Gloucester County Circuit Court civil and criminal case information can be obtained from the Supreme Court Case Management System, which is used by most of the Circuit Courts in the Commonwealth.
The Clerk’s office offers remote access to the Land Records Management System via the internet through paid subscription only and subject to approval of the Clerk. The prepaid fee for this service is $150 per user, per quarter. To obtain a subscription, complete the Secured Remote Access User’s Agreement (SRA) (PDF), and mail it together with the fee to:
Attention: R. Fisher
Clerk of Circuit Court
7400 Justice Dr., Room 327
Gloucester, VA 23061
The following records are available through secured remote access:
Adoption is a legal proceeding that is governed by statute in which a person(s) takes the child of another or an adult into their family and makes the adopted their own child. The Virginia Code sections that govern adoptions are §§ 63.2-1200 through 1248. Preliminary steps in some types of adoptions are governed by §16.1-283.
There are only two types of adoptions allowed by Virginia law. They are agency placed adoptions and non-agency placed adoptions. In circumstances that involve agency placed adoptions, the parental rights of the parents have been terminated, custody of the child has been placed with the agency, and the agency has consented to the adoption. Parental, stepparent, adult, close relative and inter-country placements are non-agency placements where the birth parents or legal guardians consent to the adoption and parental rights are terminated by final adoption order.
Adoptions are filed in the jurisdiction in which the petitioners live or in the jurisdiction in which the adoption placed agency is located. Proceedings for parental placement adoption of a minor child and for a change of name of that child shall be instituted by petition to the Circuit Court. The petition shall provide a full disclosure of the events that led to the child coming to live in the home of the petitioners. The petitioners and their attorney shall sign each petition for adoption.
All parties to the adoption action are advised to seek independent legal advice, as the adoption process is very complex.
Appeals from General District Court and Juvenile & Domestic Relations District Court to the Circuit Court are noted in that particular court. Cases from General District Court are set by the Circuit Court for term day and Juvenile & Domestic Relations District Court sets the appeal court date on a day available for the Circuit Court. The Circuit Court usually does not receive the case right away, so to verify if the Gloucester Circuit Court has received the case you may want to check the Supreme Court Case Management website.
Cases appealed from the Circuit Court to the Court of Appeals or Supreme Court are noted in the Circuit Court within 30 days after entry of a final order by filing a written Notice of Appeal along with the appropriate filing fee and bond. The notice must indicate the date of the final order and the court to which the case is being appealed. The appeal procedures for both the Supreme Court and the Court of Appeals are set out in the Rules of the Supreme Court, Volume 2, Parts 5 and 5A. It is the responsibility of the parties to make sure that all transcripts, statements of facts, and notices are sent to the appellate court within the time frame required. It is also the responsibility of the parties to make sure that they follow proper procedure in filing appeal documents with the appellate court.
After the appeal is filed, the Circuit Court Clerk’s office is responsible for sending the case to the appropriate appellate court along with a table of contents. This does not mean that you will get a new trial. However, the appellate court will determine if a judicial error was made in the case. The appellate court will then issue a final ruling reversing or affirming the ruling from the Circuit Court. If the case is reversed, it will be remanded back to the Circuit Court for a new trial. If the case is affirmed, the appeal will be dismissed.
Please remember that the Circuit Court Clerk’s office staff is strictly prohibited by law in giving legal advice.
Appointment of church trustees is confirmed by order of the Circuit Court. A request for appointment may be initiated by request from the church or by petition (PDF) from the applicant or its attorney. The request or petition must be accompanied by an order for entry by the court.
Among other things, the petition must state who is being appointed, who is being removed, and with whom the new trustees are serving. The minutes from the church meeting authorizing the appointment of trustee must accompany the petition as well. These documents along with the filing fee are submitted to the Circuit Court where the church is located.
The order presented to the court is similar to that of the petition and must include the full name of the church and governing body, the purpose of the appointment, the names of any former trustees appointed by the court and what happened to them as well as the names, addresses and terms of office for the newly appointed trustees.
A copy of the church by-laws should also be included with the petition for any initial appointment of trustees.
See Virginia Code sections 57-8, 57-18, and 57-23 for further information.
Term Day in Gloucester is the first Monday in January, March, May, July, September, and November. If the Monday is a holiday, Term Day will be held on the next day, i.e., Tuesday. A praecipe must be filed at least 10 days prior to Term Day. The Docket Call is at 10 a.m.
PRAECIPE: Juvenile/domestic relations appeals and divorce cases do not require a praecipe and may be set anytime by telephone with Judge Shaw's Judicial Assistant, Lisa Holland at 804-693-1358. The other cases require a praecipe and are set by counsel faxing their available dates to Lisa Holland at 804-693-1755. It is preferred that the moving party obtain all participants' available dates and then fax to the court a list of dates that are mutually agreeable for all. Counsel should confer and indicate the length of the trial and whether it is a bench trial or a jury trial.
Ms. Holland will then proceed to locate a retired judge to hear the case. Dates should be faxed no later than the Friday following the docket call. If dates are not timely received, the procedure will be required to start over at the next docket call.
SCHEDULING ORDER: The moving party is responsible for preparing and circulating a scheduling order within three weeks of scheduling a trial.
Concealed handgun permits are issued through the Circuit Court in the locality where the applicant resides or, if you are active duty military, the locality where the applicant is domiciled. The applicant must be at least 21 years of age and provide proof that he or she is competent to carry a concealed weapon pursuant to Virginia Code Section 18.2-308(G). Permits are good for five years and should be renewed at least 45 days prior to expiration.
If your permit is denied, the specific reasons for the denial will be stated in the court’s order, and the Clerk shall provide the applicant with notice in writing of his or her right to a hearing before the court.
If your firearms have been revoked, you may petition to have them reinstated. Review the Local Rules Governing Petitions to Restore Firearm Rights (PDF).
An Expungement is an action to delete all police and court records pertaining to a criminal case when any of the following has occurred:
Expungements are not available for those persons whose criminal case resulted in deferred dismissal following a finding of evidence sufficient to convict the defendant. Dismissals pursuant to Virginia Code Section 19.2-151 are eligible for expungement. When a record is expunged, it is not destroyed but removed from public access and sealed.
You will be notified that this has been received and the date and time of your hearing before the judge, if applicable. If no hearing is required, please submit your Order of Expungement to the court. You and the Commonwealth's Attorney will need to endorse the order prior to presenting it to the judge for entry.
Upon entry, you will be given a certified copy. The Clerk's office will send a copy to the Virginia State Police. They will notify all agencies to expunge your record. Please note that this process may take a few months.
A garnishment is a post-judgment collection process whereby a judgment creditor may levy against a portion of a judgment debtor’s wages or bank accounts. Pursuant to Virginia Code Section 34-29, the amount subject to garnishment may not exceed the lesser of (i) 25% of the worker’s disposable weekly earnings or (ii) the amount by which his disposable earning exceeds 40 times the federal minimum hourly wage. See Virginia Code Sections 8.01-466, 8.01-511, 16.1-116 and 16.1-69.55(4) for authority to issue executions and summons in garnishment.
A garnishment can only be issued in this court if the judgment comes from a case decided in the Gloucester County Circuit Court or is a foreign judgment docketed in this court.
Residents of Gloucester County may be called to serve as a juror in criminal and civil cases. If you are selected to serve, you will be required to be available during a two-month term. Once a year, individuals are chosen from Department of Motor Vehicle (DMV) records and Voter Registration to be prospective jurors for the following year. Those individuals are sent questionnaires to complete and return to the Circuit Court Clerk's office. The questionnaires are then reviewed by Jury Commissioners to determine who is eligible to serve.
This list of eligible individuals makes up the master jury list. You may receive a notice anytime during the calendar year if you are selected as a prospective juror to serve in this court for a term of two months. This notice does not mean your service is required. You will receive a written Jury Summons for a specific date or dates for which you are to appear. Please follow the instructions in the Jury Summons carefully. You are to call the Jury Hotline at 804-693-0076 after 5 p.m. the evening prior to the date for which your service is required.
Once you have reported to serve or actually served on a panel for which you receive compensation during your two-month service, you are ineligible under state law to serve again for a period of three years unless all the persons whose names are in the jury box have been drawn to serve. However, such persons shall be permitted to serve on any special jury ordered pursuant to Virginia Code Section 8.01-362 and on any grand jury. This applies only to state Circuit Courts.
Jurors are requested to report to the Office of the Circuit Court on the date and time indicated on the summons. On-site parking is available. The appropriate dress for court is business casual. No cell phones, pagers or electronic devices are allowed in court. During the course of a trial, recesses are taken at periodic intervals.
If you become ill or some emergency arises while court is in session, please make one of the bailiffs aware of your needs. Luncheon recesses seldom last more than one hour.
Jurors will be compensated for their service at the rate of $30 per day. Compensation will be forwarded at the expiration of the court term to which you were summoned. You must provide the Clerk of court with a correct mailing address. Also, the County’s central account department requires your social security number to issue payment.
In addition to the legal duty to serve, it is the civic and patriotic duty of citizens to assist in the disposal of the work loan of the court to resolve the issues in civil cases and criminal cases. It is rare that any person is excused from service for the entire term. However, the court endeavors to accommodate jurors to the extent possible by making certain adjustments based on extreme hardship, disabling mental or physical impairment (written explanation from physician is required), or certain engagements scheduled prior to your selection as a juror (i.e., doctor’s appointment, vacation periods or out-of-town business meetings for which monies have been deposited). Written verification along with a Juror Request (PDF) must be submitted to the Clerk of this court and must show that the arrangements were made prior to your receiving this notice. Failure to report when so notified may be construed as contempt of court and will be dealt with accordingly.
Any questions concerning jury duty should be directed to Michele Beck, Deputy Clerk at 804-693-2502.