Virginia Civil Procedure
Encyclopedia
Virginia civil procedure is the body of law that sets out the rules and standards that Virginia courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters).
, the Court of Appeals of Virginia
, the Virginia Circuit Court
, and the Virginia General District Court. In addition, magistrates serve as judicial officers with authority to issue various types of processes.
, where personal jurisdiction lies in multiple districts, the appropriate venue for the case to be heard is set forth by Virginia statutes, which divides possible venues as "Category A" (preferred) and "Category B" (permissible), and requires that Category B venue may only be used where no Category A venue is available. For example, in a dispute over the ownership of land, Category A venue lies where the land is located. Category B venue generally lies where the defendant resides or has a registered office or registered agent, or where some part of the action arose. If there are multiple parties, and any party requires Category A venue, then that venue will suffice for all parties; and if no party requires Category A venue, then any place where Category B venue lies as to one party will suffice as to all parties. In any case, if venue is inappropriate, then the failure to object to venue must be made within 21 days of service of process, and such objection must state why venue is improper, and where proper venue lies.
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The Virginia Court System
The Virginia court consists of four levels of courts: the Supreme Court of VirginiaSupreme Court of Virginia
The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears appeals from the trial-level city and county Circuit Courts, as well as the criminal law, family law and administrative law cases that go through the Court of Appeals of Virginia. It is one of...
, the Court of Appeals of Virginia
Court of Appeals of Virginia
The Court of Appeals of Virginia, established January 1, 1985, is an eleven-judge body that hears appeals from decisions of Virginia's circuit courts and the Virginia Workers' Compensation Commission. The Court sits in panels of at least three judges, and sometimes hears cases en banc...
, the Virginia Circuit Court
Virginia Circuit Court
The Virginia Circuit Courts are the state trial courts of general jurisdiction in the Commonwealth of Virginia. The Circuit Courts have jurisdiction to hear civil and criminal cases. For civil cases, the courts has authority to try cases with an amount in controversy of more than $4,500 and has...
, and the Virginia General District Court. In addition, magistrates serve as judicial officers with authority to issue various types of processes.
Personal Jurisdiction in Virginia
For a court in Virginia to have personal jurisdiction over a defendant, Virginia statutory requirements must be met and federal Constitutional limits must be complied with.Virginia statutory requirements for personal jurisdiction
Virginia statutes allow for in personam jurisdiction over defendants who (1) reside in Virginia, (2) are served with process in Virginia, or (3) whose acts trigger Virginia's Long Arm Statute.Constitutional limits on personal jurisdiction
See Constitutional limits on personal jurisdiction.Subject Matter Jurisdiction in Virginia
For a court in Virginia to have personal jurisdiction over a defendant, Virginia statutory requirements must be met and federal Constitutional limits must be complied with.Virginia General District Court
See Jurisdiction of Virginia General District Courts.Virginia Circuit Court
See Jurisdiction of Virginia Circuit Courts.Court of Appeals of Virginia
See Jurisdiction of the Virginia Supreme Court.Supreme Court of Virginia
See Jurisdiction of the Virginia Supreme Court.Venue in Virginia
In terms of venueVenue (law)
Venue is the location where a case is heard. In the United States, the venue is either a county or a district or division . Venue deals with locality of a lawsuit--that is, in which locale a lawsuit may be filed or commenced...
, where personal jurisdiction lies in multiple districts, the appropriate venue for the case to be heard is set forth by Virginia statutes, which divides possible venues as "Category A" (preferred) and "Category B" (permissible), and requires that Category B venue may only be used where no Category A venue is available. For example, in a dispute over the ownership of land, Category A venue lies where the land is located. Category B venue generally lies where the defendant resides or has a registered office or registered agent, or where some part of the action arose. If there are multiple parties, and any party requires Category A venue, then that venue will suffice for all parties; and if no party requires Category A venue, then any place where Category B venue lies as to one party will suffice as to all parties. In any case, if venue is inappropriate, then the failure to object to venue must be made within 21 days of service of process, and such objection must state why venue is improper, and where proper venue lies.
Alternative Dispute Resolution in Virginia
Several kinds of alternative dispute resolution mechanisms are available in Virginia, including what is known as a "summary jury trial" . Virginia has enacted a form of the Uniform Arbitration ActUniform Arbitration Act
The Uniform Arbitration Act is one of the uniform acts that attempt to harmonize the law in force in the fifty U.S. states.The "Uniform Arbitration Act", is a statute that was adopted by Congress in 2000 and requires states to adopt their own version of it....
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Default
If a defendant fails to file a responsive pleading within 21 days from service or after decision on preliminary motions, the defendant will be deemed to be "in default." That defendant is also deemed to have waived his right to a jury trial. In order for a plaintiff to obtain a default judgment, she must apply to the trial court for entry of such a judgment. Whether a hearing on damages is subsequently held depends largely on whether damages are liquidated or unliquidated. If the defendant learns of the hearing before it is held, he may attend, object to a plaintiff's evidence, cross-examine plaintiff's witnesses, offer evidence on damages, participate in jury selection (if applicable), submit jury instructions on damages, and make oral arguments on damages .See also
- Courts of VirginiaCourts of VirginiaCourts of Virginia include:State courts of Virginia*Supreme Court of Virginia**Court of Appeals of Virginia***Virginia Circuit Court ****Virginia General District Court...
- Virginia General District Court
- Virginia Circuit CourtVirginia Circuit CourtThe Virginia Circuit Courts are the state trial courts of general jurisdiction in the Commonwealth of Virginia. The Circuit Courts have jurisdiction to hear civil and criminal cases. For civil cases, the courts has authority to try cases with an amount in controversy of more than $4,500 and has...
- Court of Appeals of VirginiaCourt of Appeals of VirginiaThe Court of Appeals of Virginia, established January 1, 1985, is an eleven-judge body that hears appeals from decisions of Virginia's circuit courts and the Virginia Workers' Compensation Commission. The Court sits in panels of at least three judges, and sometimes hears cases en banc...
- Supreme Court of VirginiaSupreme Court of VirginiaThe Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears appeals from the trial-level city and county Circuit Courts, as well as the criminal law, family law and administrative law cases that go through the Court of Appeals of Virginia. It is one of...