Information about the Virginia Judicial System may be found at the official web site which can be accessed at www.courts.state.va.us. This site includes not only general information about the courts, but links to most of the courts in the Commonwealth and the online database of information about cases pending in many of the courts.

I. Trial Courts

In Virginia, each City or County has its own trial courts, with a few exceptions. Each jurisdiction has several layers of courts, as established by the Virginia Code. While there are central Rules of Procedure for all state courts, many local jurisdictions have their own additional “local rules”, which can modify practice in that jurisdiction. Accordingly, familiarity with the local rules in a given jurisdiction can be as important as familiarity with the central Rules of Procedure. The local rules are usually available through the court clerk’s office or the judges’ chambers. Some are not readily available, and an experienced attorney is essential to understanding the “rules of the road” for practicing in that Court.

A. General District Court

The General District Court has original jurisdiction over amounts in controversy of less than $3,000. For amounts between $3,000 and $15,000, the General District Court has concurrent jurisdiction with the Circuit Court. These courts are often mistakenly referred to as small claims court (see below). In the General District Court, jury trials are not available, and generally the parties to a case have the right to appeal the judge’s ruling for a trial de novo in the Circuit Court. Because this Court’s jurisdiction is limited to $15,000.00, most personal injury cases are filed in the higher Circuit Court.

Actions are begun in General District Court with the filing of a Warrant in Debt. No Answer is required on behalf of the Defendant(s). A date for the “First Return” will appear on the Warrant in Debt.  If the defendant fails to appear, or send counsel, then the Plaintiff can obtain a default judgment at this First Return. Usually, counsel will appear on the First Return date and set a new date for trial. In some jurisdictions, the parties must be prepared to go forward to trial on the return date. If no trial is to be held on the return date, the defendant may ask the plaintiff to submit a Bill of Particulars, which is supplemental pleading containing a concise statement of facts and information sufficient to inform the defendant of the nature of the claim. The defendant will usually be required to file an Answer and Grounds of Defense, setting forth in writing the specific basis for the Defendant’s denial of liability and a response to the allegations in the Bill of Particulars.  These documents are the extent of pleading in the General District Court.

Generally, proceedings in General District Court are less formal than those in Circuit Court. The same rules of evidence are applicable, however, with minor exceptions. Opening and closing statements are permitted. Medical records may be submitted without live testimony of the physician if the records are provided to the opposing party at least 10 days in advance of trial. Likewise, estimates for damage to automobiles may be introduced accompanied by a sworn statement of the estimator regarding the authenticity of the estimate. Appeals to Circuit Court may be noted in writing, within 10 days of the adverse decision issued by the General District Court Judge.

1. Small Claims Court

Small Claims Court has concurrent jurisdiction with the General District Court for claims not exceeding $1,000.00. However, not every jurisdiction has a small claims court. Each small claims court has its own local rules of procedure which govern practice in that court.  Parties may not be represented by counsel in small claims courts in Virginia.

B. Circuit Court

The Circuit Court is Virginia’s primary “court of record”, and is the court in which most personal injury cases are filed, since the General District Court cannot hear claims in excess of $15,000 and because jury trials are available only in the Circuit Court.

Actions are begun with the filing of a Complaint. An Answer or other responsive pleading must be filed within 21 days from the date the Complaint was served (delivered) to the Defendant(s). Often, a Defendant will file various motions and procedural papers before getting around to filing an Answer. A Plaintiff can take up to a year after filing the suit before having their Complaint served on the Defendant(s).

C. Arbitration/Mediation

Traditionally, Virginia courts (unlike courts in neighboring jurisdictions) have not developed any formal alternative dispute resolution (“ADR”). Of course, the courts have always encouraged settlement of any and all disputes and issues before them. Recently, however, there has been a move toward some form of court-ordered ADR, although it currently varies by jurisdiction. In some places, it involves a mediation conference conducted by a Judge of the jurisdiction, and in other places it involves utilizing lawyers and other individuals specially trained to conduct the mediation. In all jurisdictions, the parties are free to engage in informal or private ADR where they desire to do so. The absence of formal court programs has led to fairly robust development of private businesses to serve this market.

Generally speaking, however, Virginia trial courts do not offer any extensive ADR to assist parties in the resolution of their cases.

II. Appellate Courts

A. The Court of Appeals

The Virginia Court of Appeals is a relatively new Court, created by statute in 1985 to alleviate the crowded docket of the Supreme Court of Virginia. The Court of Appeals has, by statue, limited jurisdiction and can only hear appeals in the following types of cases: domestic relations, criminal (non-capital), cases from the Workers’ Compensation Commission, certain other administrative agency decisions, and cases involving injunctions or findings of contempt. Most personal injury appeals go directly to the Supreme Court of Virginia.

B. The Supreme Court of Virginia

The Supreme Court of Virginia is the highest Court in the Commonwealth, and is the final stop for state court actions. Appeals to the Supreme Court of Virginia can come directly from the Circuit Courts in some instances, and from the Court of Appeals in other instances, depending on the subject matter of a particular action. Likewise, certain rulings from governmental agencies go to the Supreme Court for final review.