t address #, FRCP state 10 depos.        Limit of 5 depos. (Rule 4:6A)                                 1.8(C)
            (Rgj 02/26/03)                               If signing not waived, party has
                                                         21 days from receipt of transcript                            Deposition transcrips must
            Subpoena for appearance must be served       to read & sign errata                                         be filed and made a part of
            11 days prior to deposition                  (Rule 4:5.7e)                                                 the record.
            (See Local Rule 30(F)) updated 2004          Depo must be taken in City or
                                                         county where suit is pending or
            Can have production of records at depo.      where nonparty resides, works,
            Issuance of SDT w/ Depo Notice returnable or has principal place of
            on the same date                             business. If a nonparty witness is
            (entitled to a witness fee & mileage FRCP not a resident of the
            45 (b)1) Must give notice to opposing        Commonwealth, his depo must
            counsel of all SDT=s issued.                 be taken in the locality where he
            FRCP 30(e) - deponent has 30 days after resides or is employed, or at any
            being notified by the officer that the       locality agreed to by parties.
            transcript or recording is available in which (Rule 4:5(a1))
            to review and make changes (errata sheet)


            Western District:                            If serving SDT to bring docs,
            Determine who the Judge is and then          attach to Notice (Rule 4:5(b))
                                                               COURT PROCEDURE COMPARISONS


                               **Please note that this chart is meant as a guide only and all rules should be checked.
                Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                  Federal Court                              Circuit Court              General District         J&D         Worker's Comp


               Check the local rules for the Western           Deposition of party deponent can
               District and any Pretrial order to determine have RFP instead of SDT (Rule
               if Notice needs to be filed with court -        4:5(5)
               certain Judges require all discovery (incl.
               Depo notices to be filed and some require Subpoena can be atty issued
               that nothing be filed and Judge Moon            (like trial subpoena) and served
               requires that no discovery is to be filed       by private process server or
               except depo notices.                            sheriff; cc: to opposing counsel
                                                               and court and file return w/
               SAMPLE:                                         court.
               FEDERAL\DEPO-SDT.NOT                            Deposition subpoenas must be
                                                               issued 5 days prior to the
                                                               deposition. See 8.01-407.




                                                               Note: Nothing in rules re sending
                                                               original or copy of notice of depo
                                                               to clerk; per PAV in 1984, local
                                                               clerks put out a booklet and said
                                                               to only copy them on cover ltr.
                                                               (CPS 03/07/00)

Rule 26        Rule 26 disclosures:                            N/A                                  N/A                N/A         N/A
               -Initial Disclosures due w/o awaiting
Disclosures,   discovery request w/in 14 days after the
Planning       26(f) conf. Unless by court order, objection,
                                                                 COURT PROCEDURE COMPARISONS


                               **Please note that this chart is meant as a guide only and all rules should be checked.
                Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                  Federal Court                            Circuit Court   General District        J&D             Worker's Comp


Conferences    etc (see Rule 26(a)(1)(B) for what to
               include. See also sample FORM IN
               PAR/DEF/FED/RULE 26 FORMS........)
               NORFOLK:
               Do not file these Mandatory initial
               disclosures with the courtRICHMOND:
               YOU MUST FILE THESE WITH THE
               COURT (per clerk=s office 6/09)




               Planning for Discovery:
               Rule 26(f) Pretrial Order is mailed to us
               setting general guidelines and a specific
               date for 26(f) attys conference to be held
               among attys only(as well as for initial
               disclosure deadlines). must provide a
               written report to court after conferring in the
               26(f) with the discovery plan unless the
               Order says otherwise.( See Rule 26(f) and
                local rule 26(b))
               WARNING: WHILE THE RULE 26(F)
               ORDER ALLOWS THE
               COMMENCEMENT OF DISCOVERY &
               SETS A DATE FOR THE EARLIEST
                                                            COURT PROCEDURE COMPARISONS


                            **Please note that this chart is meant as a guide only and all rules should be checked.
             Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

Procedure                  Federal Court                          Circuit Court     General District        J&D             Worker's Comp


            DATE THAT ANY SUBSTANTIVE
            DISCOVERY RESPONSES MAY BE DUE
            ON OR DEPOSITIONS OCCUR, YOU
            MUST FILE OBJECTIONS TO ANY
            DISCOVERY YOU RECEIVE W/IN 15
            DAYS OF RECEIPT REGARDLESS OF
            WHEN THE SUBSTANTIVE RESPONSES
            ARE DUE OR YOU WILL WAIVE THE
            OBJECTIONS (LOCAL RULE 26c.              )


            Rule 26 (f) attys conference:
            parties confer outside court to discuss dates
            for discovery sched. and prior to Rule 16(b)
            conference ( see form used to pencil in
            dates....)\See also sample FORM IN
            PAR/DEF/FED/RULE 26 FORMS........)


            Rule 16(b) planning conference (at
            court): to set actual dates with clerk


            Rule 16(b) scheduling Order is issued by
            court with specific trial dates and cut-offs
            after the court conference w/ attys.


            It is a good idea to create a deadlines chart
                                                                 COURT PROCEDURE COMPARISONS


                                   **Please note that this chart is meant as a guide only and all rules should be checked.
                    Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                      Federal Court                            Circuit Court            General District             J&D                  Worker's Comp


                   from the 16(b) Order with the trial date on
                   top. (See also sample FORM IN
                   PAR/DEF/FED/RULE 26 FORMS)


                   (This Section Created in 4/08-CPS)



Discovery          Objections DUE w/i 15 days (See Local         28 days if served with MFJ; 21    28 days if served     28 days if served      Must propound more than 21
Responses          Rule 26 (B) ( C     )                         days (+3 if mail) if not          with MFJ; 21 days with complaint; 21         days before hearing w/o
                     UNLESS: FILED WITH COMPLAINT,               Note: HP&M rule - if not going    (+3 if mail) if not   days (+3 if mail) if   prior commission approval.
Discovery =        THEN 30 DAYS TO OBJECT                        to file Responses on time, you                          not                    Answers filed w/in 21 days
Interrogatories,                                                 must file all Objections by the                                                after service and must
RFPs,              Failure to file objections will result in     deadline (21 days). (Rule                                                      include objections with
Admissions         waiver of all objections.                     4:8(d) re Interrogatories),                                                    answers. (Rule 1.8 (H))
                                                                 4:9(b), 4:11(a).
                   Answers to rogs due: 30 days (FRCP 33)                                                                                       Answers to RFAs must be
                   Answers to requests due: 30 days (FRCP Note:                                                                                 done in 30 days. (Rule
                   34)                                           interrogs are propounded &                                                     1.8(I))

                   Cannot file discovery with complaint or other answ. in accord w/ section: 4:8
                   side need not respond. (see FRCP 26 (B) rfp are propounded & answ. in
                   (2) (d) ATiming and Sequence@ (p. 834)        accord w/ section: 4:9
                                                                 rfas are propounded & answ. in

                   Add 3 days to due date if mailed to you and accord w/ section: 4:11
                   not hand-delivered See Federal Rule Civ. DOC PRODUCTION:
                   Proc. 6(F)                                    Privileged docs need to be
                                                                 disclosed by way of the Vaughn
                                                             COURT PROCEDURE COMPARISONS


                               **Please note that this chart is meant as a guide only and all rules should be checked.
                Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                  Federal Court                             Circuit Court            General District   J&D         Worker's Comp


                                                             index like federal court
                                                             state court rule: 4:1(b)(6)
               ** Don't file discovery with the court.       Service: may transmit by fax only
                                                             (Rule 1:12) - add one day for
               DOC PRODUCTION:                               response. Rule 1:7
               Privileged docs need to be disclosed by way Service is complete upon mailing
               of the Vaughn index. FRCP 26 (b)(5)(A)        5(b)
                                                             Right to Medical Records:
                                                             8.01-413
               -updated 04/2008 (CPS)




Discovery      FRCP 33                                       Interrogatories: 30 including                                Rule 1.8(H), must be filed
Limits          Interrogatories: 25 including subparts - no subparts (Rule 4:8(g))                                        prior to 21 days before
               waiver. 26(f) Pretrial Order allows 30                                                                     hearing unless permission
               interr. including sub-parts. (02/26/03)                                                                    by the VWC; limit 15
                                                             No limit on number of RFP &                                  interrogs including subpart
               No limit on number of RFP & RFA               RFA propounded
               propounded
                                                             RULE 4:6A Depositions: 5 of
               *Check your pretrial 26 (f) order because     non-parties - no waiver
               you may be limited to only ask 20 RFAs,
               but its is imposed by court 26(f) ORDER;so
               not necessarily all cases are limited to 20
               RFAs
                                                                    COURT PROCEDURE COMPARISONS


                                   **Please note that this chart is meant as a guide only and all rules should be checked.
                    Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                      Federal Court                               Circuit Court               General District   J&D         Worker's Comp


                   -cps (11/2001)


                   LOCAL RULE 30(I) Depositions: 5 of
                   non-parties - no waiver




Discovery          LOCAL RULE 37 (A) & (B) Motion To                Rule 4.12: No brief required.                                  If average weekly wage is
Motions            Compel filed on objections, timeliness, etc.                                                                    disputed, Employer shall file
                   must be accompanied by a brief. After            Must provide notice of hearing at                              a wage chart (preprint form)
Motion to          brief is filed, opposing party has 11 days       least 7 days prior to hearing.
Compel, Motion     after service to file brief in opposition; and   Rule 4:15(b). Brief not required
For Extension of   then rebuttal brief within 3 days. According w/motions. Rule 4:15(c).                                           If claimant has not answered
Time               to LOCAL RULE 7(E)(2) - Motions for a            Must file and serve briefs re:                                 discovery, file MTC, and
                   more definite statement; extension of time       motions Asufficiently before the                               then the Commission will
Motion to inspect to respond to pleadings and Motion for            hearing@. Rule 4:15(c). Brief                                  enter an order re: the date
the premises       Default Judgment - need not be                   in support of a motion that is 5                               that the claimant must
                   accompanied by a brief.                          pages or less must be                                          answer by. If still do not
                                                                    files/served at least 14 days                                  answer....file motion to
                   MICH: look at 7(F)                               prior to hearing, and any brief in                             dismiss.
                   *****                                            opposition at least 7 days prior to
                   Must have a Certification in the Motion to       hearing. Rule 4:15(c). Briefs
                   Compel that the movant has made a good over 5 pages must be
                   faith effort to confer with other parties in an filed/served as per Court=s
                   effort to resolve the dispute without court      Order. Rules 4:15(c). Shall
                   action (RULE 4:12(a)(2).                         not exceed 20 pages w/out
                                                            COURT PROCEDURE COMPARISONS


                            **Please note that this chart is meant as a guide only and all rules should be checked.
             Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

Procedure                  Federal Court                               Circuit Court           General District   J&D       Worker's Comp


            See sample compel with certification at         leave of Court. (jrb, 2007)

            DMZ/favorite forms/pleadings/motion to compel
            FORM
            cps - 5/09
                                                            MOTION FOR ENTRY ON LAND
                                                            AND FOR INSPECTION rule 4:9
                                                            for sample see:
            COMPLIANCE: After the court has ruled,
                                                            par\pav\inspect.mot
            answer, production, designation, inspection,
            or examination shall be completed within 11
                                                            Rule 4.12: Usually outlined in
            days after entry of the order on the motion,
                                                            Order.
            unless otherwise ordered LOCAL RULE
            37(C).

                                                            Rule 4.12(4)(b): Extensive
            ***Don=t bind briefs for the Court - per
                                                            remedies, see rule.
            Anne Reeves - they pull them apart when
            they receive them.

                                                            Rule 1.9 Motion for Extension of
            NON-COMPLIANCE: See LOCAL RULE
                                                            Time: Extended by the court in
            37(D), file motion for supplementary relief
                                                            its discretion. May be granted
                                                            although time fixed already has
            LOCAL RULE 37(F) Motion For Extension
                                                            expired.
            of Time: Written motion filed with Court.
            Agreement between counsel has no force
            or
             effect
                                                              COURT PROCEDURE COMPARISONS


                               **Please note that this chart is meant as a guide only and all rules should be checked.
                Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                  Federal Court                              Circuit Court               General District   J&D    Worker's Comp



               motion to inspect: see rule 34 (no local
               rule) (sample in weinstein - 3/00 cps)

Experts        unless in the ORDER, must be disclosed         Pursuant to scheduling order: if
               90 days before trial, OR , if the evidence     asned in discovery, plaintiff ID
               is intended solely to contradict or rebut      90 days before trial; def ID 60
               evidence on the same subj. matter by the       days before trial; Plaintiff ID
               other party under 2(B), within 30 days after rebuttal 45 days before trial
               other party's disclosure. (SEE Rule 26
               (2)c); Local Rule 26(D) -p. 1175 (CPS          NOTE: NCC has a provision in
               02/08)                                         scheduling order (altho, it is a
                                                              statute so all state courts must
                                                              adhere to it) that if an expert is
                                                              relying on statements


               Must include in disclosure                     that will be introduced thru expert
               Written report signed by him                   at trial , in any treatise,
               1. (qualifications)All cases he has been       publication, etc., the publications
               involved in x 4 years                          it must be disclosed 30 days
               2. (qualifications)All publishing x 10 years   prior to trial. (Usually more likely
               3. Compensation                                in a med mal case, but it does
               4. Statement of all opinions & reasons for not have to be. See code
               same.                                          Section 8.01-401.1 Sample:
               5. data or other info considered by expert     Defense\med mal\Med Articles
                                                             COURT PROCEDURE COMPARISONS


                              **Please note that this chart is meant as a guide only and all rules should be checked.
               Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

  Procedure                  Federal Court                               Circuit Court            General District              J&D                     Worker's Comp


              in forming opinions                            Discl. Or
              5. Exhibits to be used                         DEFENSE\state\publications
              6. Qualifications                              disclosure
              SEE RULE 26 (2)(B) (CPS 02/08)


              Don't file disclosures with the court - per
              TMR
              (CPS 02/08)

SDT           **Check scheduling order under discovery SDT - if return date is less than Preprint form; no              Preprint form, no fee Atty issued, just like state
              cut-off - usually must be returnable no later 14 days from service, can object court costs, but                                  court.
              than the discovery cut-off for the issuing     in writing to a SDT. Rule           still pay service                             If case is a UEF case, there
              party (msp)                                    4:9(c)(2)                           fees to sheriff.                              is no service fee. See
              FRCP 45: All parties must receive copies Can now be issued by counsel                                                            workers comp\uef\forms
              of SDT=s (rule 45(b)(1) and rule 5(b)          as an officer of the Court, but     NGDC: SDT must                                subdirectory for SDT
              (DDS 03/08)                                    must copy to the court w/           be filed w/ clerk at                          sample.
              Prepared on forms;                             certificate of service. Rule        least 15 days
              (SEE Local Rule 45 on computer:                4:9(c)(2).                          before the trial                              All medicals subpoenaed
              EDUS.RU)                                       Medical SDT=s require specific      date                                          must be filed w/ the VWC
                                                             notice language and instructions.                                                 w/ copies to all counsel.
              give 14 days to respond or to quash -          If SDT seeks medical records, a
              Rule 45(c)(2)(B) (DDS 03/08)                   certification letter must be sent
                                                             (no earlier than 16 days after
              Re: healthcare providers:                      issuance) confirming no motion
              No certification letter/pleading required to   to quash or objection filed.
                                                          COURT PROCEDURE COMPARISONS


                            **Please note that this chart is meant as a guide only and all rules should be checked.
             Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

Procedure                  Federal Court                            Circuit Court               General District   J&D      Worker's Comp


            go to HCPs per Ann Reeves and review of Sheriff shall not be required to
            rule 45;                                      serve attorney-issued medical
            - CPS updated on 11/5/03                      sdt that is not at least 5 business
                                                          days prior to date production is
                                                          desired. SDT shall be
                                                          returnable w/in 20 days of
            SDTS TO GOV=T AGENCIES:                       proper service. Va. Code
            must prepare Order for Court to sign          8-01-413C. (jrb, 2007)
            directing the gov=t agency(like the VA        SAMPLE:
            hospital) to comply with the sdt and attach STATE\SDT
            the SDT to the order to have sent to          For sending SDT for out of state
            agency. Then you forward on the order with records, must use the Uniform
            the SDT to agency.                            Deposition Act 8.01-411. (CPS
            (updated cps 11/28/01)                        3/99)
            Out of state, more than 100 miles away:
             Use local subpoena form but add the          See 8.01-413 for copy charges
            foreign district of the court on the top of   allowable by medical provider.
            form. Then put the local style of the case    for issuing sdt for custodian of
            on form with local C.A. # along with local    records to bring meds to trial
            court district underneath it. (ie.: NUSDC)    in order to have docs
            For big corporations serve R.A. (give plenty authenticated, per Norf CC no
            of time)                                      need to have the info in poena
            If you know an atty in the state that you wish re quashing it....simply prepare
            to issue the subpoena they can sign the       the subpoena as if non med
            subpoena and then you take the                records and the other side can
                                                             COURT PROCEDURE COMPARISONS


                            **Please note that this chart is meant as a guide only and all rules should be checked.
             Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

Procedure                  Federal Court                              Circuit Court             General District   J&D      Worker's Comp


            responsibility to have it served thru private object or try to quash during
            process server. If you are admitted in that      court proceedings..
            state you can issue the Subpoena,                Still issue witness subpoena and
            otherwise, must send the subpoena to the         then do the SDT to that person.
            court which is w/in a hundred miles of the -1/28/04 - cps (jones v. evms)
            location for which the subpoena is to be
            issued. Use private process server (i.e.         witness sdt needs to give notice
            APS or Depo Net 1-800-866-9090; if               at least 5 days before
            using APS be specific on priority and how        appearance necessary
            many times you want them to attempt
            service because they charge for it!!!!).
            When you receive proof of service from
            private process server, file with local court.
            (Updated on 1/31/07 - (cps and tlk) (See
            the Dankoff matter for how we did it in that
            case...)
            FRCP 45(a) and 45(b)(2) (DDS 03/08)
            NOTE: cannot serve before the Rule
            26(f) pretrial order deadlines


            (You can file SDT along with depo notice;
            see blocks on form referred to above; see
            also depo section on this chart.)    No time
            limit in which the party has to respond.
            Costs incurred re SDT:      See FRCP
                                                                 COURT PROCEDURE COMPARISONS


                                 **Please note that this chart is meant as a guide only and all rules should be checked.
                    Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                    Federal Court                              Circuit Court                General District            J&D           Worker's Comp


               45(c) re: reasonableness of
               costs (DDS 03/08)
               FEDERAL\SDT-RFP.NOT
               FEDERAL\SDT-RFP.CLK
               note: need not file copies of sdt form that is
               filled out with court unless you think you will
               be doing a MTC;( need to file trial
               subpoenas with court); always copy counsel
               on SDT
               (DDS 03/08)

PRETRIAL SCHEDULING/MOTIONS

Pretrial       Set by Court through a number of steps.           Most trials set by filing of          Court sets dates.   Dates obtained
Scheduling     1.     Rule 26(f)Pretrial Order is issued by      Praecipe. Va. Beach uses                                  through Judge's
               the Court stating exact dates and times for computer dating and issues                                      secretary, if
               the following:                                    Notice of Docket Call, no                                 assigned, or docket
               - Rule 26(f) conference held between              praecipe needed.                                          clerk if unassigned.
               counsel to discuss pretrial and evidentiary Virginia beach: once trial date
               issues..usually telephonic.                       has been set, counsel for
               -     Rule 16(b) scheduling conference held plaintiffs fill out scheduling order
               at Court, typically conducted by Trial            (form); for final pre-trial counsel
               Judge=s Courtroom Clerk.                          for either side call clerk to
               Local Rule 26 allows the Court to set the         schedule pre trial conference 7
               Rule 26(f) conference date less then 21           -14 days before trial and it is by
               days before the Rule 16(b) scheduling             phone only!
                                                            COURT PROCEDURE COMPARISONS


                              **Please note that this chart is meant as a guide only and all rules should be checked.
                Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                 Federal Court                            Circuit Court            General District   J&D          Worker's Comp


               conference.                                  Norfolk trial dates set by
                                                            Scheduling Conference or
               2. Rule 16(b) scheduling conference:         Scheduling Order filed prior to
               Sets the Pretrial Scheduling Dates. Dates    date of Scheduling Conference.
               set by formula starting w/Trial Date set     SEE FORM:
               within 6 months of the Rule 16(b)            STATE\GEN.SCHED ORD
               conference, with all other dates flowing     NORF VB      (IF CASE IS 2
               backwards by preset formula.                 DAYS OR LESS)
                                                            STATE\SPEC.SCHED ORD
               3. Rule 16(b) Scheduling Order: Several NOR-VB (IF 3 DAYS OR MORE
               days after the Rule 16(b) conference,        CAN USE THIS ONE OR ONE
               Court will issue Rule 16(b) Scheduling       ABOVE PER M. JENKINS)
               Order, setting out dates discussed at        (01/04/01)
               conference as modified by the Court. All
               dates must be met unless an Order to         FOR Settlement Conference
               change is obtained from the Court.           must fill out form.
                                                            SEE FORM:
               (See FRPC 16. (B)(2)                         STATE\SETTLE.ORD(01/04/0
               Timeframe: The judge must issue the          1)
               scheduling order within the earlier of 120   All other trials set by Praecipe
               days after any defendant has been served See Scheduling Order for cut off
               with the Complaint or 90 days after any      dates (especially for Newport
               defendant has appeared.                      News!!)
               TLM 3/24/08

Motion to      See FRCP Rule 41. Dismissal of Actions: Can be filed at anytime prior to                                  See motion to compel
                                                                COURT PROCEDURE COMPARISONS


                               **Please note that this chart is meant as a guide only and all rules should be checked.
                Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                  Federal Court                           Circuit Court    General District        J&D             Worker's Comp


Dismiss        - Voluntary Dismissal (by Plaintiff): Can be trial.                                                       section. If claimant fails to
               done w/out Court Order if notice of                                                                       answer discovery by date of
               dismissal filed before opposing party serves                                                              order, then you can file a
               an answer or motion for summary judgment                                                                  motion to dismiss
               or dismissal signed by all parties.
               Dismissal is w/out prejudice unless stated
               otherwise. Done w/ Court Order at
               Plaintiff=s request that dismissal
               entered on terms that court deems proper.
               - Involuntary Dismissal (by Defendant):
               Can be done if Plaintiff fails to prosecute or
               fails to comply with rules or a court order.
               - Dismissal of Counterclaim, Crossclaim, or
               Third-Party Claim: Must be made before a
               responsive pleading is served or before
               evidence introduced at a hearing or at trial.
               See    Local Rule 7 regarding Motions
               Practice:




               Note: Motions against a Pro se Party must
               attach or include in the foot of the motion
               a warning containing the specific Roseboro
               language, found in Local Rule 7(K).
                                                                  COURT PROCEDURE COMPARISONS


                                     **Please note that this chart is meant as a guide only and all rules should be checked.
                  Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                     Federal Court                          Circuit Court        General District        J&D         Worker's Comp


                 Summary Judgment:           See Local Rule
                 56(A) for specific timing requirements.
                 Must be filed, briefed, and set for hearing
                 Aa reasonable time before trial.@ May not
                 be decided if filed tool Close to the Final
                 Pretrial Conference.Local Rule 56(B)
                 requires all summary judgment briefs to
                 have a captioned section Alisting all
                 material facts@, which must fit within the
                 page limits specified in
                 Local Rule 7(F)3.
                 TLM (4/08)

TRIAL PREPARATION

Trial Exhibits   read Local Rule 79: unless otherwise
                 ordered by the Court (ie 16 (b)), need
                 exhibits in binder, tabbed, with index of
                 exhibits in front
                 original, plus 2 delivered to court day before
                 trial (I called court room clerk & she said
                 can deliver on the day of trial) with the
                 same delivered to opposing counsel.
                 Judge copy has original exhibits in them
                 (with stickers), Witness copy has xeroxed
                 copies, the other is for the court room or law
                                                              COURT PROCEDURE COMPARISONS


                                 **Please note that this chart is meant as a guide only and all rules should be checked.
                 Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                   Federal Court                            Circuit Court          General District   J&D           Worker's Comp


                clerk to follow and they have a xeroxed set
                as well. (CPS -12/08)




Jury Instructions DUE DATES AND REQUIRED FORMATS Provide copy of jury instructions None.
& Voir dire     NORMALLY FOUND ON SCHEDULING                  to opposing counsel w/in 2 biz
                ORDER, otherwise, follow                      days of trial.
                Local Rule 51:
                Submit to the Court in duplicate, w/ copy
                to opposing counsel 5 business days before
                trial. Each instruction on separate page,
                numbered and identified. Original set must
                list citations. Instructions filed with a
                cover sheet in pleading form with cert. of
                service.
                Scheduling Orders now require that 2
                sets of Jury Instructions (1 with and
                1w/out citations) be filed in hard copy
                and    by electronic means.    TLM
                (4/08)


                See 16(b) Order for more details on jury
                                                              COURT PROCEDURE COMPARISONS


                               **Please note that this chart is meant as a guide only and all rules should be checked.
                Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                  Federal Court                             Circuit Court               General District           J&D                   Worker's Comp


               instructions re providing CD-ROM, etc.
               Only TITLE line of jury instructions need be
               capitalized. (CPS 12/08)

Witness        Must serve subpoena (pre-print form),          Atty issued                          Preprint form, no   Preprint form; no fee Can do atty issued like state
Subpoenae      check for mileage & witness fee. ($40.         send cc: to opposing counsel,        fee to issue;       to issue; service fee court
               witness fee, mileage at .55 per mile) TITLE and to clerk, and file return w// service fee
               28 U.S.C. ' 1821 subpart (b) (cps 09/09) clerk                                                          10 day rule: must
               Must be served 14 days prior to trial (See                                          NGDC: witness       have subpoena
               Local Rule 45(E) and FRCP 45) File             witness to bring documents to        subpoena must be issued prior to 10
               return of service of subpoenae with the        trial:                               filed w/ clerk at   days before the       SAMPLE:
               court. Court only wants trial subpoena                         -issue SDT w/        least 10 days       hearing or court      WORK-COM\WIT-SUB.VW
               returns. See Local Rule 45(C)). (DDS           witness subpoena                     before trial date   date.                 C
               03/08) File Proof of Service electronically.
               (MSP 5/09)                                     Must be served 5 business days
                                                              prior to hearing/trial/deposition.                                             (CPS 6/10/97)
               FOR DEPOSITION: Must serve form subp.           Va. Code 8.01-407.A. If
               thru private process server 11 days before     issued by the Clerk of Court, no                         (CPS 6/10/97)
               date of depo. See Local Rule 30 (F)            set time limit for issuing (can
               (DDS 03/08)                                    request on the Adate of the
                                                              proceeding@), but subject to
               SAMPLE:                                        being quashed if served less
                                                              than 5 calendar days prior to

               SUBPOENA.FED                                   hearing/trial/deposition. Va.
                                                              Code 8.01-407.A.

               Depositions: witnesses can be subpoenaed Subpoena is considered a
                                                        COURT PROCEDURE COMPARISONS


                           **Please note that this chart is meant as a guide only and all rules should be checked.
             Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

Procedure                 Federal Court                           Circuit Court              General District   J&D         Worker's Comp


            to any place within the district or 100 miles pleading, which must be signed
            from the place when that person resides, is by the attorney, and a copy must
            employed, or transacts business in person   be sent to the Court (along with
             as fixed by an Order of the Court.(See     applicable fees). Va. Code
            Local Rule 45(g))                           8.01-407.A. We generally
                                                        prepare the subpoena and serve
                                                        via private process server.
                                                        Service by sheriff requires
                                                        transmittal sheet signed by the
                                                        attorney. Va. Code
                                                        8.01-407.A.
                                                        Sheriff not required to serve atty
                                                        issued withness subpoena




                                                        SAMPLE:


                                                        CLERK.SUBnot issued at least
                                                        5 business days before
                                                        attendance. Va. Code
                                                        8.01-407.A.n not issued at least
                                                        5 business days before
                                                        attendance. Va. Code
                                                        8.01-407.A.
                                                               COURT PROCEDURE COMPARISONS


                                 **Please note that this chart is meant as a guide only and all rules should be checked.
                Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                  Federal Court                          Circuit Court       General District        J&D           Worker's Comp


Summaries of   FRE Rule 1006 - Rules of Evidence - the
Documents      content of voluminous writing, etc. may be
               presented in the form of a chart, summary,
               or calculation. Orig or dups to be made
               avail for examination or copying. Court may
               require production. (See page 1158 Fed
               Rules of Evidence)
               (CPS 03/08)

Deposition     Local Rule 30(G) Bench trial - in all
Designations   non-jury cases, counsel shall attach to any
               deposition a summary of the examination
               of the testimony -p. 1176 (CPS 03/08)


               Jury trial - Local Rule 30(F) - prior to the
               final pretrial conference, if available, must
               be reviewed and 1) extract short statement
               of qualifications of any expert witness to
               read to jury; 2)eliminate all unnecessary or
               irrelevant matters; 3) eliminate all
               objections and statement of counsel.
               Remaining objections need to be submitted
               to the Court for a ruling before the date of
               the trial. According to the Local Rule,
               Afailure to do so will constitute a waiver
               of objections.@
                                                            COURT PROCEDURE COMPARISONS


                               **Please note that this chart is meant as a guide only and all rules should be checked.
                Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                   Federal Court                      Circuit Court        General District        J&D             Worker's Comp


               - p. 1176 (CPS 03/08)


               Deposition Designation are due by the time
               of the Final Pretrial Conference (see
               individual scheduling Orders)


               DO NOT FILE DESIGNATIONS WITH
               COURT UNLESS SEND LETTER SAYING
               PLEASE PUT ON LEFT SIDE OF
               FILE(EVEN THO THESE ARE NOT FILED
               WITH COURT)
               MUST FILE OBJECTIONS TO
               DESIGNATIONS
               (03/08 - CPS)


               Depo Designations are only used pursuant
               to FRCP 32 (ie, impeachment, can not
               procure witness=s attendance by
               subpoena, dead, out of subp. range, party,
               age or illness, prison, etc) - p. 847 (CPS
               03/08)

Attorney=s     Must provide 26(a)(3) disclosures(list of
Conference     witnesses and exhibits) on this day to
               opposing counsel (Not Federal Court if in
               NUSDC, but other federal courts may
                                                                  COURT PROCEDURE COMPARISONS


                                  **Please note that this chart is meant as a guide only and all rules should be checked.
                   Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                     Federal Court                          Circuit Court     General District        J&D             Worker's Comp


                  require, so call court)
                  even though rules say provide to court, our
                  16(b) scheduling order doesn=t say to
                  provide to court.
                  -can provide actual exhibits if opposing
                  counsel has done so.
                  SEE SCHEDULING ORDER for your case.


                  (CPS 3/08)

Pretrial Orders   Provide copies to court as well as opposing
                  counsel
                  Within 10 days after being served with
                  entered copy of Final Pretrial, may file
                  objections to any rulings of the Magistrate.
                  If you don=t file an objection, you
                  technically waive any further objection at
                  trial if more than 10 days has transpired.
                  (FRCP 72(a)) (TM 02/08)


                  See Sample:
                  PAR/Defense/federal/pretrial and trial
                  prep/final pretrial order form
                  (dankoff completed pretrial Order is in there
                  as well) (CPS 03/08)

                                                                                                                            In Comp, decisions may be
                                                   COURT PROCEDURE COMPARISONS


                           **Please note that this chart is meant as a guide only and all rules should be checked.
               Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure              Federal Court                      Circuit Court          General District        J&D               Worker's Comp


Evidentiary                                                                                                             made either on the record,
Hearing                                                                                                                 or thru evidentiary hearing,
                                                                                                                        a Atrial@ before the Deputy
                                                                                                                        Commissioner; the VWC
                                                                                                                        provides court reporter.




Continuances
                                                                                                                        May file motion or request to
                                                                                                                        continue which may be
                                                                                                                        granted by the VWC if it
                                                                                                                        appears material harm may
                                                                                                                        result if not granted

Evidence                                                                                                                Reports and records of
                                                                                                                        medical care may be
                                                                                                                        admitted into evidence as
                                                                                                                        testimony by the physicians
                                                                                                                        -- done thru a Designation
                                                                                                                        of Medical Records
                                                                                                                        (\words\mrr\forms\vwc\
                                                                                                                        medical.des)
                                                                                                                        Depositions may be added
                                                                                                                        to the designation as
                                                                                                                        evidence.
                                                                 COURT PROCEDURE COMPARISONS


                                 **Please note that this chart is meant as a guide only and all rules should be checked.
                  Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                    Federal Court                              Circuit Court              General District   J&D     Worker's Comp



Court Reporter   Supplied by the Court                           Defendant normally arranges for
                 (CPS 03/08)                                     the Court reporter - preserve the
                                                                 record for Appeal purposes.
                                                                 Virginia Beach required Plaintiffs
                                                                 to provide reporters at trial

Bill of Costs    See local Rule 54: Court has a sheet to
                 follow for what is allowed and what is not
                 allowed. See also Par\federal\bill of costs
                 (subfile)
                 (cps 06-04)

Judgment         Offer of Judgment - you have 10 days (plus
                 3 for mailing) to accept or decline Offer of
                 Judgment. Offer must be made MORE
                 THAN 10 days prior to trial.
                 If opp. Party serves written notice accepting
                 offer, either party may offer notice of
                 acceptance plus Proof of Service.




                 Clerk must enter judgment.
                  If Judgment (during trial) is not more than
                 what was offered, the party not accepting
                 the Offer must pay the costs incurred after
                 offer made; more than one offer can be
                                                                 COURT PROCEDURE COMPARISONS


                                  **Please note that this chart is meant as a guide only and all rules should be checked.
                    Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                      Federal Court                            Circuit Court            General District   J&D         Worker's Comp


                   made. (FRCP 68) CPS 03/08

   APPEALS

Appeal                                                                                                                       Appeal is called ARequest
                                                                                                                             for Review@ to the full
                                                                                                                             commission, must be in
                                                                                                                             writing w/i 20 days of award
                                                                                                                             or decision; copies mailed to
                                                                                                                             all parties. If oral argument
                                                                                                                             is desired, must request this
                                                                                                                             at time of request for review.

Appellate Briefs   Rule 32(2) FRAP: Appellant, Blue;             Rule 5:32 Appendix - red; Brief                             Rule 3.2 Done thru AWritten
Cover Colors       Appellee, Red; Intervenor/Amicus, Green;      of appellant - white; Brief of                              Statements@ a schedule of
Length, Type       Any reply brief, Gray; Appendix, White        Appellee - blue; Reply Brief -                              which is sent to all counsel
                   Local Rule 31(d): File 8 cc w/ Ct & 2 to      green; Brief Amicus - grey;                                 by the VWC. No new
                   each counsel                                  Petition for Rehearing -yellow                              evidence may be submitted.
                   Local Rule 30(a)(3): Unless filing is         Rule 5:17(c) Petition for appeal
                   deferred, file 10 copies with court and one - 1 copy to opposing counsel, file
                   copy on counsel for each party. (11/04        4 copies w/ court.
                   cps)                                          Rule 5:17(d) Petition not to
                   Rule 32(a)(7)(A): Principal brief no longer   exceed 35 typed pages
                   than 30 pages, reply brief no longer than     Rule 5:18(b) Brief in Opposition
                   15 pages                                      - 1 copy to o/c, file 4 copies.
                   Rule 32(a)(7)(B)(i) Principal brief no more   Not to exceed 25 typed pages.
                   than 14,000 words and no more than 1,300 Rule 5:19 Reply Brief - 1 copy to
                                                                  COURT PROCEDURE COMPARISONS


                                    **Please note that this chart is meant as a guide only and all rules should be checked.
                    Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                       Federal Court                            Circuit Court              General District   J&D      Worker's Comp


                   lines of text. (ii) Reply brief no more than   o/c, file 4 w/ Court. Not to
                   half that of the principal brief.              exceed 15 pages
                                                                  Rule 5:26 & 5:27 Opening Brief
                                                                  - not to exceed 50 pages. File
                                                                  20 copies, 3 copies to o/c
                   Rule 32(a)(7)(C) Certificate of Compliance
                   must have the font used, the type point of Rule 5:28 Brief of Appellee - not
                   the font and either must include the # of      to exceed 50 pages. File 20
                   words in brief or the number of lines          copies w/ court and 3 copies to
                   (11/04 CPS see Anderson v. YMCA)               o/c
                   Local Rule 32(a): Appendix limit 250 pps, Rule 5:29 Reply Brief - not
                   use both sides of page                         exceed 15 pages, file 20 copies
                   WCD - 9/7/99                                   w/ court and 3 copies to o/c

Filing of Appeal   Rule 4(a) Except as provided in Rule           Rule 5:9(a) Notice of Appeal is
                   4(a)(1)(B), 4(a)(4) or 4(c), notice of         due 30 days after the entry of
                   appeal must be filed within 30 days after      the Judgment Order
                   the date of the entry of the judgment or the Rule 5:11(a) Transcript of
                   order appealed from; Ru;e 4(a)(1)(B): if       Proceedings due 60 days after
                   one of the parties is the U.S. or officer or   entry of Order, Rule 5:11(b)
                   agency thereof, the notice of appeal may       Notice of filing Transcript due to
                   be filed by any party within 60 days after     all counsel ad copy to Court 10
                   such entry.                                    days after transcript filed.
                   Rule 3(a): Appeal must be filed w/ clerk of (Can file a written statement in
                   district court; must have enough copies of     lieu of transcript - Rule
                   the Notice to give to clerk for all parties.   5:11(c)(1)
                                                         COURT PROCEDURE COMPARISONS


                            **Please note that this chart is meant as a guide only and all rules should be checked.
             Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

Procedure                  Federal Court                             Circuit Court              General District   J&D      Worker's Comp


            Local Rule 3(a): filing fee $105.00            Rule 5:11(d) Objections to
            Local Rule 3(b): Docketing Statement due transcript due 15 days after filing
            14 days after filing Notice of Appeal (file in of transcript
            Crt. Of Appeals) Rec. form from District       Rule 5:17(a)(1) Petition for
            Clerk=s office when file Notice of Appeal.     Appeal due 3 months from entry
            Court will send package to you.                of Order (Per TMR - count 90
            Rule 10(b) Transcript Order due w/in 10        days and count 3months,
            days of filing Notice of Appeal (this form is whichever is less is the due
            also given by Clerk when file Notice)          date)
            Local Rule 11(b): transcripts must be filed Rule 5:18(a) Brief in Opposition
            by the reporter w/in 30 days of the            due 21 days after Petition filed.
            transcript order.                              Rule 5:19 Reply Brief (in lieu of
            Rule 12(b): Must file a representation         oral arguments) due 7 days after
            statement w/in 10 days of filing Notice of     Brief in Oppos.
            Appeal (form also provided by Clerk=s          Rule 5:20 Petition for
            office)




            WCD - 9/7/99                                   Rehearing (if Petition denied)
                                                           due 14 days from Notice of
                                                           Denial.


                                                           See all the Rules above for
                                                           specific details on the content of
                                                           each of the Briefs and Certificate
                                                           requirements.
                                                               COURT PROCEDURE COMPARISONS


                                  **Please note that this chart is meant as a guide only and all rules should be checked.
                   Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                     Federal Court                            Circuit Court             General District   J&D        Worker's Comp



                                                               Also - various forms located at:
                                                               par\defense\appeal\state


                                                               WCD 7/19/99

Perfecting        Local Rule 31(b): A formal Briefing          Rule 5:32 Appellant file
Appeal (after     schedule will be sent to all counsel from the Determination of Contents of
Being Granted     Clerk advising of all the deadlines.         Appendix (if agreed by o/c) 10
in State Court)   APPENDIX:                                    days after date on Certificate. If
                  Rule 30: Appellant=s responsibility to       no agreement, Appellant file
                  prepare. Must include relevant docket        designations 15 days after
                  entries (District Court Docket Sheet),       certificate and Appellee file
                  relevant portions of pleadings, judgment,    designations 10 days after
                  order or decision, and other parts of the    Appellant files. Prepared by
                  record.                                      Appellant see rule for detailed
                  Rule 30(b): If no agreement on contents of procedures and required
                  Appendix, Appellant must file, w/in 10 days contents.
                  after record filed, with Appellee his        Rule 5:24 and Code
                  designations. Appellee then has 10 days      '8.01-676.1 Bond due 15 days
                  from that day to file his designations.      after Certificate11
                  Rule 30(b)(2): Cost of Appendix is the       Rule 5:26(b)(1) Opening Brief of
                  responsibility of the Appellant.             Appellant due 40 days after
                  Rule 30(d): Begin Appendix w/ table of       Certificate
                  contents, followed by relevant docket        Rule 5:26(b)(2) Brief of Appellee
                  entries; rest followed in chrono order. If   due 25 days after Opening Brief
                                                          COURT PROCEDURE COMPARISONS


                             **Please note that this chart is meant as a guide only and all rules should be checked.
             Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

Procedure                    Federal Court                           Circuit Court           General District   J&D         Worker's Comp


            portion of Appendix is a transcript, then the Rule 5:26(b)(3) Appellant=s
            transcript page must be in brackets           Reply Brief due 14 days after
            immediately before the appendix page #.       Appellee=s Brief.




            Local Rule 30(b): file 6 copies with the      Rule 5:35(a) Date of Oral
            Opening Brief.                                Argument - 15 day notice will be
            Local Rule 33: A mediation conference will given to all counsel
            be held if the Court feels necessary - will
            be mentioned in briefing schedule.            See specific rules above for
                                                          detailed guidelines of content &
                                                          certificate.
            WCD - 9/7/99
                                                          Forms located at:
                                                          par\defense\appeal\state


                                                          WCD 7/19/99
                                                               COURT PROCEDURE COMPARISONS


                                 **Please note that this chart is meant as a guide only and all rules should be checked.
                  Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                    Federal Court                        Circuit Court       General District        J&D             Worker's Comp



Oral Arguments
                 Rule 34(a)(1): A party can file a statement
                 as to why oral arguments
                 should or should not be held.Rule 34(b):
                 Clerk will advise all parties whether oral
                 arguments will be held and when.
                 Local Rule 34(d) : each side has 30 min.
                 to argue at oral arguments.
                 Local Rule 34(e) : w/in 10 days after
                 receiving notice of oral arguments, either
                 party can file a motion to submit briefs
                 without oral arguments.
                 WCD - 9/7/99
                                                     COURT PROCEDURE COMPARISONS


                             **Please note that this chart is meant as a guide only and all rules should be checked.
                 Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure                Federal Court                      Circuit Court          General District        J&D               Worker's Comp



Settlement                                                                                                                Matters not adjudicated by
                                                                                                                          the VWC are settled either
                                                                                                                          thru Agreed Statement of
                                                                                                                          Fact and Memo of
                                                                                                                          Agreement (prepared by
                                                                                                                          carrier), or by Settlement
                                                                                                                          Petition, Affidavit & Order
                                                                                                                          (words\mrr\forms\vwc\,
                                                                                                                          various forms)
                                                                                                                          Payment must then be made
                                                                                                                          w/i 10 days of entry of
                                                                                                                          Order.




Attorney=s Fee                                                                                                            Rule 6. May collect an
                                                                                                                          attorney=s fee from
                                                                                                                          health-care provider for a
                                                                                                                          portion of their fee, if done
                                                                                                                          by Order filed/entered by
                                                                                                                          the VWC
                                                    COURT PROCEDURE COMPARISONS


                            **Please note that this chart is meant as a guide only and all rules should be checked.
                Also note that Dom Rel matters in Circuit Court have rules/code sections which may differ from those given below

   Procedure               Federal Court                       Circuit Court            General District     J&D               Worker's Comp



General Rules                                        State Court Rules permit
                                                     electronic filing/service of
                                                     pleadings. Add 1 day for fax or
                                                     electronic service. See Rule
                                                     1:17
                                                     Add 3 days to all time limits if
                                                     served by mail (unless
                                                     hand-delivered).and 1 day
                                                     added for service via
                                                     fax/e-mail/commercial delivery
                                                     service. Rule 1:7
                                                     Uniform Pretrial Scheduling
                                                     Order sets disclosure deadlines
                                                     & cutoffs. See Rule 1:18
                                                     Fax service authorized by state
                                                     court rules. See Rules 1:12,
                                                     4:15(e) (jrb, 2007)


                                   * FOR FEDERAL FORMS SEE: PAR\DEFENSE\FEDERAL\..... (NAME OF FORM)
                                     * FOR STATE FORMS SEE:        PAR\DEFENSE\STATE\... (NAME OF FORM)

								
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