What are the three types of courts in Virginia?
- General district court
- JDR - family and juvenile
- Circuit court
Each court serves different functions and has varying jurisdictions.
What is the exclusive jurisdiction monetary limit for the General District Court?
$4,500
Claims for money up to and including $4,500 fall under the exclusive jurisdiction of the General District Court.
What is the upper limit of the General District Court’s power?
$50K
The General District Court handles claims up to $50,000.
For claims between $4,501 and $50K, what type of jurisdiction exists?
Concurrent jurisdiction
Both General District Court and Circuit Court can hear these claims.
What type of jurisdiction does the Circuit Court have over claims over $50K?
Exclusive jurisdiction
Only the Circuit Court can handle claims exceeding $50,000.
What family matters does the JDR Court cover?
- Child custody
- Visitation
- Child support
- Spousal support
The JDR Court does not cover divorce or adoption.
What happens to custody and child support orders once a divorce is filed in Circuit Court?
Divestment rule
The Circuit Court takes over all issues from the JDR once a divorce is filed.
What is the monetary limit for the General District Court?
$0-50K
This court handles money claims and evictions.
What type of cases does the Circuit Court handle?
- Divorce
- Real property
- Claims over $50K
- Wills and estates
- Injunctions
The Circuit Court has exclusive jurisdiction over these matters.
What is the long arm statute?
Provides jurisdiction over non-resident tortfeasors
It applies if they caused tortious injury in Virginia or have sufficient contacts with the state.
What are the requirements for establishing personal jurisdiction under the long arm statute?
- Caused tortious injury in the Commonwealth
- Regularly does business in the Commonwealth
- Engages in persistent conduct here
- Uses a computer network in Virginia
A single transaction can satisfy the long arm statute.
True or false: Venue is jurisdictional in Virginia.
FALSE
A case will not be dismissed for wrong venue; it can be transferred.
What is the time frame for a defendant to file an objection to venue?
Within 21 days of service of process
The objection must state where the defendant believes venue is proper.
Who can serve process in Virginia?
- Sheriff
- Authorized person 18+, uninterested
Individuals must be served at their usual place of abode or through substituted service.
What is a nonsuit?
Voluntary withdrawal/dismissal of a lawsuit
A party can refile the same claims a second time if done timely.
What is the general rule regarding attorney’s fees in Virginia?
Each side pays its own fees
Courts have discretion to award fees in cases of fraud.
What is the 30-day deadline related to civil appeals in Virginia?
File a notice of appeal within 30 days from the entry of the final order
This applies to personal injury suits and other civil matters.
What must be done to perfect an appeal of a personal injury suit from Circuit Court?
- File a notice of appeal
- Post a bond for costs
- File transcript or statement of incidents
These steps must be completed within specified time frames.
What is a demurrer?
Challenges legal sufficiency of the complaint
It determines whether a cause of action has been stated.
What is the standard of review for a demurrer?
Taking the facts alleged as true
The review is conducted in the light most favorable to the plaintiff.
What is the effect of a judgment of default?
Losing party cannot offer proof on liability
They may participate in a trial to determine damages.
What is the ends of justice exception?
Allows consideration of unpreserved errors on appeal
This exception is rarely applied in low stakes civil litigation.
