by KPMLAW | Mar 22, 2016 | KPMBlog, News, Uncategorized, Updates
Defending Cases in General District Court Written by Lindsey D. Hunt Edited by Janeen B. Koch With more and more cases being filed in General District Court these days, it is worth taking a closer look at the procedural and discovery rules that govern in that court. Jurisdictional Limit/Advantages The maximum amount that may be sued for in General District Court is $25,000. Circuit Courts may hear civil cases in which the amount in controversy is over $4,500 but many less serious property damage and personal injury cases are now being filed in General District Court. Cases in General District Court are heard and decided by the judge. There are no juries in General District Court. With the limited discovery available in General District Court (as discussed further below), trying cases in General District Court is generally less expensive and less time consuming. General District Courts are “courts not of record” which means that, unlike Circuit Court, there is no automatic recording of the proceedings. However, Rule 7A:6 provides that the court may allow recording of the proceedings by a court reporter or other means. If the defense believes the plaintiff will lose in General District Court, and that it’s likely the plaintiff will appeal, it is worth considering having a court reporter present to capture the plaintiff’s testimony. This testimony could then be used if the plaintiff attempts to provide inconsistent testimony on appeal. Right to Nonsuit One of the often frustrating aspects of civil defense practice, in both General District Court and Circuit Court, is the right of nonsuit. Virginia Code Section 8.01-380 provides that a party...
