Subject Matter Jurisdiction Flashcards
What are the two trial courts in VA?
General district court (GDC) or Circuit Court
What cases can circuit court hear?
Any EXCEPT money or property claims valued $4500 or less
How is SMJ for GDC derived?
Statute
What cases can be heard at GDC?
Any claims at law
No equitable claims
Is GDC a Court of record?
No
In GDC, is there formal Discovery and pleadings? Jury trials? Injunctive relief?
No
What are the amounts in controversy in GDC?
Any contract claim at law or action in detinue $25000 or less
Is jurisdiction of GDC exclusive for claims of $25000 or less?
No, jurisdiction is concurrent for claims between 4500 and 25000 with circuit court
Can GDC ever hear injury to person cases?
Yes if amount claimed doesn’t exceed 50,000
What is the claim limit for tort cases in GDC where there is not an injury to person?
25000 like any other claim
Can GDC hear interpleader cases?
Yes if real or personal property worth 25000 or less
When can GDC hear an interpleader in any amount, even over 25000?
Earnest money deposit in land sale contract
Can GDC grant distress warrants (creditor seizure of property)?
Yes in any amount
Does GDC have a process for small claims?
Yes GDC has a small claims court
Concurrent jurisdiction for cases not exceeding $5000
If a plaintiff filed a claim for damages of $20000 in GDC and then amends the complaint to $26000. Does the GDC have to dismiss the case?
No it must transfer the case to the circuit court.
What is the process to transfer between GDC and circuit court?
Motion to amend and transfer made 10 or more days before trial
Does P have a right to appeal final judgment of GDC?
Yes, absolute right as long as the amount involved is more than $20.
How does one appeal a judgment to circuit court?
File written notice of appeal with clerk of GDC within 10 days of judgment
Appealing party posts bond/pays writ tax in GDC within 30 days of judgment
If a GDC judgment is appealed to the circuit court, do they use the record of the GDC?
No! The case is heard de novo
