Local Rule Rule 2: Divisions of the Western District

Rule 2. Divisions of the Western District

(a) Divisions. The divisions of this Court are as follows.

(1) Abingdon Division. The Abingdon Division embraces the counties of Smyth, Tazewell, Russell, Washington, Buchanan, Grayson, Bland, Wythe, the city of Bristol, Dickenson, Wise, Scott, Lee, and the city of Norton;

(2) Charlottesville Division. The Charlottesville Division embraces the counties of Albemarle, Fluvanna, Madison, Greene, Nelson, Rappahannock, Culpeper, Louisa, Orange, and the city of Charlottesville;

(3) Harrisonburg Division. The Harrisonburg Division embraces the counties of Frederick, Clarke, Warren, Shenandoah, Page, Rockingham, Augusta, Highland, Bath and the cities of Harrisonburg, Staunton, Waynesboro and Winchester;

(4) Lynchburg Division. The Lynchburg Division embraces the counties of Rockbridge, Amherst, Bedford, Campbell, Pittsylvania, Halifax, Charlotte, Appomattox, Buckingham, Cumberland and the cities of Buena Vista, Danville, Lexington and Lynchburg;

(5) Roanoke Division. The Roanoke Division embraces the counties of Alleghany, Botetourt, Craig, Giles, Pulaski, Montgomery, Roanoke, Floyd, Franklin, Carroll, Patrick, Henry, and the cities of Covington, Martinsville, Radford, Roanoke, Salem, and Galax.

(b) Venue in Civil Cases. Civil actions for which venue is proper in this district must be brought in the proper division as well. The venue rules for United States district courts contained in the United States Code also apply in determining the proper division in which an action must be filed, so that such venue rules are construed as if the terms "judicial district" and "district" were replaced with the word "division."

(c) Venue in Criminal Cases. Upon the return of an indictment by any grand jury, it shall be filed in the division in which the crime charged is alleged to have occurred and assigned to the judge next in rotation for that division. Where the indictment charges a crime or crimes that are alleged to have occurred in more than one division, the indictment shall be filed in the division in which it is alleged that a crime occurred that is the residence of a defendant, or if there are more than two defendants, and a majority of the defendants reside in one division, in that division. If the appropriate division cannot be determined using the rules set forth herein, the Clerk shall consult with the chief judge of the district, or in the chief judge's absence, with the next available active district judge in seniority, for direction as to the proper division for filing. Superseding indictments in any case shall be filed in the division in which the existing indictment is filed. Nothing in this rule shall affect the discretion of the presiding judge in any case in determining the proper place of trial.

(d) Assignment of Cases. Cases are assigned among the district judges pursuant to Standing Order, as amended from time to time. If a judge to whom a case is assigned is disqualified from the case by statute or by the Code of Conduct for United States Judges, the case must be reassigned by the Clerk to the judge who is next in rotation pursuant to the Standing Order, and if there is no other available judge, then the chief judge must reassign the case, and if the chief judge is so disqualified or is unavailable, then the next available active district judge in seniority must reassign the case.

(e) Continuous Session. All of the divisions of this Court shall be deemed in continuous session for transaction of judicial business on all business days throughout the year.