Subject Matter Jurisdiction Flashcards
How many trial courts are there in VA and what are they called?
There are two–(1) General District Court and (2) Circuit Court
Describe the SMJ of Circuit Courts
- General SMJ and can hear any civil action except those for which exclusive jurisdiction is vested in another court
- Main exception is for actions for monetary claims or claims to specific personal property of $4,500 or less, which go to GDC
Where does GDC get SMJ power from and for what types of actions?
From statute, and they only hear claims at law and not at equity
How does the procedure in GDC compare to Circuit Courts?
Much less formal
* Courts “not of record”
* Cannot grant injunctive relief
* No formal pleadings or discovery
* No right to a jury
What are the amounts in controversy requirements for GDC contract or detinue actions?
- May hear actions at law in contract actions or actions in detinue only if the amount in controversy is $25,000 or less (if between $4,500 and $25,000, jx concurrent with Circuit Court)
What is the amount in controversy requirements for torts in GDC?
If the action involves injury to person, regardless of theory, can hear cases if amount claimed does not exceed $50,000
* If tort doesn’t involve injury to a person, $25,000 limit
May the GDC hear attachment cases?
Yes, but only for personal and not real property (and $25k limit)
May the GDC hear interpleader cases?
Yes if real or personal property is worth $25,000 or less, but cannot grant injunctive relief
* May hear interpleader in any amount if dispute involves earnest money deposit in land sales contract
May GDC hear distress or unlawful entry/detainer cases?
Yes, and there IS NO AMOUNT IN CONTROVERSY CAP
In what cases does GDC have exclusive jurisdiction
Cases for monetary recovery or specific personal property of $4,500 or less
What is the effect of interest or attorneys’ fees in determing amount in controversy?
These are not included
When must the GDC transfer to Circuit Court or vice-versa?
When P amends her complaint to seek an amount not permitted by that court (e.g., amends to seek more than $25,000)
* Motion to amend and transfer must be made 10 or more days before trial unless good cause shown
* P pays filing fees and other fees to clerk of the court to which transferred
When may a party appeal from GDC to Circuit Court?
Absolute right if the “amount involved” is more than $20 (i.e., the party “aggrieved” by more than $20 can appeal)
What are the steps for appealing to circuit court?
(1) Party files written notice of appeal with clerk of GDC within 10 days of judgment
(2) Appealing party posts a bond and pays writ tax in GDC within 30 days of judgemnt
* 10 days if unlawful detainer
NOTE that seeking rehearing at GDC does not increase these time requirements
What is the standard of review when appealed from GDC to Circuit Court?
De novo–court “not of record”
