Part Eight: Juvenile and Domestic Relations District Courts · Last amended 2021 · Last verified July 16, 2026
In one sentenceRule 8:14 requires good cause for a continuance, and sets different procedures depending on whether every party agrees and how close to the hearing the request comes.
(a)Continuance Granted for Good Cause. Continuances should not be granted except by, and at the discretion of, a judge for good cause shown, or unless otherwise provided by law. The judge may, by order, delegate to the clerk the power to grant continuances consented to by all parties under such circumstances as are set forth in the order. Such an order of delegation should be reasonably disseminated and posted so as to inform the bar and the general public.
(b)All Parties Agree to Continuance. If all parties to a proceeding agree to seek a continuance, the request may be made orally by one party as long as that party certifies to the judge that all other parties know of the request and concur. Such a request should be made as far in advance of the scheduled hearing or trial as is practicable. If granted, the moving party is responsible for assuring that notice of the continuance is given to all subpoenaed witnesses and that they are provided with the new court date. This obligation may be met by (i) an agreement between the parties that each side will notify its own witnesses; or (ii) any other arrangement that is reasonably calculated to get prompt notice to all witnesses.
(c)All Parties Do Not Agree to Continuance. If a request for continuance is not agreed to by all parties to a proceeding, such request should be made to the court prior to the time originally scheduled for the hearing or trial. If the court determines that a hearing on the request should be conducted prior to the time originally scheduled for the trial, all parties must be given notice of such hearing by the requesting party.
(d)Continuances Requested at the Time of Hearing. Where a request for a continuance has not been made prior to the hearing or trial and other parties or witnesses are present and prepared for trial, a continuance should be granted only upon a showing that to proceed with the trial would not be in the best interest of justice.
(e)Parties. For purposes of this Rule, the term "parties" means all plaintiffs, petitioners, the prosecution, defendants, respondents and any person who is the subject of the proceeding.
End
Plain-English Summary
Continuances should not be granted except by a judge, at the judge’s discretion, for good cause shown or as the law otherwise provides. A judge may delegate to the clerk the power to grant continuances that all parties consent to, under circumstances set out in an order — and that order should be reasonably disseminated and posted so the bar and the public know about it.
Where all parties agree, one party may make the request orally, certifying to the judge that the others know of it and concur, and should do so as far in advance as practicable. If it is granted, the moving party is responsible for making sure every subpoenaed witness is told of the continuance and given the new date — either by an agreement that each side notifies its own witnesses, or by any other arrangement reasonably calculated to get prompt notice to all of them.
Where the parties do not all agree, the request should be made before the time originally scheduled, and if the court decides to hold a hearing on it beforehand, the requesting party must notify everyone. And where no request was made before the hearing and other parties or witnesses are present and ready, a continuance should be granted only on a showing that proceeding would not be in the best interest of justice.
"Parties" is defined broadly for this rule: all plaintiffs, petitioners, the prosecution, defendants, respondents, and any person who is the subject of the proceeding.
Frequently Asked Questions
What is required for a continuance?
Good cause shown, granted by and at the discretion of a judge, unless the law otherwise provides.
Can a clerk grant a continuance?
Only where the judge has delegated that power by order, for continuances consented to by all parties and in the circumstances the order sets out. The order should be reasonably disseminated and posted.
Who notifies witnesses when an agreed continuance is granted?
The moving party, who is responsible for assuring that subpoenaed witnesses are notified and given the new court date — by an agreement that each side notifies its own witnesses, or any other arrangement reasonably calculated to give prompt notice.
What standard applies to a continuance requested on the day of the hearing?
Where the request was not made beforehand and other parties or witnesses are present and prepared for trial, a continuance should be granted only upon a showing that proceeding would not be in the best interest of justice.
Who counts as a "party" under this rule?
All plaintiffs, petitioners, the prosecution, defendants, respondents and any person who is the subject of the proceeding.
Amendment History
Last amended by Order dated November 23, 2020; effective March 1, 2021.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
Also known as:virginia rule 8:14 continuances juvenile courtagreed continuance juvenile domestic relations virginiaday of trial continuance best interest of justice virginiaclerk delegated continuance power virginia juvenile court