Virginia Trial Court Structure Flashcards
GDC Jurisdiction
Limited. No right to a jury trial
Original Jurisdiction of GDC
Exclusive in most civil actions when the claim does not exceed $4500; concurrent with Circuit Court when claim is more than $4500 but does not exceed $25,000
CC Jurisdiction
General trial jurisdiction
Original Jurisdiction of CC
Concurrent with GDC when claim is more than $4500 but does not exceed $25,000; exclusive over amounts sued in excess of $25,000
How are jurisdictional amounts calculated?
Amounts are calculated excluding any claim for costs, attorney’s fees, and interest.
Specific Jurisdiction Rule - Partition
partition actions involving personal property can be heard by GDC when the value does not exceed $25,000
Specific jurisdiction rule - unlawful detainer
no max dollar jurisdictional limit for the GDC
Juvenile and Domestic Relations District Courts jurisdiction
these alternate courts have civil jurisdiction over their matters
What is the right of appeal from GDC?
The losing party has a right to appeal from any final judgment from GDC. Absolute right
What is the process for appealing from GDC?
-appealing party must note the appeal from the GDC in writing within 10 days after entry of the judgment or order; and
-all required court costs and bonds must be paid within 30 days of the date of judgment
What is the standard of review for appeals from GDC to CC?
De novo, treated as a new trial
In what circumstances can the plaintiff amend the dollar amount to above 25k if the case is appealed to CC?
If the defendant appeals (if plaintiff appeals, he cannot seek an amount in excess of the cap)
What are law based actions?
Seeking money damages
What are equity based actions?
seeking other forms of remedies to make the damaged party whole
What equitable power does GDC have?
little to no equitable power
