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Clerk of the Circuit Court - Civil Cases

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1. What do I need to open a new case?

Cover sheet, the original initiating document (Petition/Complaint) in proper legal format (Rule 3:2 § 8.01) and the filing fee. If you would like service prepared, provide a copy of the document to be served, a cover letter requesting the type of service and the service fee. Get more information on services.

Unlike the two District Courts, the Circuit Court does not typically provide “forms” for use by litigants in filing civil suits. Attorneys or pro se parties are to prepare the legal documents needed to file a suit. When filing a civil case in the Circuit Court, the filing party is responsible for ensuring that all pleadings are prepared in accordance with the Code of Virginia and Rules of the Supreme Court of Virginia. Hence, it is strongly recommended that the services of an attorney be employed when filing a civil action at the Circuit Court level.

2. How do I reopen my existing case?

• The following documents are required to reinstate your case:
  • $31 filing fee
  • Motion to Reinstate
  • Order to Reinstate
• If your case was closed out based on the 2-year rule, you can reinstate your case within 1 year of it being closed. If it is after 1 year, you must open a new case. Virginia Code § 8.01-335

3. Where can I find a list of your local rules?

Effective April 17, 2023, the 20th Judicial Circuit: Loudoun County Local Rules and Procedures (PDF) will rescind and replace June 6, 2022, Loudoun County Circuit Court Resumption of Operations Plan and Order.

4. When is your Motions Day?

View information on Civil Motion’s Day.

5. How do I schedule a hearing?

View information on how to schedule a hearing.

6. Can I fax or email a pleading, motion, etc.?

At this time, we do not accept pleadings by email or fax. You must submit the original document in person or by mail.

7. How can I find the status of the case?

View information and instructions on how to look up the status of your case (PDF).

8. How do I notify the court of an address change?

Complete the Change of Address Notice (PDF) and submit in person or by mail. Put your case number on the document. If you do not know it, you can look up your case online.

9. How do I get a bond released?

An order signed by a judge must be entered before the bond can be released. The order should state the amount of the bond and name, address and telephone number to whom the bond should be released.

10. Which court processes child support, custody and visitation?

In civil cases of a domestic relations nature, the Circuit Court has exclusive jurisdiction in divorce and annulment matters including property settlement/equitable distribution of marital assets. Matters involving child support, custody and visitation that are not part of a divorce proceeding may or may not originate in the Circuit Court depending on various factors.

• If there is an open or active divorce case, these matters most likely will be heard in Circuit Court.
• If it is a closed case, the matters remain in Circuit Court unless an order remands it to the Juvenile and Domestic Relations Court.

11. Where do I file for Bankruptcy?

Bankruptcy, including the appointment of a receiver, would occur in the Federal Bankruptcy Court in Alexandria.

12. What if I need an interpreter?

View procedure for requesting a court appointed interpreter for a civil hearing.

13. What if I need a transcript of what happened in court?

Neither the Circuit Court nor the Clerk’s Office is able to provide a transcript of a hearing. If a transcript is needed, one or both of the parties would need to hire a court reporter. Get more information on how to get an audio recording of the hearing.

14. How do I appeal my case?

Get information on appealing your case.

15. How do I withdraw my appeal from GDC or JDR?

Reference Virginia Code § 16.1-106.1

16. How do I serve someone by publication?

• Information regarding service by publication
• The Affidavit and Order of Publication (PDF)

17. How do I file for divorce?

View information on filing for an uncontested divorce.

18. How do I petition the court for amendment of a death certificate?

The filing fee is $86. You will need to file a Petition and Order to Amend a Death Certificate (PDF). Please refer to Virginia Code § 32.1-269.1 (D).

19. How do I petition the court for a change of sex?

If the petitioner was born in Virginia, the request will be made to the State Registrar. If the birth certificate is from another state, you will need to petition in the jurisdiction where you or your child resides. A petition and order will need to be filed, along with the filing fee. See VA Code §32.1-261, §32.1-269 .

20. How do I request the Clerk to prepare a Subpoena Deuces Tecum?

Submit an original Request for Subpoena Deuces Tecum (PDF) + 1 copy per party. The fees are below.

• Service via private process - $5 per party
• Service via Sheriff (Virginia address only) - $17 per party

21. How do I request the Clerk to prepare a Witness Subpoena?

Submit an original Request for Witness Subpoena (PDF). The fees are below.

• Service via private process – No fee
• Service via Sheriff (Virginia address only) - $12 per party

22. How do I petition the court for amendment of a birth certificate?

Requests will be filed with the VA Department of Health. If the request is denied, a petition will be filed in Circuit Court. The filing fee is $86.00 and $12.00 service fee.