Introduction
Two weeks ago, I began a four part series covering the basics of trying civil cases in each of Virginia's three trial courts. In that post, I provided a basic introduction to the three courts and a basic breakdown of what kinds of cases they hear. Last week, I covered trying civil cases in the Juvenile and Domestic Relations District Court. Today, I will cover trying cases in the General District Court, or GDC.
Differences from County to County
Like the J&DR Court, there are some procedural differences between counties. Those differences, however, are relatively minor compared to the differences you encounter in J&DR. As a result, while I will again focus on the procedures in Fairfax County, this time you can be fairly confident that your court's procedures will be similar, if not identical.
Typical Case
Again, like the J&DR Court, different kinds of General District Court cases have different procedures. As a result, this post will talk about a "typical" case for the most part, and then have a section at the end discussing some "atypical" cases.
In GDC, I would consider a "typical" case to be a regular lawsuit for money.
Step 1: File your Warrant
Ok, if you thought a "petition" was odd in J&DR, what on earth is a "warrant" doing in civil court? Well, despite how common culture treats the word "warrant" all that the term "warrant" actually means is "authorization." So, a "search warrant" is authorization to conduct a search, and an "arrest warrant" is an authorization to arrest someone. In civil law, you can file a "warrant in debt" which authorizes the court to summon an alleged debtor to court to answer your charge that he or she owes you money.
Now, "warrant in debt" is a very old term that is basically used nowhere except in Virginia. Even in Virginia, it is really only used in General District Court. The reason for this is that lawsuits are almost always initiated by what is called a "Complaint" nowadays, but in the GDC, a warrant in debt is still standard due to the forms put out by the Commonwealth.
The GDC often calls itself a "form-based" court. This is because the Virginia Courts have put out a whole series of "forms" that are basically just fill in the blank forms for just about every type of case the GDC has power over. If there's not a form for it, you probably can't do it in GDC. Their form for initiating a lawsuit, then, remains as it has been for decades - a "warrant in debt." So, the result is you still typically file a warrant in debt in GDC.
So, to find the warrant in debt form to fill out, you can go here, scroll down to the warrant in debt form, and fill it out with the correct information about your case. You will also want to complete a servicemember affidavit (form DC-418), though you need to sign that form in front of a notary or the clerk of the court.
After your paperwork is complete, take your forms and your filing fee (fee varies by county) and service fee and go to your local GDC civil division to file.
Step 2: Set your Return Date
The next step will be to set your return date. In some counties, you choose this date from a list of available dates you can get from the court. In others, the court chooses it for you. This is the date that you first have to appear in court. Note that, unless the clerk tells you otherwise, your return date is not the trial date.
Step 3: Appear at Return Date
Next you will appear at the return date. If the other side does not show up at the return date, you filed the servicemember affidavit when you filed your warrant in debt, and the other side was properly served with the warrant in debt, you can get a default judgment. You can present what is called ex parte proof, where you explain to the judge why you are entitled to what you are entitled to, and if the judge agrees, you will get judgment right then and there.
If the other side does show up, they can either confess judgment (in which case you win), or they can deny that they owe what you say they do, and a trial date will then be set.
Also, either party has the right to request "pleadings." These would be a Bill of Particulars, for the plaintiff to lay out the details of their case, and an Answer and Grounds of Defense, for the defendant to lay out their defense.
Step 4: Complete Pleadings
If pleadings are ordered, it is critical that you do them, and get them filed and served on time. Failure to do this will result in you losing your case.
Step 5: Preparing for Trial
There will usually be a good bit of time between your return date and your trial. Use that time to prepare your pleadings, interview and prepare witnesses, and, if necessary, subpoena documents from the other side to be prepared for what they might present.
Step 6: Trial
A trial in GDC is much like a trial in any other case. The rules of evidence, basic rules of procedure, etc. are all the same. The plaintiff goes first, then the defendant, then the plaintiff gets a chance at a rebuttal. At the end, the judge will rule, and will enter the judgment right then and there (since there's a blank form for them to do that, usually already in the file).
Step 7: Post-Trial
Remember, you have the right to appeal any GDC ruling to the Circuit Court for a whole new trial, as long as there is at least a $50 difference between your desired result and the result you actually obtained. To take advantage of this right, you must file your Notice of Appeal in GDC within 10 days from the date of judgment, and you must pay your appeal bond within 30 days of the date of judgment.
Some "atypical" cases
As I mentioned above, not all cases follow the above-listed process. Below I've summarized some important to know cases that do not follow these exact procedures:
- Evictions: Evictions (also known as "unlawful detainers") have some important differences. First, many courts only hear evictions on a certain day of the week (Fridays in Fairfax County). Second, while the return day for a warrant in debt is usually required to be around 30 days after the date of filing, the return day for an unlawful detainer is usually required to be 15-21 days after the date of filing. Third, there are usually months between the return day and trial for a warrant in debt, but for an unlawful detainer, it's usually 2-3 weeks. Finally, if you are the defendant in an unlawful detainer, an appeal requires you to pay your appeal bond at the same time as you file your notice of appeal (so, within 10 days).
- Small Claims Division: Cases in the small claims division of GDC have some pretty major differences. First, there are no attorneys in small claims. If either side gets an attorney, the case is kicked out to the main GDC. Second, there is no return day - the first day you come to court is the trial date. Third, there is no option for "pleadings" in small claims. Finally, the rules of procedure at trial for small claims court are usually much more informal.
- Protective Orders: Since 2012, the GDC has had jurisdiction over protective order cases between people not considered "family members" under the Virginia Code's expanded definition of the term. The procedures for a protective order in GDC are much the same as in J&DR - ex parte appearance in front of a judge to get a preliminary protective order, then a relatively short hearing within 15 days on the issue of a final protective order. For more on protective orders, you can view my post on the topic.
Practice in the General District Court can be full of pitfalls, and if you have a savvy opponent, you can fall prey to tricks pretty easily. It is always best, in my opinion, to proceed with an attorney. If you have a case coming up or that you would like to file in GDC, please feel free to call (703)281-0134, or e-mail me at SLeven@thebaldwinlawfirm.com to set up a consultation. Our initial consultations are free for up to half an hour!
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