Editor: Janeen Koch, Esquire
Author: J.H. Revere, Esquire
Those of us at Kalbaugh, Pfund and Messersmith practice every day in the various Courts of this Commonwealth of Virginia, but many of the people we work with do not have the luxury of focusing on a single jurisdiction. The following outline is a very general and simple outline of Virginia’s Court System, that will hopefully help anyone understand where a particular case sits within Virginia’s Court framework. If you have any more detailed questions please do not hesitate to contact any one of KPM’s civil litigation attorneys. We have attorneys admitted to practice in all of these Courts as well as Courts in North Carolina, West Virginia, Maryland and the District of Columbia.
As a preliminary matter, Virginia has thirty-one (31) judicial districts comprised of ninety-five (95) counties and thirty-eight (38) independent cities, each with their own court system.
For purposes of brevity we will not address Magistrates (who handle only criminal issues), Juvenile and Domestic Relations Courts (divorce, child custody, juvenile crime), or the Virginia Workers Compensation Commission (administrative courts).
GENERAL DISTRICT COURT
The General District Court is the lowest level civil Court in Virginia. They are considered a Court not “of record”. Virginia’s General District Courts have exclusive jurisdiction over matters of less than $4500.00 and concurrent or joint jurisdiction with the Circuit Courts for matters up to $25,000.00 (exclusive of interest). The General District Court has no jurisdiction over matters worth more than $25,000.00 and these matters must be filed in another Court (e.g. Circuit Court). Suits may be filed as a Complaint like in Circuit Court or as a Warrant in Debt (form). Appeals from the General District Court are “de novo”; that is to say when appealed they are restarted in the Circuit Court as if they had been filed there originally.
Trial in General District Court is always for a Judge and juries are not allowed. The Judge hears the entire case and rules on the evidence (both admissibility and credibility), and decides both liability and damages. While the rules of evidence are in play, there are a number of rules and statutes that permit evidence to come in via affidavit rather than live testimony (e.g. medical bills and records; damages to a motor vehicle). There is no discovery permitted in General District Court except the issuance of the subpoena duces tecum.
As a general rule, the Judges of the General District Court tend to be far more consistent, from venue to venue with regard to damages awards than are juries in the Circuit Courts, and they typically tend to be more moderate in their awards. However, they also seem to be somewhat less likely than juries to render defense verdicts on liability.
There is no discovery in General District Court other than subpoenas duces tecum to obtain documents. No interrogatories, depositions, etc. are permitted.
CIRCUIT COURT
Circuit Court is the principle venue where civil cases are filed and prosecuted in the Commonwealth of Virginia. They have exclusive jurisdiction of all civil matters above $25,000.00 with the exception that they may have concurrent jurisdiction with one or more of the United States District Courts (e.g. diversity jurisdiction, or case including a Federal question). There is no upper limit on the value of the case as there is in General District Court. Either party may request a jury, but the parties must agree if the Judge is going to decide all the issues (bench trial). All forms of discovery are permitted (e.g. Interrogatories, Requests for Production of Documents and Things, Depositions, etc.). Trial is generally by a jury of seven (7) people drawn from the district, the exception being appeals from General District Court where the jury consists of five (5) citizens (petit jury). The Judge is charged with ruling on matters of law while it is the Jury’s province to decide the facts and apply those facts to the law as instructed by the Judge to reach a verdict. There is no appeal of right to the Supreme Court of Virginia. A party may as a matter of right seek a writ from the Supreme Court of Virginia by filing a Petition for Appeal.
COURT OF APPEALS OF VIRGINIA
Simply stated the Court of Appeals of Virginia does not hear any civil cases in the Commonwealth of Virginia. It has jurisdiction over domestic relations matters, traffic cases, criminal cases, appeals from administrative agencies, and decisions of the Virginia Workers’ Compensation Commission.
SUPREME COURT OF VIRGINIA
The Supreme Court of Virginia is Virginia’s highest Court and is described as a Court of last resort. It has jurisdiction over all appeals from the Circuit Courts, but its decision to take a case is purely discretionary. The party aggrieved in the Circuit Court must file a Petition for Appeal. Thereafter, at its discretion, the Supreme Court may issue a writ and elect to hear the Appeal. Historically the Supreme Court of Virginia only grants a writ in about one (1) out of five (5) instances. The Supreme Court of Virginia reviews cases for reversible error only and it will not substitute its judgment for that of the jury.
UNITED STATES DISTRICT COURTS (EASTERN AND WESTERN DIVISIONS)
The US District Courts are the primary trial level Courts of the Federal government. They have jurisdiction over civil cases principally in two (2) ways: (1) Federal question or (2) diversity jurisdiction. Any case involving a Federal statute or issue may be filed originally in or removed by the defendant to the appropriate division of the US District Court for Virginia. In the alternative, a case may be filed or removed to the appropriate US District Court if diversity jurisdiction exists. Diversity jurisdiction is a topic all to itself but in its simplest form allows for proceedings in the Federal trial Court if all plaintiffs are of a differing state of residency than all defendants (e.g. Virginia plaintiff and Maryland defendant) and the matter in controversy exceeds $75,000.00.
FOURTH CIRCUIT COURT OF APPEALS
The Fourth Circuit Court of Appeals is the Federal intermediate appellate Court (i.e. above the US. District Court but below the US Supreme Court). Appeal to the Fourth Circuit is a matter of right following a dispositive finding of a District Court in either the Eastern or Western District of Virginia.