CIRCUIT COURT
CLERK RESOURCES

Access to Online Records

Civil & Criminal Case Information

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.

  • Access case information, then select “Gloucester County Circuit Court

    • Click “Begin”

    • Select division “Civil or Criminal”

    • Searches can be conducted by name, case number, or hearing date.

  • If you search by name and there is more that one case number assigned, then you will need to select the appropriate case number. The “Case Details” page is then displayed. It provides the parties’ names, hearings, and disposition of the case.

  • Case number searches provide the same information. However, you use that number to access it. When searching civil matters, remember to use uppercase “CL” before the ten-digit number (example: CL09000000-00). Likewise, when searching criminal matters, remember to use uppercase “CR” before the ten-digit number (example: CR09000000-00).

  • To search by hearing date, select the calendar to the right of the hearing date shown. Then select the case number you want from the list. Then select the number and the case information will be displayed.

Secured Remote Access

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:

  • Deeds and land records from September 1, 1994 to present

  • Financing Statements from September 1, 1994 to present

  • General miscellaneous records from August 5, 1993 to present

  • Judgments from October 18, 1993 to present

Adoptions

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.

Adoption Types

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.

Adoption Process

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.

Legal Advice

All parties to the adoption action are advised to seek independent legal advice, as the adoption process is very complex.

Appeal Procedures

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.

Notice of Appeal

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.

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.

Legal Advice

Please remember that the Circuit Court Clerk’s office staff is strictly prohibited by law in giving legal advice.

Appointment of Church Trustees

Filing Petition

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.

Order

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.

Additional Information

See Virginia Code sections 57-8, 57-18, and 57-23 for further information.

Civil Docket

Term Day / Docket Call Procedure

Gloucester Circuit Court
Jeffrey W. Shaw, Presiding Judge

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.

Local Rule Governing Setting Civil Cases for Trial Order (PDF), dated September 1, 2015 and Local Rule Governing Continuances Order (PDF), dated December 1, 2014.

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 Permit

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.

Process to Obtain a Concealed Handgun Permit

  1. Obtain a Sp-248 Application for Concealed Handgun Permit through the State Police website.

  2. Submit your application, a copy of your valid photo identification, and approved certificate of training for handgun safety to the Clerk of the Circuit Court along with a nonrefundable fee of $50.

  3. The completed application is then sent to the Gloucester County Sheriff’s Office for the required criminal history background check.

  4. If the Circuit Court judge approves your application, he will enter an order instructing the Clerk to issue the permit.

  5. The permit will be mailed to you at the address you provided on your application. When you receive the permit, remember to sign the card where indicated and carry it along with your valid photo identification. We suggest that you laminate the permit.

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).

Expungements

An Expungement is an action to delete all police and court records pertaining to a criminal case when any of the following has occurred:

  • Absolute pardon

  • Acquittal

  • Dismissal

  • Identification used without consent (§19.2-392.2(B))

  • An individual's name is used in error or wrong person arrested (§19.2-392.2(H)

  • Nolle prosequi

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.

Procedure to Expunge Record

  • A petition (PDF) accompanied by warrant or indictment must be filed along with fees in the Circuit Court Clerk's office. Petition should contain file number, date of arrest, name of arresting agency, specific charge to be expunged, date of final disposition, petitioner's date of birth, and full name used by the petitioner when charge was made. If the information is not available, then petitioner must state why this information is unavailable.

  • Copy of petition is served on the Commonwealth's Attorney.

  • Petitioner must also provide a copy of the petition to the Virginia State Police to obtain a finger print card to be submitted to CCRE.

  • The Virginia State Police will forward to the Clerk's office, under seal, the criminal background history and the set of fingerprints.

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.

Garnishments

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.

Procedure

  1. Clerk receives original of completed Suggestion for Summons (Form CC-1485) (PDF) in garnishment, filing fee and Sheriff’s fees.

  2. Clerk prepares Garnishment Summons and dockets the case for garnishment hearing.

  3. Clerk issues Garnishment Summons and records issuance of service.

  4. Hearing is held and order is prepared dismissing, modifying or affirming garnishment. Clerk sends a copy of order to garnishee if garnishment dismissed or modified.

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.

Jury Duty

Eligibility

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.

Ineligibility

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.

Jury Duty Process

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.

Compensation

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.

Attendance

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.

Questions

Any questions concerning jury duty should be directed to Michele Beck, Deputy Clerk at 804-693-2502.

Land Records

Land records are public documents that include:

  • Deeds

  • Deeds of Trust

  • Financing Statements

  • Liens

  • Releases

  • Wills

The persons or entities that require land records or title searches must do the research themselves or hire a licensed attorney or title company to conduct the search. Deputy Clerks are available to assist you in the records room but cannot do the search for you.

Note: Documents will be rejected if they are not in proper form when presented for recordation.

Recording Fees

If the fee presented with the recording is short, the recording will be rejected until additional funds are provided. If the recording fee is in excess of monies up to $25, it can be recorded. However, the additional funds will be deposited into the Clerk's office account and not refunded. Recording fees and deed calculation are available on the website of the Supreme Court of Virginia.

Marriage Licenses

Marriage licenses are issued through the Circuit Court Clerk’s office in any county or city in the Commonwealth of Virginia. The ceremony may be performed anywhere in the state. The minimum age requirement is 18 years for both spouses, unless a minor has been emancipated by court order. Upon application for a marriage license, an emancipated minor shall provide a certified copy of the order of emancipation. The marriage license fee is $30 and acceptable forms of payment are cash, check, Visa or Mastercard. A 4% convenience fee is added to all credit card payments. The marriage must be performed within 60 days after issuance of the license.

Procedures for Obtaining a Marriage License

No appointment is necessary. However, licenses are issued between 8 a.m. and 4 p.m., Monday though Friday.

  • Both spouses must be present and provide a valid photo identification.

  • Spouses must each fully complete the marriage application (PDF) and make oath that the information contained in the marriage record is true under the penalty of perjury.

  • The marriage license fee is paid and the spouses are provided packets of information for both the marriage officiant and themselves.

Prohibited Marriages

  • A marriage between an ancestor and or descendant; or between a brother and a sister; or between an uncle and a niece; or between an aunt and a nephew; whether the relationship is by half or the whole blood or adoption.

  • When either of the parties lacks capacity to consent to the marriage because of mental incapacity or infirmity.

  • "Common Law" marriages are not valid if entered into in Virginia or any other jurisdiction, which does not permit them for its residents.

Marriage Ceremony

A minister or marriage officiant must be authorized by a Circuit Court to celebrate the rites of matrimony. 

Any person authorized under §20-25 to celebrate the rites of marriage shall be permitted to charge the parties a fee for each ceremony. Such person and parties may negotiate payment for any additional services agreed to by the celebrant and the parties. Travel expenses to and from the marriage site may be charged. 

The court in each county and city has appointed marriage celebrants who are eligible to perform civil marriage ceremonies. The minister or officiant performing the ceremony must complete and sign copies A and B of the Marriage Register and return both to the Circuit Court Clerk’s office who issued the license within five days after the ceremony is performed. The Circuit Court Clerk’s office will forward the marriage record to the State Division of Vital Records.

Marriage officiants who have been authorized by the Circuit Court of Gloucester County, Virginia to perform a “civil” ceremony: 

Certified Copies

Certified copies of the marriage license may be obtained from the Circuit Court Clerk’s office who issued the license. One certified copy is provided to each newly wedded couple at no charge. Each additional copy is $2.50.

Name Change

Pursuant to §8.01-217 of the Code of Virginia, any person desiring to change his own name or that of his child or ward, may apply to the Circuit Court of the county or city in which the person whose name is to be changed resides. Each applicant must state under oath that the name change is not sought for any fraudulent purposes and will not infringe upon the rights of others.

In case of a minor who has no living parent or guardian, the application may be made by his next of kin. In case of a minor who has both parents living, the parent who does not join in the application shall be served with reasonable notice of the application pursuant to §8.01-296 and, should such parent object to the change of name, a hearing shall be held to determine whether the change of name is in the best interest of the minor.

Adult Name Change Instructions

Submit all of the following together to the Clerk of the Circuit Court:

  • $37 filing fee

  • Completed application for Change of Name - Adult Form CC-1411 (PDF)

  • Driver’s license or Department of Motor Vehicles (DMV) identification card (the Clerk’s office will make necessary copy)

  • Divorce decree (certified by the court which entered the decree) if reason for name change request is due to divorce

  • Marriage license or any order (certified by the court which entered the order) that granted any previous name change during your lifetime (this court requires a complete history of your name(s))

  • Applicant’s daytime phone number

Minor Name Change Instructions

Submit all of the following together to the Clerk of the Circuit Court:

  • $37 filing fee

  • Completed application for Change of Name - Minor Form CC-1427 (PDF)

  • Birth certificate of minor (the Clerk’s office will make necessary copy)

  • Driver’s license or DMV identification card of the Petitioner (the Clerk’s office will make necessary copy)

  • Consent to name change by noncustodial parent, if applicable

Note: The applicant must sign the application in the presence of a notary or while in the Circuit Court in the presence of a Deputy Clerk. There is no extra fee if choosing to have the Name Change Order spread under the current deed book if the name change is not related to a recent divorce. The $37 filing fee will cover the recording fee in this case.

Notary Public

A notary public is a commissioned public officer who is legally authorized to administer oaths, to attest and certify the authenticity of signatures and certain classes of documents, and to take acknowledgments. The main function for a notary public is to be sure that the person appearing before her or him is who he or she claims to be.

Qualification for Appointment

  • Applicant must be at least 18 years old.

  • Applicant must be able to read and write English.

  • No applicant who has ever been convicted of a felony will be commissioned unless he or she has been pardoned or has had his or her rights restored.

  • Applicants must be residents of the State of Virginia unless he or she is employed in the state and performs notary acts in connection with his or her job.

Procedures for Becoming a Notary Public

  • Complete the notary application. The applicant must have his or her signature authenticated by a Virginia notary or another officer authorized to administer oaths.

  • Mail the application together with notary fee of $45 to the:
    Secretary of the Commonwealth
    P.O. Box 1795
    Richmond, VA 23218-1795

  • If the commission is approved, the Secretary of the Commonwealth will mail the commission to the Clerk of the Circuit Court where the applicant has elected to take his or her office, and notify the applicant by letter of his or her commission.

  • Upon approval of commission, the applicant must claim his or her commission within 60 days. A notary who has not received notification within four weeks of mailing same to the Commonwealth of Virginia should call the Clerk of the Circuit Court at 804-693-2502 to verify if the commission has been received.

  • To claim the notary commission, the applicant must appear and qualify before the Clerk of the Circuit Court and pay the clerk's fee of $10. The term of the commission is 4 years.

  • The notary public must be familiar with and understand everything contained in The Handbook for Virginia Notaries.

Records Research

The Gloucester County Circuit Court Clerk’s office has a long history of providing its citizens with full access to public records maintained by the court. The public records room of the Clerk of Circuit Court has held the history of certain records since 1859. Records maintained by the Clerk’s office include:

  • Civil actions

  • Criminal cases

  • Fictitious name certificates (prior to 2020)

  • Land records

  • Marriage licenses

  • Name change cases

  • Wills and probate

Old census records were also kept at the Clerk’s office and date back to 1880. Current census records are held by the County Administrator’s office.

Office Hours / Fees

The Circuit Court Clerk’s office is responsible for recording documents in the aforesaid categories and maintaining them in accordance with applicable law. The public records room is open from 8 a.m. to 4:15 p.m., Monday through Friday except holidays. Copies of records are available for $0.50 per copy. A Deputy Clerk may certify copies for $2 per document.

Library of Virginia

Certain records are maintained by the Library of Virginia. For specific information regarding records available at the Library of Virginia, you may contact them at 804-692-3500. Please note that the Circuit Court Clerk’s office is prohibited by law from performing certain searches, but the Deputy Clerk will assist our citizens whenever possible.

Restore Driver's Permit

There are two types of petitions for having driving privileges restored: habitual offender and third or subsequent Driving Under the Influence (DUI). To have your driving privileges restored, you must file in the Circuit Court Clerk’s office a Petition for Restoration along with a copy of your current Department of Motor Vehicle (DMV) record and the filing fee. Also, you must state the basis of your petition, such as restoration under Virginia Code Section 46.2-391(C)(1) or restricted license under Virginia Code Section 46.2-391(C)(2).

If the petitioner has had any DUI, he or she will be referred to Tri-River as soon as possible for evaluation and a court date will be scheduled approximately 90 days out. Petitioners with no history of DUI will have their court date set for approximately 60 days out. The petition must be served on both the Commonwealth Attorney and the Commissioner of the Department of Motor Vehicles. Pursuant to the Rules of the Supreme Court, the respondents must be given 30 days from the date of service to file responsive pleadings.

Restrictive Driver's Permit

A petitioner that applies for a restrictive driver’s permit must present, along with the petition, a letter from his or her employer documenting the terms and hours of employment. Please note that this court will allow 12 hours per day, 6 days per week of restricted driving privileges to and from work, court-related appointments, and medical appointments. Please see the civil fee schedule on the Supreme Court website to obtain the appropriate filing fee.

Important Note

Refer to Virginia Code §46.2-358 through Virginia Code § 46.2-361 to determine the proper jurisdiction where you are to file the petition.

Service of Process & Issuance of Subpoenas

Service of Process

Service of Process is the formal delivery of a writ, summons, or other legal process to another party as required by law. It is generally issued at the initial filing of a civil action unless the filing party requests no service. The opposing party or parties receive notice of the civil action by service of process, acceptance of service, order of publication, or certified mail (if it is an appeal from General District Court). Some cases require that service be made through the Secretary of the Commonwealth, State Corporation Commission or the Department of Motor Vehicles.

Service of process, with the exception of attorney-issued subpoenas, is prepared by the Clerk's office, and delivered to or mailed to the appropriate Sheriff of the locality where the party or parties to be served reside or to a private process service if requested.

Issuance of Subpoenas

If attendance is desired in a civil proceeding pending in a court or at a deposition in connection with such proceeding, a subpoena may be issued by an attorney who is an active member of the Virginia State Bar at the time of the issuance. An attorney may also issue a subpoena dues tecum. Any attorney-issued summons or subpoena is required to be on a form approved by the Supreme Court of Virginia, signed by the attorney, and include the attorney's address.

Summons to Answer Interrogatories

A Summons to Answer Interrogatories is a post-judgment series of written questions drawn up for the purpose of ascertaining the personal estate of a judgment debtor and to ascertain any real estate, in or out of this Commonwealth, to which the debtor named in a judgment and fieri facias is entitled. Upon the application of the execution creditor, the Clerk of the Circuit Court from which such fieri facias is issued shall issue a summons against the execution debtor. The execution creditor must furnished to the court a certificate stating that he or she has not proceeded against the execution debtor in the last six months preceding the date of such certificate.

The summons shall require the debtor to appear before the court from which the fieri facias issued in which such court is located to answer such interrogatories as may be propounded to him by the execution creditor or his attorney, or the court, as the case may be. The debtor or other person served with such summons shall appear at the time and place mentioned and make answer to such interrogatories.