Also, attorneys should make sure to file as many copies of the pleading as there are defendants to be served. Attorneys should check with each general district court clerk’s office for specific fees regarding filing and service. The fees vary from court to court but are generally comparable. The filing fee in general district court is much less expensive than those incurred in circuit court. It is also easier for the Judge as the warrant provides a section to make the award and enter judgment. Of course, one can also file a typical motion for judgment 11 if the particular facts require a more detailed method of pleading, but the Warrant in Debt is usually much more streamlined. 10 The Warrant in Debt is an easy form to obtain (online at or from a local clerk’s office) and to “fill in the blanks”. Most civil actions in a general district court are brought by a Warrant in Debt. Once the client has selected the general district court path … it is time to prepare a Warrant in Debt. Specifically, attorneys should make sure clients are aware of not only the general district court’s jurisdictional limit of $25,000.00, but also the right of either party to appeal. It is also important to keep in mind that most courts also have local rules, 9 so attorneys should check with the local clerk’s office where they intend to file.īefore filing in general district court, attorneys should make sure the client is aware of all the differences between general district court and circuit court before making the final decision of where to file. 8 The rules are fairly short, straightforward and attorneys should familiarize themselves with these rules prior to filing suit. Part 7A of the Rules of the Supreme Court of Virginia applies to all proceedings in general district court. 6 However, attorneys are not allowed to represent clients in small claims court. 5 General district court also has concurrent jurisdiction with small claims court when the amount claimed does not exceed $5,000.00, exclusive of interest. 4 General district courts and circuit courts share concurrent jurisdiction of claims between $4,500.00 and $25,000.00. 3 The court has original exclusive jurisdiction of claims up to $4,500.00. The maximum limit for an ad damnum in a personal injury claim, exclusive of interest, is $25,000.00. Virginia Code §16.1-77 sets forth the jurisdictional limits of general district court. The Jurisdiction and Rules of General District Court This article is designed to give the personal injury trial lawyer a brief overview of general district court, the process and the many advantages it has to offer. It allows these cases to be conducted in a forum that is less expensive… faster… and less risky than circuit court. General district court is a helpful alternative. Under the old jurisdictional limit, one may have had cases that were worth slightly more than $15,000.00, but it did not make sense to file suit in circuit court given the time and expense factors associated with that venue. 2īoth changes eliminated a lot of plaintiff’s attorneys’ anxiety with respect to where to file suit on the smaller valued personal injury case… especially those cases involving soft tissue injuries and minimal property damage. 1 The second significant change came in 2011 when the jurisdictional limit of the general district court was increased from $15,000.00 to $25,000.00. That statute was repealed in 2007 and removal was abolished. In “the old days”, defense lawyers routinely relied on Virginia Code §16.1-92 to remove cases to circuit court where the amount sued for was greater than $4,500.00. The first significant change was the repeal of the removal statute. Trying personal injury cases in the general district court has become more attractive and fun over the past five years thanks to two significant changes fought for by the Virginia Trial Lawyers Association.
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