Filing a Civil Action Flashcards
(23 cards)
What governs Virginia Civil Procedure?
The Constitution of Virginia, the Code of Virginia, the Rules of the Supreme Court of Virginia, and decisions of the Virginia courts.
How is a civil action initiated in Virginia?
By filing a complaint with the clerk of the trial court that has subject matter jurisdiction.
What are the types of trial courts in Virginia?
District courts and circuit courts.
What is the monetary jurisdiction limit for the general district court for claims?
Exclusive original jurisdiction for claims not exceeding $4,500.
What is the concurrent jurisdiction limit for the general district court and circuit court?
Claims exceeding $4,500 but not exceeding $25,000.
What is the monetary limit for small claims court in Virginia?
Claims that do not exceed $5,000, excluding interest.
What jurisdiction does the general district court have over landlord claims for rent?
Exclusive original jurisdiction regardless of the amount in controversy.
What is the original jurisdiction limit for partition of personal property in the general district court?
When the value exceeds $20 and does not exceed $25,000.
What type of actions does the general district court have jurisdiction over regarding unlawful detainer?
Original jurisdiction regardless of the amount of the claim.
What is the jurisdiction of the general district court regarding interpleader actions?
Original jurisdiction shared with the circuit court.
What is the general district court’s jurisdiction concerning the Virginia Freedom of Information Act (FOIA)?
Original jurisdiction shared with the circuit court.
Does a general district court conduct jury trials?
No, factual and legal issues are decided by the judge.
What happens when a judgment from a general district court is appealed?
It results in a de novo trial in the circuit court.
What matters do juvenile and domestic relations district courts in Virginia handle?
Family law matters like child custody, visitation, and spousal support.
What is the jurisdiction status of juvenile and domestic relations district courts when a divorce suit is filed?
JDR shares the jurisdiction it does have over family law matters with the circuit court.
It is divested of jurisdiction to issue further decrees or orders when a party files suit for divorce in a circuit court if:
i) Spousal support or the custody, guardianship, visitation, or support of the parties’ children is raised by the pleadings; and
ii) A hearing (including a pendente lite hearing) is set by the circuit court on any such issue for a date certain or placed on a motions docket within 21 days of the filing.
What is the rule regarding service of notice of appeal in juvenile and domestic relations district courts?
Must be served consistent with Rule 1:12 by the appealing party.
What is the original jurisdiction of circuit courts over monetary claims?
Concurrent jurisdiction over claims for more than $4,500 and not greater than $25,000.
What is the exclusive original jurisdiction limit for civil claims in circuit courts?
Exceeding $25,000, or $50,000 for personal injury and wrongful death actions.
What types of actions does the circuit court have exclusive original jurisdiction over?
Equitable relief, real property disputes, and administration of a decedent’s estate.
Where are jury trials held in Virginia?
In circuit courts.
What distinguishes circuit courts from general district courts?
Circuit courts are courts of record and conduct jury trials.
What original trial jurisdiction does the Supreme Court have?
To entertain petitions for specific actions such as extraordinary writs.
Which court has original trial jurisdiction to award a writ of habeas corpus to a prisoner held under the sentence of death?
Only the Supreme Court.
