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Frequently Asked Questions Regarding Civil Litigation
1. What is the difference between civil and
criminal litigation?
Civil cases involve private legal controversies between two or more
parties. Criminal cases are controversies between the Commonwealth
of Virginia and persons accused of a crime.
2. What is general district court?
In the context of civil litigation, general district courts decide
cases between parties where the amount of money involved is no more
than $15,000. In fact, if the claim involves no more than $4500,
then suit can only be brought in general district court. It should
be noted that if the amount in controversy is over $4500, a defendant
may be able to remove the action to circuit court by complying with
certain requirements within the specified time.
General district courts decide all types of matters including recovery
of personal property, damages to property, breach of contract claims,
injuries to person, unlawful entry or detainer, and various types
of claims to money based on notes or other debts.
The case is initiated by the plaintiff filing a warrant in debt
or notice of motion for judgment along with payment of a fee to
the clerk. A copy is then served upon the defendant in accordance
with Virginia procedure. The case is heard on the return date which
is the date set by the clerk for trial. Judges, not juries, decide
the cases in general district court. However, a party may appeal
the decision to the circuit court within the time limit, and ask
for a trial by jury.
3. How is circuit court different from general
district court?
Circuit courts in Virginia are the trial courts of general jurisdiction.
This means that the circuit court has the authority to try a full
range of both civil and criminal controversies. In the context of
civil litigation, the circuit courts may hear disputes involving
money claims (actions at law) over $4500. (Both circuit courts and
district courts may hear disputes involving money claims between
$4500 and $15,000). And only circuit courts may hear disputes involving
money claims over $15,000.
In addition to hearing actions at law involving money damages as
specified above, circuit courts in Virginia also decide equity matters
which include such matters as divorce, wills and estates, property
disputes, injunctions and declaratory judgments. Circuit courts
also hear appeals from general district court and juvenile and domestic
relations court.
4. How is a civil action brought in circuit
court?
Civil actions are classified as either law cases (generally cases
where money damages are sought) or equity cases (generally cases
where the primary subject matter deals with something other than
money damages). To bring on a law action, the person seeking damages
(plaintiff) files a motion for judgment with the clerk of the appropriate
circuit court. The person against whom the case is brought (defendant)
must be served with process within a specified time period. The
defendant then must file his reply (grounds of defense).
In an equity matter, the party bringing the action (the complainant)
will file a bill of complaint against the respondent who must then
file an answer. In both law and equity cases, there are other pleadings
that may be filed by the defendant or respondent in reply to the
proceedings.
All of these steps are governed by the Code of Virginia (statutes
enacted by the Virginia General Assembly) and Rules of the Virginia
Supreme Court. These procedures and rules must be strictly followed
by the parties and all time limitations must be followed as well.
Once the proceedings are initiated by the plaintiff, discovery may
proceed wherein written interrogatories and depositions will take
place. It is often several months before a case is even set for
trial. Most law cases can be heard by a jury. But only under special
circumstances will a jury hear issues involved in equity cases.
If you believe you have a claim against another party, or you have
been served with process in a civil matter, it is important to contact
your attorney immediately since the litigation process involves
deadlines and procedures that must be followed to take advantage
of your rights under the law.
5. If I bring a civil action in circuit court,
can I still settle my case?
Yes. The fact is that many cases are actually settled before going
to trial. However, if you feel that you have a legitimate claim
to make against someone, it is important to seek legal advice as
soon as possible, since most claims are subject to time limitations
within which you must file your action in court or lose that right
forever.
6. What is a statute of limitation?
A statute of limitation is a time period prescribed by the legislature
within which a law action must be filed. If you fail to file your
law action within that time period, you are barred from bringing
that action regardless of its merit. These specific time limitations
are set forth in the Virginia Code and vary depending on the type
of action. For example, in Virginia, the statute of limitation for
a personal injury action such as an auto accident is two years.
Other statutes of limitation govern other types of actions. It is
important to contact your attorney as soon as you believe you have
a claim against someone to determine when that cause of action arose
and what the statute of limitation is for that claim.
7. What happens if I am served with process
in a civil action and fail to answer?
The failure to respond in accordance with Virginia rules and procedure
in either general district court or circuit court will result in
judgment being entered against you. If you fail to appear on the
return date in general district court, judgment will likely be entered
against you although you may appeal the judgment if you do so within
the time limitation. If an action is brought against you in circuit
court and you fail to file an appropriate response with the clerk
of the circuit court within the time limitation for doing so, a
default judgment can be entered against you. Thus, it is important
to contact your attorney as soon as you receive process.
Disclaimer:
Saliba &
Co. presents the information in this website as a service to our
clients, friends and the internet community at large. Although we
are lawyers and our articles describe various legal issues, the
information contained in these web pages is not legal advice. The
information presented on these pages may not be applicable to your
particular legal situation. Please consult with a lawyer before
relying on any of the advice in the pages. Our attorneys are licensed
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