Virginia Civil Practice Forms

Virginia Civil Practice Forms
Publication Date: September 2015
Electronic Forms: 450+
Available Formats: Download, USB Flash Drive or CD-ROM with embedded Microsoft Word forms. A two-volume print compilation of all forms is included.
Product #: 801

Information

More than 450 forms covering:
  • Adoptions
  • Appeals
  • Limited Liability Companies and Other Business Entities
  • Civil Discovery
  • Contracts
  • Elder Law
  • Estate and Trust Planning and Administration
  • Family Law
  • Real Estate

Start the process of building the right motion, proposed order, discovery demand, agreement, correspondence. With over 450 downloadable, editable Microsoft Word forms drawn from Virginia CLE® publications, seminar materials, and court sites at your fingertips, you will have the tools to address legal matters ranging from commonplace to unique across a wide range of civil practice areas. Click the Table of Contents tab for a list of the hundreds of forms included in this publication.

The forms are keyword searchable and you can also view the full text of a form by clicking on its title, or browse the accompanying print reference book. To tailor a form to your specific matter, simply click on the embedded Microsoft Word file.

The forms have been drawn from the following Virginia CLE® publications: Adoption Procedures and Forms: A Guide for Virginia Lawyers, Choosing a Virginia Business Entity, Civil Discovery in Virginia, Contract Law in Virginia, Elder Law in Virginia, Estate and Trust Administration in Virginia, Estate Planning in Virginia, Limited Liability Companies in Virginia, Negotiating and Defending Marital Agreements in Virginia, and Real Estate Transactions in Virginia.


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You may also be interested in:


Virginia Criminal Practice Forms

Virginia Family Law: A Systematic Approach

Adoption Procedures and Forms

Civil Discovery in Virginia

Contract Law in Virginia

Limited Liability Companies in Virginia

Elder Law in Virginia

Estate Planning in Virginia

Estate and Trust Administration in Virginia

Limited Liability Companies in Virginia

Negotiating and Defending Marital Agreements

Real Estate Transactions in Virginia

 

Table of Contents


CHAPTER LIST

1. Adoption-Agency Placements

2. Adoption-Stepparents and Close Relatives

3. Adoption-Parental Placement

4. Adoption-Adults

5. Adoption-Interstate

6. Adoption-Intercountry

7. Adoption-Indian Child Welfare Act

8. Appeals-Bonds

9. Limited Liability Companies and Other Business Entities

10. Civil Discovery

11. Contracts

12. Elder Law

13. Estate and Trust Administration

14. Estate Planning

15. Family Law-Attorney Fees

16. Family Law-Cooperative and Collaborative Law

17. Family Law-Discovery

18. Family Law-Marital Agreements

19. Real Estate-Deeds



VOLUME 1

CHAPTER 1 ADOPTION-AGENCY PLACEMENTS


1.1 Cover Letter To Agency
1.2 Cover Letter For Petition
1.3 Verified Petition For Adoption
1.4 Order Of Reference
1.5 Final Order Of Adoption
1.6 Interlocutory Order
1.7 Final Order Of Adoption After Interlocutory Order
1.8 Motion To Waive Report Of Investigation
1.9 Final Order Of Adoption With Waiver Of Report
1.10 Self-Authenticating Affidavit Of Identity Pursuant To Section 63.2-1202(K)
1.11 Birth Parent Recommended Placement, Election, Waiver, And Verification
1.12 Adoptive Parent Recommended Agency Placement Verification

CHAPTER 2 ADOPTION-STEPPARENTS AND CLOSE RELATIVES

2.1 Cover Letter to Circuit Court
2.2 Petition For Adoption
2.3 Consent To Adoption By Birth Father
2.4 Affidavit That Birth Father’s Identity Is Unknown
2.5 Consent Of Minor 14 Years Of Age Or Older
2.6 Order of Reference
2.7 Final Order of Adoption
2.8 Petition For Adoption Of A Close Relative
2.9 Consent Under Oath To Adoption Of Close Relative
2.10 Final Order Of Adoption Of A Close Relative

CHAPTER 3 ADOPTION-PARENTAL PLACEMENT

3.1 Parental Placement Adoption Checklist
3.2 Power Of Attorney And HIPAA Compliant Medical Authorization
3.3 Cover Letter For Petition In Juvenile And Domestic Relations District Court
3.4 Petition For Consent Hearing In Juvenile And Domestic Relations District Court 3.5 Motion And Order For Appointment Of Guardian Ad Litem
3.6 Out-Of-Court Consent Of Birth Father
3.7 Birth Father’s Denial Of Paternity
3.8 Notice Letter To Putative Birth Father
3.9 Notice Letter To Nonputative Birth Father
3.10 Notice Of Hearing To Nonputative Birth Father
3.11 Certification By Social Worker
3.12 Birth Mother’s Consent To Adoption And Affidavit Of Paternity
3.13 Order Accepting Consents And Transferring
3.14 Cover Letter For Circuit Court Petition For Adoption
3.15 Circuit Court Petition For Adoption
3.16 Circuit Court Interlocutory Order
3.17 Cover Letter To Circuit Court With Final Order Of Adoption
3.18 Circuit Court Final Order Of Adoption

CHAPTER 4 ADOPTION-ADULTS

4.1 Circuit Court Petition For Adoption
4.2 Consent Under Oath By Adult Adoptee
4.3 Circuit Court Order Of Reference
4.4 Circuit Court Final Order Of Adoption

CHAPTER 5 ADOPTION-INTERSTATE

5.1 Waiver Of Application Of Virginia Entrustment Laws

CHAPTER 6 ADOPTION-INTERCOUNTRY


6.1 Circuit Court Petition For Adoption
6.2 Order Of Reference
6.3 Circuit Court Final Order Of Adoption After Six Months
6.4 Circuit Court Final Order Of Adoption After 12

CHAPTER 7 ADOPTION-INDIAN CHILD WELFARE ACT

7.1 ICWA Consent Form
7.2 ICWA Judicial Certification Form
7.3 Petition To The Juvenile Court To Accept Consent And Transfer Custody
7.4 Juvenile Court Order Confirming Consents And Granting Custody To Adoptive Parents

CHAPTER 8 APPEALS-BONDS

8.1 Bond for Costs Alone - Appeal of Right From Circuit Court to Court of Appeals (including further appeal to the Supreme Court).
8.2 Bond for Costs and Suspension - Appeal From Circuit Court to Appellate Court.
8.3 Bond for Costs Alone Required by Appellate Court on Appeal From Circuit Court.
8.4 Bond for Suspension Alone Required by Appellate Court on Appeal From Circuit Court.
8.5 Bond for Costs and Suspension Required by Appellate Court on Appeal From Circuit Court.
8.6 Additional Bond Required by Appellate Court on Appeal From Circuit Court.
8.7 Bond for Costs Alone - Appeal of Right From Virginia Workers'
Compensation Commission to Court of Appeals (including further appeal to the Supreme Court).
8.8 Bond for Costs Alone - Required by Supreme Court on Appeal of Right From State Corporation Commission
8.9 Bond for Costs and Suspension - Required by Supreme Court on Appeal of Right From State Corporation Commission
8.10 Form for Execution and Acknowledgment of All Bonds
8.11 Irrevocable Letters of Credit

CHAPTER 9 LIMITED LIABILITY COMPANIES AND OTHER BUSINESS ENTITIES

9.1 Articles Of Incorporation With Indemnity Provisions
9.2 Partnership Agreement
9.3 Articles Of Organization for a Limited Liability Company
9.4 Operating Agreement for a Limited Liability Company With Buy-Sell Provision And Optional Manager-Management Provisions
9.5 Articles Of Organization
9.6 Conversion Of Partnership To Limited Liability Company
The original articles should be submitted to the Clerk of the State Corporation Commission, 1300 E. Main Street, Richmond, VA 23219 or P.O. Box 1197, Richmond, VA 23218-1197, with a check for the filing fee of $100, payable to the State Corporation Commission. This fee may not be paid in cash. Practitioners who have questions should call (804) 371-9733.Articles Of Amendment To Articles Of Organization
9.7 Operating Agreement With Buy-Sell Provision And Optional Manager-Management Provisions
9.8 Articles Of Organization—Single-Member Company
9.9 Sample Operating Statement For Single-Member
9.10 Unanimous Written Consent Of The Members
9.11 Written Consent In Lieu Of Meeting Of The Members.
9.12 Written Consent Of A Majority Of The Members
9.13 Unanimous Written Consent Of The Members To Amend The Articles Of Organization
9.14 Unanimous Written Consent Of The Members To Admit New Member
9.15 Appointment Of Proxy
9.16 Appointment Of Irrevocable Proxy
9.17 Articles Of Organization For A Board Of Manager-Managed Company
9.18 Operating Agreement For A Board Of Manager-Managed Company
9.19 Operating Agreement For Estate Planning Purposes
9.20 Incumbency Certificate Or Resolution
9.21 Statement Of Organization For A Single-Member Domestic Professional Limited Liability Company

CHAPTER 10 CIVIL DISCOVERY

10.1 Scheduling Order (Basic)
10.2 Scheduling Order (Detailed)
10.3 Uniform Pretrial Scheduling Order
10.4 Sample Interrogatories
10.5 Sample Objections
10.6 Sample Oaths To Be Executed By Responding Party
10.7 Request For Production Of Documents
10.8 Request For Production Of Documents And Things
10.9 Request For Subpoena Duces Tecum
10.10 Request For Permission To Enter Upon Land
10.11 Motion For A Protective Order
10.12 Stipulation Agreement And Protective Order
10.13 Subpoena Duces Tecum (Civil)
10.14 Notice Of Deposition Duces Tecum (Automobile Accident)
 10.15 Notice Of Deposition Duces Tecum For Corporate Designee
10.16 Deposition Preparation—Attorney Checklist
10.17 Checklist For A Client's Deposition
10.18 Deposition Preparation-Tips For Witnesses
10.19 Letter Rogatory
10.20 Motion For Commission To Take Deposition Out Of State
10.21 Commission Authorizing The Taking Of Out-Of-State Depositions
10.22 Requests for Admission (Plaintiff To Defendant— Liability, Genuineness Of Medical Bills/Records)
10.23 Requests for Admission (Plaintiff To Defendant— Slip-And-Fall In Supermarket, Combining Requests For Admission With Interrogatories And Request For Production)
10.24 Requests For Admission (Plaintiff To Defendant— Genuineness And Reasonableness Of Medical Bills/Records, Combining Requests For Admissions With Interrogatories)
10.25 Memorandum In Support Of Motion To Compel Party Produce Documents And To Supplement Its Interrogatory Responses
10.26 Memorandum In Opposition To Motion To Compel

CHAPTER 11 CONTRACTS

11.1 Assignment Clause
11.2 Joint and Several Liability Provision—Note
11.3 Joint and Several Liability Provision—Guaranty
11.4 Joint and Several Liability Provision—Lease
11.5 Joint and Several Liability Provision—Lease
11.6 Several Liability Provision—Loan Agreement
11.7 Several Liability Provision—Stock Purchase Agreement
11.8 Exclusive Patent License Agreement
11.9 License Agreement
11.10 Software License Agreement
11.11 Technology Development Agreement
11.12 Confidentiality Agreement for Product Evaluation
11.13 Proprietary Information, Inventions, and Non-Solicitation Agreement
11.14 Sample International Distribution Agreement With Commentary
11.15 Stock Purchase Agreement
11.16 Real Estate Purchase Agreement
11.17 Purchase and Sale Agreement
11.18 Sample Shareholders’ Agreement With Commentary
11.19 Promissory Note
11.20 Guaranty
11.21 Security Agreement
11.22 Stock Pledge Agreement*
11.23 Liquidated Damages Provision (Construction Contract)
11.24 Limitation of Third-Party Benefit Provision
11.25 Severability Provision
11.26 Merger Provision
11.27 Survival Provision
11.29 Complaint—Note and Guaranty
11.30 Complaint—Specific Performance and Damages
11.31 Complex Contract Action

VOLUME 2

CHAPTER 12 ELDER LAW


12.1 Elder Law Essential Information Survey
12.2 Guardianship/Conservatorship Essential Information Survey
12.3 Engagement Agreement—Medicaid Planning
12.4 Engagement Agreement—Estate Planning
12.5 Engagement Agreement—Guardianship and/or Conservatorship Appointment
12.6 Letter to Physician for Capacity Determination — Guardianship/Conservatorship Petition
12.7 Letter to Physician for Capacity Determination—Testamentary and POA Execution Capacity
12.8 Disclosure Letter Pursuant To LEO 1515
12.9 Disclosure Statement—Financial Services
12.10 Folstein Mini-Mental Status Exam (Mmse)
12.11 General Durable Power of Attorney
12.12 Consent To Release HIPAA-Protected Information
12.13 Advance Medical Directive
12.14 Trust Provision—Care Of Grantor In Event Of Grantor’s Incapacity
12.15 Petition For Appointment Of Guardian And Conservator
12.16 Order Appointing Guardian Ad Litem
12.17 Notice To Respondent Of Motion For Order Appointing Guardian Ad Litem
12.18 Notice To Family Of Motion For Order Appointing Guardian Ad Litem
12.19 Certificate Of Compliance With Notice Requirement
12.20 Physician’s Evaluation Report
12.21 Affidavit Of Indigence
12.22 Order Of Indigence
12.23 Order Appointing Guardian And Conservator
12.24 Self-Settled Special Needs Trust
12.25 Third-Party Special Needs Trust
12.26 Waiver Of Elective Shares In Spouses’ Estates
12.27 Notice Of Appeal From Denial Of Benefits

CHAPTER 13 ESTATE AND TRUST ADMINISTRATION

13.1 Sample Engagement Letter
13.2 Virginia Small Estate Act Affidavit
13.3 Self-Proving Affidavit
13.4 Self-Proving Affidavit—Alternative Form
13.5 Order of Probate and Qualification
13.6 Stock Power
13.7 Revocable Transfer on Death Deed Pursuant to Section 64.2-635 of the Virginia Code
13.8 Revocation of Transfer on Death Deed Pursuant to Section 64.2-635 of the Virginia Code
13.9 Notice of Intent to File a Statement in Lieu of Settlement of Account
13.11 Claim to an Elective Share Pursuant to Section 64.2-302 of the Virginia Code
13.12 Petition for Determination of Elective Share
13.13 Order Determining Spouse’s Elective Share
13.14 Claim for Family Allowance
13.15 Claim for Exempt Property Allowance
13.16 Appeal from Clerk’s Order
13.17 Complaint to Impeach a Will
13.18 Disclaimer
13.19 Complaint for Aid and Direction
13.20 Report of Debts and Demands
13.21 Motion for Show Cause Order
13.22 Show Cause Order
13.23 Show Cause Order against Distribution
13.24 Order of Distribution of Estate
13.25 Receipt (Tangible Personal Property)
13.26 Receipt (Cash Bequest)
13.27 Refunding Bond
13.28 Declaration of Trust under the Virginia Uniform Custodial Trust Act
13.29 Transfer under the Virginia Uniform Custodial Trust Act
13.30 Custodial Trustee’s Receipt and Acceptance
13.31 Waiver of Compensation

CHAPTER 14 ESTATE PLANNING

14.1 Initial Letter to Client
14.2 Non-Tax Will for Single Person With Trust for Young Beneficiaries
14.3 Non-Tax Will With Trust for Children
14.4 Will With Special Needs Trust for Disabled Child
14.5 Tax Will With Outright Disposition of Marital Share
14.6 Tax Will With QTIP or General Power of Appointment Marital Trust
14.7 Pour-Over Will
14.8 Codicil
14.9 Non-Tax Trust With Trust for Children
14.10 Tax Trust With QTIP or General Power of Appointment Marital Trust
14.11 Tax Trust With GST Provisions
14.12 Amendment to Trust Agreement
14.13 Life Insurance Trust
14.14 Grandchild’s Trust
14.15 I.R.C. § 2503(c) Trust
14.16 Charitable Remainder Unitrust
14.17 Crummey Trust for the Benefit of a Child of the Grantor
14.18 Memorandum of Understanding Accompanying Power of Attorney
14.19 Durable General Power of Attorney
14.20 Advance Medical Directive; Appointment of Agent for Health Care Decisions; Appointment of Personal Representative to Obtain Health Care Information; Appointment of Agent to Make Anatomical Gifts
14.21 Durable Limited Power of Attorney for Tax Matters
14.22 Agent’s Certification as to Validity of Power of Attorney and Agent’s Authority
14.23 Attorney/Fiduciary Disclosure and Client Consent
14.24 Revocable Transfer On Death Deed Pursuant to Section 64.2 635
14.25 Revocation of Transfer On Death Deed Pursuant to Section 64.2 635
14.26 Self-Proving Certificate With Testator and Witness Signatures
14.27 Self-Proving Certificate Without Testator and Witness Signatures
14.28 Sample Letter Terminating Representation With Estate Planning Client Upon Completion

CHAPTER 15 FAMILY LAW-ATTORNEY FEES

15.1 Affidavit Submitted with Attached Detailed Statement of Fees and Costs
15.2 Affidavit with Total Time, Fees, and Costs Set Forth in the Body of Affidavit without Detailed Statement of Fees and Costs
15.3 Affidavit with Detailed Statement of Fees and Costs Set Forth in the Body of Affidavit
15.4 Notice of Charging Lien
15.5 Petition To Enforce Attorney’s Charging Lien

CHAPTER 16 FAMILY LAW-COOPERATIVE AND COLLABORATIVE LAW

16.1 Cooperative Law Process: Participation Agreement
16.2 Collaborative Participation Agreement

CHAPTER 17 FAMILY LAW-DISCOVERY


17.1 Comprehensive Information Form
17.2 Property Inventory
17.3 Motion for Discovery Regarding Custody
17.4 Order Granting Discovery Regarding Custody
17.5 Motion for Discovery Regarding Visitation
17.6 Order Granting Discovery Regarding Visitation
17.7 Motion for Discovery
17.8 Order Granting Discovery
17.9 Motion for Physical or Mental Examination
17.10 Order for Physical or Mental Examination
17.11 Interrogatories
17.12 Motion for Leave of Court to Serve More Than Thirty Interrogatories
17.13 Order Granting Leave of Court to Serve More Than Thirty Interrogatories
17.14 Answers and Objections to Interrogatories
17.15 Requests for Production of Documents
17.16 Response to Request for Production
17.17 Motion to Compel Responses to Discovery Requests
17.18 Order to Answer Interrogatories and Respond to Request for Production of Documents
17.19 Motion for Sanctions for Noncompliance with Discovery Order
17.20 Order Imposing Sanctions
17.21 Request for Admissions
17.22 Response to Request for Admissions
17.23 Notice of Deposition
17.24 Motion to Compel Answers to Deposition Questions
17.25 Order to Answer Deposition Questions
17.26 Motion to Terminate or Limit Deposition
17.27 Order Granting Motion to Terminate or Limit Deposition
17.28 Request for Subpoena Duces Tecum
17.29 Motion to Quash or Modify Subpoena Duces Tecum
17.30 Order Modifying Subpoena Duces Tecum.
17.31 Motion for Protective Order
17.32 Letter Authorizing Financial Institution to Disclose and Furnish Information Regarding Financial Status
17.33 Request for Copy of Tax Return
17.34 Letter Authorizing DCSE ro Release File Information to Attorney
17.35 Authorization to Release Confidential Health Records
17.36 Request for Certified Copy of Record of Conviction

CHAPTER 18 FAMILY LAW-MARITAL AGREEMENTS

18.1 Client Fact Sheet
18.2 Schedule Of Assets And Liabilities
18.3 Master Information List
18.4 Income/Expense Exhibit
18.5 Information And Fee Agreement For Domestic Relations Matters
18.6 Contract For Mediation
18.7 Memorandum Of Understanding—Sample Paragraphs
18.8 Partnership Agreement
18.9 Premarital Agreement
18.10 Sample Non-Abrogation Paragraph For Marital Agreement
18.11 Reconciliation Agreement
18.12 Premarital Agreement—Short Form
18.13 Provision Allowing For Later Insertion Of Omitted Language
18.14 Undisclosed/Not Included Assets
18.15 Effect Of Reconciliation
18.16 Temporary Child Support Provisions
18.17 Regular Child Support Provisions—Information And Generally
18.18 Regular Child Support Provisions—Application Of Guidelines
18.19 Regular Child Support Provisions—Finances Of The Parties
18.20 Regular Child Support Provisions—Amount And Duration
18.21 Emancipation Event
18.22 Modification Provisions
18.23 Dependency Exemption Provisions
18.24 Education Payment Provisions
18.25 Educational Trust Fund Provisions
18.26 Medical And Dental Provisions
18.27 Waivers And Reservations
18.28 Lump Sum Spousal Support Provisions
18.29 Lump Sum Spousal Support Payable Monthly
18.30 Lump Sum Payable Partly Upon Execution And Balance Monthly
18.31 Monthly Fixed Spousal Support
18.32 Monthly Variable Spousal Support For A Non-Fixed Term
18.33 Monthly Fixed Level Spousal Support For Fixed Term (Of More Than Three Years)
18.34 Monthly Fixed Level Spousal Support For Term Of Three Years Or Less
18.35 Spousal Support For Three-Year Period—Partial Non-Modifiability
18.36 Monthly Staggered Spousal Support For Fixed Term (Of More Than Three Years)
18.37 Tax Consequences
18.38 Reinstatement Alimony
18.39 Obligation Of Estate
18.40 Spousal Support Modification Provisions
18.41 Cohabitation
18.42 Other Support Considerations—Disability
18.43 Other Support Considerations—Tax Returns
18.44 Counsel Fees
18.45 Emergency Fund
18.46 Debts
18.47 Spousal Support In Lieu Of Property
18.48 Tax Effects Of Property Transfers
18.49 Real Property Provisions
18.50 Personal Property Provisions
18.51 Motor Vehicles
18.52 Deferred Compensation
18.53 Partnerships, Corporations, Business Interests, Loans, And Trusts
18.54 Life Insurance
18.55 Sole Custody
18.56 Sole Custody; Visitation Provisions
18.57 Sole Custody; Joint Custody During Visitation With Provision For Visitation Outside The United States
18.58 Joint Custody Arrangements
18.59 Shared Custody
18.60 Split Custody
18.61 Divided Custody
18.62 Joint (Legal) Custody With Primary Residence And Specific Schedule
18.63 Joint Custody: Schedule And Changes As Appropriate
18.64 (“Birdnest”) Joint Custody
18.65 Joint Legal Custody With Primary Residence
18.66 Joint Custody During Visitation
18.67 Children’s Religious Upbringing
18.68 Joint Custody, Legal Residence With One Parent (Child’s Best Interests)
18.69 Avoiding Use Of The Word “Custody,” Visitation Provisions
18.70 Relocation Provisions
18.71 Visitation Restriction (Other Person)
18.72 Examples Of Visitation Schedules
18.73 Visitation Restriction (Alcohol)
18.74 Safety And Moral Restrictions
18.75 Grandparents’ Visitation
18.76 Financial Provision
18.77 Change In Circumstances
18.78 Cooperative Parenting
18.79 Family Communication
18.80 Information Sharing
18.81 Medical Care
18.82 Parent Coordinator Provision
18.83 Examples Of Standard Provisions Used In Separation Agreements
18.84 Consent Order
18.85 Sample Separation Agreement I
18.86 Sample Separation Agreement II
18.87 Provision For Waiver Of Estate Rights
18.88 Clause To Terminate A Revocable Trust
18.89 Sample Estate Planning Provisions
18.90 Saving Clause For Benefit Waiver Provisions

CHAPTER 19 REAL ESTATE-DEEDS

19.1 General Warranty Deed-VBA Form
19.2 General Warranty Deed To Husband And Wife-VBA Form
19.3 General Warranty Deed To Joint Tenants-VBA Form
19.4 General Warranty Deed To Tenants In Common-VBA Form
19.5 General Warranty Deed For Property In The Name Of One Spouse-VBA Form
19.6 Special Warranty Deed-VBA Form
19.7 Quitclaim Deed-VBA Form
19.8 Deed To Trustees Under Virginia Land Trust-VBA Form (Setting Out Trust Uses And Purposes)
19.9 Deed To Trustee Under Virginia Land Trust-VBA Form (From Trust Beneficiary; Trust Uses And Purposes Not Setout)
19.10 Deed Of Subordination-VBA Form
19.11 Deed Of Release-VBA Form
19.12 Deed Of Partial Release-VBA Form
19.13 Deed Without Warranty
19.14 Deed Of Gift
19.15 Deed For A Condominium Unit
19.16 Deed Of Assumption
19.17 Examples Of Signature Blocks
19.18 Corrective Affidavit and Notice of Intent to Correct

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