![]() ![]() This section provides that parties “may present evidence as to the extent, nature, and treatment of the injury, the examination of the person so injured, and the costs of such treatment and examination” through reports, records, and bills, rather than live testimony of treating physicians, so long as certain requirements are met. Trying personal injury cases in General District Court was made easier and less expensive with the enactment of Virginia Code Section 16.1-882. Introduction of Medical Records and Bills by Affidavit By requesting a Bill of Particulars, the defense can obtain a more detailed statement of the facts alleged by the plaintiff that form the basis of his or her claim. ![]() The Warrant in Debt often provides little more than the general theory, for example “personal injuries from a car accident,” and, possibly the date of the accident. This form document is filed by the plaintiff and served on the defendant. Rule 7B:2 of the Supreme Court of Virginia provides that the judge may “require the plaintiff to file and serve a written bill of particulars.” Often, cases in General District Court begin with the filing of a Warrant in Debt. Two important mechanisms for obtaining additional information about a case that are available, and in many cases, should be utilized, are the Bill of Particulars and Grounds of Defense. However, subpoenas duces tecum – requiring production of documents – can be issued by either party in a civil case. Unlike discovery in Circuit Court, there are no written interrogatories, requests for production of documents, requests for admission, or depositions at the General District Court level. This means that in the majority of cases, a plaintiff who nonsuited in General District Court, must refile in the same General District Court.ĭiscovery is very limited in General District Court. If the plaintiff chooses to refile the case after nonsuiting, the plaintiff must refile in the same court in which the nonsuit was taken, unless that court was without jurisdiction, not a proper venue, if “other good cause is shown for proceeding in another court,” or if the new case is instituted in a federal court. ![]() Although it can be a frustrating part of practice in General District Court, when a case is nonsuited, there’s always a possibility that the plaintiff will not refile, or will miss the applicable deadline for refiling resulting in dismissal of the case. However, the plaintiff may not nonsuit the case in General District Court after a motion to strike has been granted or after the case has been submitted to the judge for a decision. The plaintiff may nonsuit nearly at any time, regardless of the amount of time, money, or effort that has been expended defending the suit. A nonsuit is a voluntary dismissal or withdrawal of the case. ![]() Virginia Code Section 8.01-380 provides that a party who has filed suit has an absolute right to one nonsuit. One of the often frustrating aspects of civil defense practice, in both General District Court and Circuit Court, is the right of nonsuit. This testimony could then be used if the plaintiff attempts to provide inconsistent testimony on appeal. 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. However, Rule 7A:6 provides that the court may allow recording of the proceedings by a court reporter or other means. General District Courts are “courts not of record” which means that, unlike Circuit Court, there is no automatic recording of the proceedings. 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. There are no juries in General District Court. Cases in General District Court are heard and decided by the judge. 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. The maximum amount that may be sued for in General District Court is $25,000. 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. Defending Cases in General District Court ![]()
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