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Rule 8:22.Judicial Consent.

Part Eight: Juvenile and Domestic Relations District Courts · Last amended 2021 · Last verified July 16, 2026

In one sentenceRule 8:22 allows an emergency request for judicial consent and the court’s consent to be given orally, provided a written request is filed within five days and the consent is reduced to a written order.

Full Text of Rule 8:22

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In any instance where the court is called upon in an emergency situation to give judicial consent as provided for by statute, the request and court consent may be oral, but a written request must be filed in the clerk's office within five days of such consent, and the consent of the court must also be reduced to a written order as soon as reasonably possible.
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Plain-English Summary

Where a statute provides for judicial consent and the court is called on in an emergency, the rule lets the process begin with a phone call rather than a filing. Both the request and the court’s consent may be oral.

Two things must follow. A written request must be filed in the clerk’s office within five days of the consent, and the court’s consent must also be reduced to a written order as soon as reasonably possible.

The pairing is the point: the emergency is handled at once, and the record catches up on a deadline that does not depend on anyone’s convenience.

Frequently Asked Questions

Can judicial consent be given orally?

Yes, where the court is called upon in an emergency situation to give judicial consent as provided for by statute. Both the request and the consent may be oral.

What has to be filed afterwards?

A written request, filed in the clerk’s office within five days of the consent.

Does the consent itself have to be written down?

Yes. The consent of the court must also be reduced to a written order as soon as reasonably possible.

How long is there to file the written request?

Five days from the consent.

When does this rule apply?

In any instance where the court is called upon in an emergency situation to give judicial consent as provided for by statute — for example a petition for consent to emergency medical treatment under Rule 8:3(b).

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
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