Circuit Court "Local Rule" Invalid

Ben Glass

Attorney
(866) 735-1102 Ext 320

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Cheers for the Supreme Court of Virginia, ruling that Circuit Court for the City of Norfolk did not have the authority to enact a "local rule" for its courts that conflicted with Virginia law.

In an effort to "move cases along," many circuit courts in Virginia had enacted 'local rules' (sometimes they call them 'guidelines' but its no different) that force dismissal of cases that aren't pursued according to the Circuit Court's timetable (a timetable that often conflicts with Virginia law.)

In Collins v. Shepherd, the Supreme Court ruled that a Norfolk local rule which allowed a court to dismiss a case in one year, instead of three, was invalid.

It is important that Circuit Courts follow the law and that the law be applied consistently across Virginia.