subject matter jurisdiction

Question 1

how to satisfy SMJ in VA in general

Answer 1

Virginia has two trial courts, so the case must be brought int he correct court in order to satisfy subject matter jurisdiction

Question 2

Types of claims GDC can hear IN GENERAL

Answer 2

at law claims

no jury trials

(less formal, no pleadings,)

no injunctive relief unless for enforcing VA FOIA statute

Question 3

jurisdiction of small claims court

Answer 3

claims up to $5,000

Question 4

actions that GDC may hear

Answer 4

[attorneys fees not included in amount in controversy]

[filing fees, costs, attachments ARE included]

IN GENERAL
– at law claims $0 - $25,000
– exclusive jurisdiction of $4,500 and under for monetary recovery and recovery of specific personal property

(1) actions at law in contract $25k or less

(2) actions in detinue for $25k or less [recovery of specific personal property]

(3) actions for injury to the person for $50k or less
[any theory, not limited to tort]
[including VTCA and wrongful death]

(4) actions for injury to property $25,000 or less

(5) attachment cases for personal property for $25k or less

(6) interpleader cases if real or personal property is worth $25k or less

(7) interpleader cases for ANY amount for litigation over earnest money deposit in land sales contract

(8) distress warrants (rent due) for ANY amount

(9) unlawful detainer/ouster for ANY amount

(10) equitable relief for Virginia FOIA statute

Question 5

actions that circuit court may hear

Answer 5

IN GENERAL – any civil action, but at law claims must be $4,500 +

NOTE concurrent jurisdiction with GDC for actions $4,500-$25,000

includes real property actions (including attachment), equitable cases like injunction

EXCLUDES:
attorneys fees
monetary claims for $4,500 or less
personal property actions for $4,500 or less

Question 6

what is detinue

Answer 6

recover of specific personal property or money