Code of Virginia - Title 16.1 Courts Not Of Record - Chapter 6 Venue, Jurisdiction And Procedure In Civil Matters

16.1-76 Venue
In all civil actions over which the general district courts have jurisdiction pursuant to § 16.1-77, venue shall be determined in accordance with the provisions ...
16.1-77 (Effective until July 1, 2009) Civil jurisdiction of general district courts
Except as provided in Article 5 (§ 16.1-122.1 et seq.) of this chapter, each general district court shall have, within the limits of the territory ...
16.1-77.1 When general district court may give judgment on forthcoming bond
A general district court may, on motion, after 10 days' notice of the time and place thereof, give judgment on any forthcoming bond taken by ...
16.1-77.2 Jurisdiction of partition of personal property and proceedings therefor
Every general district court shall have jurisdiction of proceedings for partition of personal property, within the limits as to value and in accordance with the ...
16.1-78 Judgment by confession not affected
None of the provisions of § 16.1-77 shall affect the right of any person to obtain judgment by confession in any court of record having ...
16.1-79 Actions brought on warrant
A civil action in a general district court may be brought by warrant directed to the sheriff or to any other person authorized to serve ...
16.1-80 Service of warrant and return thereof
The officer issuing a warrant shall deliver to the officer to whom it is directed, or to the plaintiff, for service, one or more original ...
16.1-81 Actions brought by motion for judgment
A civil action in a general district court may be brought by motion for judgment. Such motion shall be in writing, signed by the plaintiff ...
16.1-82 Service of motion; return thereon and delivery to the court; how disposed of
The plaintiff shall file with the clerk of the court an original motion for judgment and as many copies as there are defendants upon whom ...
16.1-83 Consent of parties required for trial within five days of service
No trial of a warrant or motion for judgment under this title may be had within five days after service thereof except with the consent ...
16.1-83.1 Certification of expert witness opinion at time of service of process
Every warrant in debt, counter claim, or third party claim in a medical malpractice action, at the time the plaintiff requests service of process upon ...
16.1-84 When action or proceeding not lost; when matured for hearing
In the event the return day of any civil action or other proceeding is a day on which the court does not sit, such action ...
16.1-85 What term "warrant" to include
Whenever the word "warrant" is used in any section of the Code or act of assembly relating to civil proceedings, it shall, unless the context ...
16.1-86 When action deemed brought
A civil action on a warrant in a district court shall be deemed brought when the memorandum required by § 8.01-290 is filed with the ...
16.1-86.1 Description unavailable
Repealed by Acts 1990, c. 109. ...
16.1-87 Description unavailable
Repealed by Acts 1983, c. 499. ...
16.1-88 Procedure when plaintiff sues on sworn claim
If a civil action in a general district court is upon a contract, express or implied, for the payment of money, or unlawful detainer pursuant ...
16.1-88.01 Counterclaims
In any proceeding before any general district court a defendant may, at his option, at any time before trial, plead in writing as a counterclaim, ...
16.1-88.02 Cross-claims
Subject to the jurisdictional limitations prescribed by law, in any proceeding before a general district court a defendant may, at his option, at any time ...
16.1-88.03 Pleadings and other papers by certain parties not represented by attorneys
A. Any corporation, partnership, limited liability company, limited partnership, professional corporation, professional limited liability company, registered limited liability partnership, registered limited liability limited partnership or ...
16.1-88.1 Description unavailable
Repealed by Acts 1980, c. 183. ...
16.1-88.2 Evidence of medical reports or records; testimony of health care provider or custodian of record...
In a civil suit tried in a general district court or appealed to the circuit court by any defendant to recover damages for personal injuries ...
16.1-89 Subpoena duces tecum; attorney-issued subpoena duces tecum
A judge or clerk of a district court may issue a subpoena duces tecum pursuant to the terms of Rule 4:9 of the Rules of ...
16.1-90 Recognizance upon continuation of case
Judges of courts not of record may, upon the continuance of any case, require the witnesses or any of them, to enter into recognizance in ...
16.1-91 Description unavailable
Repealed by Acts 1984, c. 25. ...
16.1-91.1 Costs to be included in judgment on forthcoming bond
The judge of a general district court, on giving judgment on a forthcoming bond, shall include in the costs of the judgment the clerk's fee ...
16.1-91.2 Judge to keep record of judgment on forthcoming bond; how to endorse execution
The judge of the general district court, rendering a judgment under the provisions of Chapter 19 (§ 8.01-526 et seq.) of Title 8.01, shall keep ...
16.1-92 Description unavailable
Repealed by Acts 2007, c. 869, cl. 2. ...
16.1-93 Principles applicable to trial of cases
Every action or other proceeding in a court not of record shall be tried according to the principles of law and equity, and when the ...
16.1-93.1 Use of telephonic communication systems or electronic video and audio communication systems to cond...
Notwithstanding any other provision of law, in any proceeding under this chapter in which a party or witness is incarcerated or when otherwise authorized by ...
16.1-94 Judgment to be noted on papers; formal orders may be entered
Whenever a judgment is rendered in a court not of record the judgment shall be entered on the warrant, motion for judgment, counterclaim, cross-claim or ...
16.1-94.01 When and how payment or discharge entered on judgment
A. When payment or satisfaction of any judgment rendered in a court not of record is made, the judgment creditor shall by himself, or his ...
16.1-94.1 Limitations on enforcement of district court judgments
For judgments entered in a general district court on or after January 1, 1985, no execution shall be issued or action brought on such judgment, ...
16.1-95 Abstract of judgment
At any time while the papers in any case in which a judgment has been rendered by a general district court are retained by the ...
16.1-96 What abstract to contain
An abstract of a judgment rendered in a court not of record shall contain the information required by § 8.01-449 for entry in the judgment ...
16.1-97 Description unavailable
Repealed by Acts 1987, c. 98. ...
16.1-97.1 When a new trial is granted
A. No new trial may be granted from any judgment in a district court unless a motion by one of the parties is made within ...
16.1-98 Fieri facias or writ of possession on judgment
Upon a judgment being rendered in a general district court a writ of fieri facias or a writ of possession shall be issued thereon only ...
16.1-99 When and where executions returnable; to whom directed
A writ of fieri facias or a writ of possession issued from a general district court shall be made returnable within 90 days to the ...
16.1-100 Additional executions; by whom issued
Subject to the limitations prescribed in Chapter 17 (§ 8.01-426 et seq.) of Title 8.01, additional executions may be issued as provided in § 8.01-475. ...
16.1-101 Proceedings against officer failing to make or making improper return
If an officer fail to make due return of any execution issued from a court not of record, he may, on motion of the plaintiff ...
16.1-102 Officers and sureties liable for money collected after return day
If, after the return day of an execution issued on a judgment rendered by a court not of record, an officer shall collect money or ...
16.1-103 Proceedings by interrogatories
Whenever a fieri facias has been issued upon a judgment rendered in a general district court the judge or clerk of the court may issue ...
16.1-104 Description unavailable
Repealed by Acts 1983, c. 499. ...
16.1-105 Attachments
The proceedings on any attachment brought in a court not of record shall conform to the provisions of Chapter 20 (§ 8.01-533 et seq.) of ...
16.1-106 Appeals from courts not of record in civil cases
From any order entered or judgment rendered in a court not of record in a civil case in which the matter in controversy is of ...
16.1-106.1 Withdrawal of appeal in civil cases
A. A party who has appealed a final judgment or order rendered by a general district court or a juvenile and domestic relations district court ...
16.1-107 Requirements for appeal
No appeal shall be allowed unless and until the party applying for the same or someone for him shall give bond, in an amount and ...
16.1-108 Deposit of money in lieu of bond
In lieu of giving bond with surety as provided in this article, any party appealing from the judgment or order of the court may deposit ...
16.1-109 Appellate court may require new or additional security
A. The court to which the appeal is taken may on motion for good cause shown, after reasonable notice to the appellant, require the appellant ...
16.1-110 Bankruptcy of appellant does not release surety
No surety in any appeal bond given by the appellant shall be released by the appellant's being adjudicated a bankrupt at any time subsequent to ...
16.1-111 Court to which appeal sent
The party taking an appeal may, when there is more than one court having jurisdiction, direct to which of such courts the appeal shall be ...
16.1-112 All papers transmitted to appellate court; further proceedings
The judge or clerk of any court from which an appeal is taken under this article shall promptly transmit to the clerk of the appellate ...
16.1-113 How appeals tried
Every such appeal shall be tried by the court in a summary way, or, if the amount in controversy exceeds fifty dollars, by a jury ...
16.1-114 Description unavailable
Repealed by Acts 1983, c. 499. ...
16.1-114.1 Principles applicable in trial of appeals; defective or irregular warrants or motions
Actions or proceedings appealed from district courts shall be tried according to the principles of law and equity, and when the same conflict the principles ...
16.1-115 Description unavailable
Repealed by Acts 1986, c. 45. ...
16.1-116 Issuance of executions and abstracts and proceedings by interrogatories after papers returned to ci...
When a judgment has been rendered in a civil action in a general district court and the papers in the action have been returned to ...
16.1-117 When papers in civil cases in certain municipal courts may be destroyed
The clerk of any municipal court in which papers are filed and preserved under § 16.1-69.55 may destroy the files, papers and records connected with ...
16.1-118 When papers in civil cases returned to courts of record may be destroyed
The clerk of any court of record to whose office papers in civil cases in the district court have been returned for indexing and preserving ...
16.1-118.1 Destruction of papers in civil cases in certain district courts
In Henrico County or Montgomery County, the clerk of any district court in which papers are filed and preserved under § 16.1-69.55 may destroy the ...
16.1-119 Proceedings to try title to property levied on under distress or execution
When an execution on a judgment of a general district court, or a warrant of distress, is levied on property, or when a lien is ...
16.1-120 Summons in such case
If the party making such application shall make and file an affidavit that to the best of his belief such property, money or other personal ...
16.1-121 Order after hearing
After hearing the parties or such of them as may attend after being summoned, and such witnesses as may be introduced by either party, the ...
16.1-122 Appeal
If the property or money claimed in any such proceeding is more than $50 in value, an appeal of right may be had to the ...
16.1-122.1 Small claims court; designated
On or before July 1, 1999, each general district court shall establish, using existing facilities, a small claims division to be designated a small claims ...
16.1-122.2 Jurisdiction
Notwithstanding any provision of law to the contrary, the small claims court shall have jurisdiction, concurrent with that of the general district court, over the ...
16.1-122.3 Actions; how commenced; notice; continuances; pleadings
A. Actions in the small claims court shall be commenced by the filing of a small claims civil warrant by a plaintiff. B. At the ...
16.1-122.4 Representation and removal; rights of parties
A. All parties shall be represented by themselves in actions before the small claims court except as follows: 1. A corporate or partnership plaintiff or ...
16.1-122.5 Informal hearings; rules of evidence suspended
In trials before the small claims court, witnesses shall be sworn. The general district court judge shall conduct the trial in an informal manner so ...
16.1-122.6 Judgment and collection
The small claims court shall follow the procedures of the general district court in judgment and collection. (1988, c. 799.) ...
16.1-122.7 Appeals
Appeals from the small claims court shall be as in other cases from the general district court. (1988, c. 799.) ...

Last modified: April 2, 2009