Motion for Show Cause Summons or Capias (Form # DC-420) – Virginia Court

The Motion for Show Cause Summons or Capias (Form # DC-420) is a legal document used in the Commonwealth of Virginia’s General District Court. It is designed to request a court hearing for individuals who have allegedly violated conditions related to their sentence, recognizance, or other court-ordered obligations. The form allows the party making the request to provide detailed information about the respondent, including personal details such as race, sex, birth date, height, and hair color. The form includes sections to specify the nature of the violation, whether it pertains to suspended sentences, conditions of release, payment of fines or restitution, VASAP participation, community-based probation, or deferral of proceedings. It also includes options for other types of violations and their respective legal codes. The undersigned must sign and date the form to certify the request for the issuance of a summons or capias, compelling the respondent to appear in court to address the motion.

Filling out the form DC-420 correctly is crucial for its acceptance by the court. Follow these step-by-step instructions to ensure accurate completion:

Form Header Information

1. • Race, Sex, Date of Birth, Height, Hair Color: Enter the respondent’s race, sex, date of birth, height, and hair color if known.
   • Social Security Number (SSN): Enter the respondent’s SSN if known.

Case Information

1. • Case Number: Enter the case number associated with the motion.
   • Hearing Date and Time: Enter the scheduled hearing date and time if known.
   • Court: Enter the name of the General District Court handling the case.

Parties Involved

1. • Party Making this Request
     • Name: Enter your full name.
     • Address/Location: Enter your complete address.
     • Telephone Number: Enter your contact number.
   • Party to be Served
     • Name: Enter the full name of the respondent (the party to be served).
     • Address/Location: Enter the respondent’s complete address.
     • Telephone Number: Enter the respondent’s contact number if known.

Violation Details

1. • Suspended Sentence Violation (Va. Code § 19.2-306): Check this box if the respondent has violated the terms of a suspended sentence and enter the date of the original suspension and the conviction details.
   • Recognizance Violation (Va. Code § 19.2-123): Check this box for violations of conditions of release and provide details of the violation.
   • Failure to Obey a Court Order (Va. Code §§ 18.2-456/16.1-69.24): Check this box if the respondent has failed to obey a court order, specify the date of the order, and describe the act of non-compliance.
   • Failure to Pay Fines or Restitution: Check this box for non-payment of fines, costs, or restitution, and enter the amount due and the due date.
   • VASAP Participation Revocation (Va. Code § 18.2-271.1): Check this box for violations related to VASAP and provide details.
   • Community-Based Probation Violation (Va. Code § 19.2-303.3): Check this box if the respondent violated community-based probation terms and provide details.
   • Probation Modification (Va. Code § 19.2-304): Check this box if requesting a modification of the probation period or conditions, and provide the specific modifications sought.
   • Deferral of Proceedings Revocation: Check this box if seeking to revoke the deferral of proceedings and provide relevant details.
   • Other: Check this box for other violations and provide an explanation.

Request for Issuance of Process

1. • Date: Enter the date when the form is being completed.
   • Title: Enter your title or position.
   • Signature: Sign the form to certify the motion.

Ensure all information is accurate and complete before submitting the form to the General District Court. Attach any necessary supporting documents to substantiate the claims made in the motion. If you need further assistance, consult with a legal professional or the court clerk.