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Chapter 6 – Civil Case Procedures

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GENERAL DISTRICT COURT MANUAL CIVIL CASE PROCEDURES Page 6-1 Chapter 6 – Civil Case Procedures Introduction Civil cases are brought to enforce, redress, or protect the private rights of an individual, organization or government entity. The remedies available in a civil action include the recovery of money damages and the issuance of a court order requiring a party to the suit to complete an agreement or to refrain from some activity. The party who initiates the suit is the “plaintiff,” and the party against whom the suit is brought is the “defendant.” In civil cases, the plaintiff must prove his case by “a preponderance of the evidence.” Any person who is a plaintiff in a civil action in a court of the Commonwealth and a resident of the Commonwealth or a defendant in a civil action in a court of the Commonwealth, and who is on account of his poverty unable to pay fees or costs, may be allowed by the court to sue or defendant a suit therein without paying fees and costs. The person may file the DC-409, PETITION FOR PROCEEDING IN CIVIL CASE WITHOUT PAYMENT OF FEES OR COSTS . In determining a person’s ability to pay fees or costs on account of his/her poverty, the court shall consider whether such person is current recipient of a state and federally funded public assistance program for the indigent or is represented by legal aid society, including an attorney appearing as counsel, pro bono or assigned or referred by legal aid society. If so, such person shall be presumed unable to pay such fees and costs. Va. Code § 16.1-69.48:4 and Va. Code § 17.1-606 The following subsections provide a quick summary of the jurisdiction and venue requirements and the available discovery procedures in general district court. Jurisdiction Va. Code § 16.1-77 and Va. Code § 17.1-513 The general district court has exclusive original jurisdiction over any claim not exceeding $4,500, excluding interest and attorney’s fees. The general district court has concurrent jurisdiction with the circuit court for civil actions on contract for any claim in excess of $4,500 and up to and including $25,000; and concurrent jurisdiction with circuit court in tort claims in excess of $4,500 up to and including $50,000, excluding interest and attorney’s fees claimed. However, cases involving liquidated damages for violations of vehicle weight limits, or cases involving forfeiture of bond, claims, counter-claims, and cross-claims filed in actions for unlawful entry or detainer, are not subject to the maximum jurisdictional limit applicable in general district court, regardless of the purpose for which the occupant is using the premises. (Commercial and residential) Office of the Executive Secretary Department of Judicial Services Rev. 7/21 GENERAL DISTRICT COURT MANUAL CIVIL CASE PROCEDURES Page 6-2 The general civil jurisdiction statute for general district courts sets forth additional situations in which district courts have jurisdiction, whether it is exclusive or concurrent with the circuit courts. A court must have jurisdiction over the parties and the action in order to hear the case. While a matter is pending in a general district court or a circuit court, upon motion of the plaintiff seeking to increase or decrease the amount of the claim, the court shall order transfer of the matter to the general district court or circuit court that has jurisdiction over the amended amount of the claim without requiring that the case first be dismissed or that the plaintiff suffer a nonsuit, and the tolling of the applicable statutes of limitations governing the pending matter shall be unaffected by the transfer. Where such a matter is pending, if the plaintiff is seeking to increase or decrease the amount of the claim to an amount wherein the general district court and the circuit court would have concurrent jurisdiction, the court shall transfer the matter to either the general district court or the circuit court, as directed by the plaintiff, provided that such court otherwise has jurisdiction over the matter. Except for good cause shown, no such order of transfer shall issue unless the motion to amend and transfer is made at least 10 days before trial. The plaintiff shall pay filing and other fees as otherwise provided by law to the clerk of the court to which the case is transferred, and such clerk shall process the claim as if it were a new civil action. The plaintiff shall prepare and present the order of transfer to the transferring court for entry, after which time the case shall be removed from the pending docket of the transferring court and the order of transfer placed among its records. The plaintiff shall provide a certified copy of the transfer order to the receiving court. Va. Code §8.01-195.4 While a matter is pending in a general district court, upon motion of the plaintiff seeking to increase the amount of the claim, the court shall order transfer of the matter to the circuit court that has jurisdiction over the amended amount of the claim without requiring that the case first be dismissed or that the plaintiff suffer a nonsuit, and the tolling of the applicable statutes of limitations governing the pending matter shall be unaffected by the transfer. Except for good cause shown, no such order of transfer shall issue unless the motion to amend and transfer is made at least 10 days before trial. The plaintiff shall pay filing and other fees as otherwise provided by law to the clerk of the court to which the case is transferred, and such clerk shall process the claim as if it were a new civil action. The plaintiff shall prepare and present the order of transfer to the transferring court for entry, after which time the case shall be removed from the pending Office of the Executive Secretary Department of Judicial Services Rev. 7/21 GENERAL DISTRICT COURT MANUAL CIVIL CASE PROCEDURES Page 6-3 docket of the transferring court by updating the pending case with O and TR in the case management system and the order of transfer is placed with the case papers. The plaintiff shall provide a certified copy of the transfer order to the receiving court. Va. Code § 16.1- 77 Venue “Venue” refers to the place of trial, i.e. the particular county or city in which a case must be heard. See Va. Code §§ 16.1-76 and 8.01-257. Virginia Code § 8.01-261 (preferred venue) and Va. Code § 8.01-262 (permissible venue), list several different types of actions and the places in which venue would be proper for each action. In order for venue to be proper, it must be in accordance with these sections. Va. Code § 8.01-260. A defendant may object to the choice of venue, but it is within the court’s discretion whether or not to grant the request for a venue transfer. Va. Code §§ 8.01-264; 8.01-265, and 8.01-267. Further, an objection to improper venue does not result in a dismissal, but in a transfer of the action to a proper venue. Va. Code § 8.01-264. Discovery Procedures Discovery procedures in the general district courts are limited to the following: • Subpoena duces tecum, to parties and non-parties. Va. Code § 16.1-89. • Evidence of medical reports or records; testimony of health care provider or custodian of records. Va. Code § 16.1-88.2. • Bill of particulars (filed by plaintiff at judge’s request). Va. Code § 16.1-69.25:1. • Grounds of defense (filed by defendant at judge’s request). Rule 7B:2. • Interrogatories (following issuance of a fieri facias upon a judgment rendered in general district court). Va. Code § 16.1-103. Narrative Description A plaintiff initiates a civil case in the general district court by filing a pleading describing the complaint or dispute with the defendant named in the pleading and remitting all appropriate fees. Va. Code §§ 17.1-272, 16.1-69.48:2, 17.1-278, 17.1-281, and 42.1-70. All pleadings, motions, briefs, and other documents filed in the court shall be on paper eight and one-half by eleven inches in size, with certain exceptions for evidentiary items. See Rule 7A:7. Whenever a party files, or causes to be filed, with the court a motion, pleading, subpoena, exhibit, or other document containing a social security number or other identification number appearing on a driver's license, credit card, debit card, bank account, or other electronic billing and payment system, the party shall make reasonable efforts to redact all but the last four digits of the Office of the Executive Secretary Department of Judicial Services Rev. 7/21 GENERAL DISTRICT COURT MANUAL CIVIL CASE PROCEDURES Page 6-4 identification number, unless there is a specific statute to the contrary that applies to the particular type of proceeding in which the party is involved. Va. Code § 8.01-420.8. There are two types of pleadings in general district court: the civil warrant or summons form and the motion for judgment. Va. Code §§ 16.1-79, 16.1-81. The more frequently used of the two is the civil warrant or summons form, which the plaintiff files, with the appropriate filing fee in the clerk’s office or with a magistrate. If the warrant or summons form is filed in the clerk’s office, the clerk marks the date and time of receipt in the clerk’s office on the form, issues receipts for fees, assigns the case a sequential case number which is placed on the form, and indexes the case in the case index system.
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