Subject Matter Jurisdiction

Question 1

What are the two trial courts in VA?

Answer 1

General district court (GDC) or Circuit Court

Question 2

What cases can circuit court hear?

Answer 2

Any EXCEPT money or property claims valued $4500 or less

Question 3

How is SMJ for GDC derived?

Answer 3

Statute

Question 4

What cases can be heard at GDC?

Answer 4

Any claims at law

No equitable claims

Question 5

Is GDC a Court of record?

Answer 5

No

Question 6

In GDC, is there formal Discovery and pleadings? Jury trials? Injunctive relief?

Answer 6

No

Question 7

What are the amounts in controversy in GDC?

Answer 7

Any contract claim at law or action in detinue $25000 or less

Question 8

Is jurisdiction of GDC exclusive for claims of $25000 or less?

Answer 8

No, jurisdiction is concurrent for claims between 4500 and 25000 with circuit court

Question 9

Can GDC ever hear injury to person cases?

Answer 9

Yes if amount claimed doesn’t exceed 50,000

Question 10

What is the claim limit for tort cases in GDC where there is not an injury to person?

Answer 10

25000 like any other claim

Question 11

Can GDC hear interpleader cases?

Answer 11

Yes if real or personal property worth 25000 or less

Question 12

When can GDC hear an interpleader in any amount, even over 25000?

Answer 12

Earnest money deposit in land sale contract

Question 13

Can GDC grant distress warrants (creditor seizure of property)?

Answer 13

Yes in any amount

Question 14

Does GDC have a process for small claims?

Answer 14

Yes GDC has a small claims court

Concurrent jurisdiction for cases not exceeding $5000

Question 15

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?

Answer 15

No it must transfer the case to the circuit court.

Question 16

What is the process to transfer between GDC and circuit court?

Answer 16

Motion to amend and transfer made 10 or more days before trial

Question 17

Does P have a right to appeal final judgment of GDC?

Answer 17

Yes, absolute right as long as the amount involved is more than $20.

Question 18

How does one appeal a judgment to circuit court?

Answer 18

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

Question 19

If a GDC judgment is appealed to the circuit court, do they use the record of the GDC?

Answer 19

No! The case is heard de novo