If you have a case in Virginia Circuit Court, many Courts follow a practice called Term Day when setting trial dates. This inefficient practice requires lawyers for all civil cases ready for trial to go to the courthouse and request a trial date, which could be weeks in the future or sometime years in the future (depending upon the case). The history shows that it dates back to at least 1623, 402 years ago. Federal Courts, and some Circuit Courts no longer follow this system. 

The concept of Term Day in Virginia Circuit Courts has deep roots in the Commonwealth's judicial system, evolving from English legal traditions and adapting to the needs of a growing colonial and state judiciary. While specific historical details about Term Day's origins are sparse, its development can be traced through Virginia's court system history and statutory framework, with some context from the provided web results. Below, I outline the historical context and evolution of Term Day in Virginia, focusing on its role in Circuit Courts, and addresses its perceived inefficiency.

Historical Context of Term Day in Virginia

• Colonial Roots and English Influence:
• Virginia's judicial system, established under the Charter of 1606, drew heavily from English common law. Early courts, such as the Quarterly Courts (later County Courts), held sessions at fixed intervals to handle civil, criminal, and administrative matters. These periodic court sessions, or "terms," were necessary in a largely agrarian society where travel to courthouses was time-consuming and litigants needed predictable dates to appear.
• The Virginia House of Burgesses created an appellate court in 1623 that met quarterly, setting a precedent for structured court terms. This system ensured that cases were heard systematically, with designated times for parties to appear, akin to modern Term Day.
• In colonial Virginia, courts operated on a term system, where judges convened at specific intervals (e.g., quarterly or semi-annually) to clear dockets. This was practical for sparsely populated areas like Stafford County, where centralized court sessions minimized travel burdens.
• Post-Revolutionary Reorganization:
• After the Revolutionary War, Virginia reorganized its court system to reflect its new status as an independent state. The General Court and County Courts continued to operate with fixed terms, and by the late 18th century, the Circuit Court system began to take shape, formalizing the structure of trial courts with general jurisdiction.
• The term system persisted because it allowed judges, who often rode circuits across multiple counties, to manage caseloads efficiently. Term Day emerged as a specific day within these terms when cases were set for trial or other proceedings, ensuring all parties were present to schedule matters.
• 19th Century Codification:
• By the 19th century, Virginia's legal system was codified in statutes like the Code of Virginia (1849), which formalized court terms. The Code of 1919 (referenced in modern statutes) outlined procedures for fixing court terms, requiring at least four terms per year in each circuit, set by the chief judge. This ensured regular opportunities for case scheduling, including Term Day.
• Term Day was particularly important for civil and criminal cases, as it allowed courts to organize dockets after cases were "mature" (i.e., ready for trial after pleadings, discovery, or indictments). In criminal cases, Term Day often followed Grand Jury sessions, as seen in modern practices in Fairfax and Prince William Counties, where it is used to set plea or trial dates.
• Circuit Courts and Term Day in Modern Virginia:
• Today, Virginia's Circuit Courts, established in 31 judicial circuits, are the primary trial courts with general jurisdiction over civil cases (claims over $25,000), felonies, and appeals from lower courts. Each circuit sets its own terms, with Term Day serving as a procedural milestone to schedule trials.
• In Stafford County, part of the 15th Judicial Circuit, Term Day requires parties or counsel to appear to set trial dates for mature cases, particularly in civil matters like child custody or divorce. This practice aligns with Fairfax County, where Civil Term Day is held on the fourth Monday of each month (or the next business day if a holiday), and Prince William County, where it occurs the first Tuesday after the first Monday.
• The Code of Virginia (§ 17.1-517) mandates that chief judges fix court terms annually, with changes effective July 1, ensuring consistency across circuits. Term Day is often tied to these terms, with local rules (e.g., praecipe filings) dictating how cases are placed on the docket.

Evolution of Term Day's Purpose

• Scheduling Efficiency: In early Virginia, Term Day centralized case management, allowing judges to handle multiple cases in one session. This was critical when courts served large geographic areas like Stafford County.
• Due Process: Requiring parties to appear ensured notice and opportunity to be heard, aligning with common law principles.
• Grand Jury Integration: In criminal cases, Term Day often follows Grand Jury sessions (e.g., in Fairfax, the Thursday after the Grand Jury meets), reflecting its role in transitioning cases from indictment to trial.
• Local Adaptation: Each circuit tailors Term Day to its needs. For example, Charles City Circuit Court sets civil cases by praecipe seven days before Term Day, while Stafford County likely follows similar local rules.

Inefficiency of Term Day in Modern Context

The user notes that Stafford County's Term Day is inefficient, likely due to the requirement for all parties or counsel to appear in person to set trial dates. This can be analyzed historically and practically:

• Historical Rationale vs. Modern Needs:
• Historically, in-person appearances were necessary because communication was limited (no phones, email, or electronic filing). Term Day ensured all parties were coordinated in a pre-industrial society.
• Today, with electronic filing systems (e.g., Virginia Judiciary E-Filing System) and remote communication, mandatory in-person appearances seem outdated. For example, Fairfax County allows electronic praecipe filings for Term Day, but still requires counsel presence, which can burden busy attorneys or pro se litigants.
• In child custody cases, where emotions run high, requiring parents to appear for a brief scheduling hearing can escalate tensions unnecessarily.
• Comparative Practices:
• Some Virginia circuits, like Prince William, allow trial dates to be set by agreement without Term Day appearance if parties coordinate with the court. This suggests flexibility is possible but not uniformly adopted.
• Other states, like California or New York, use case management conferences (often virtual) to set trial dates, reducing the need for formal in-person sessions. Virginia's adherence to Term Day may reflect tradition rather than necessity.
• Potential Reforms:
• Electronic Scheduling: Allowing trial dates to be set via email or online portals could streamline the process, as seen in Fairfax's Electronic Filing System.
• Remote Appearances: Post-COVID, many courts adopted Zoom for hearings. Stafford County could expand virtual Term Day options to reduce travel burdens.
• Delegated Authority: Clerks or magistrates could handle scheduling administratively, reserving Term Day for contested matters.

Conclusion

Term Day in Virginia Circuit Courts, including Stafford County, originated from colonial court practices rooted in English common law, where periodic terms ensured efficient case management in a decentralized society. Formalized in the 19th century and codified in modern statutes, it remains a key procedural step to set trial dates for mature cases, particularly civil matters like child custody. However, its requirement for in-person appearances, as noted in Stafford County, is increasingly seen as inefficient in a digital age. While historically justified, Term Day could be modernized through electronic or remote options, aligning with practices in other jurisdictions and reducing burdens on litigants and counsel.