[2] Judges of the Virginia Circuit Courts are appointed by the legislature, and serve an eight-year term, after which they may be reappointed.
The only mandatory qualification for appointment as a Circuit Court Judge is having been admitted to the Virginia State Bar for at least five years.
For actions alleging a lower amount in controversy, jurisdiction lies with the Virginia General District Court (GDC).
The Circuit Courts have exclusive original jurisdiction in domestic relations matters (such as divorce, annulment, and child custody), and over the probate of wills.
Litigation is initiated by the filing of a complaint, which is then served on the defendant with a summons, pursuant to the rules governing service of process in Virginia.
The attorney thereby certifies that he has read them, that they are grounded in fact or law as determined by a good-faith investigation, and that they are not being filed for the purposes of harassment or delay.
The defendant may also raise equitable defenses such as failure of consideration or unconscionability, which operate to diminish the value of the plaintiff's claim.
Under the statute, however, the court lacks the power to order reform or rescission of the contract.
A nonsuit occurs where the plaintiff seeks voluntary dismissal of the case without prejudice prior to a resolution.
In Virginia, one nonsuit may be taken as of right, so long as it filed before certain significant events have occurred in the case.
It must be filed before any demurrer or special plea has been fully argued, and before any motion to strike evidence has been granted.
In a bench trial, a nonsuit must be filed before the case has been submitted to the court for decision.
However, a nonsuit does not prohibit the plaintiff from refiling the same suit in another state, or in a federal court in Virginia.
In Virginia, default is filed automatically if the defendant fails to respond in any way within 21 days of service of process being effected.
Where the case is premised on liquidated damages, such as a breach of a promissory note, then judgment will be entered in that amount.
Summary judgment is rarely granted in Virginia courts because it is easy for either party to raise a triable issue of fact.
Unlike federal courts, where claims must be accompanied by an affidavit in order to raise a fact issue, Virginia courts treat the pleadings themselves as allegations of fact sufficient to create a genuine issue for resolution by a trial.
Alternately a party could seek perpetuation of the testimony of the witness pursuant to a verified petition filed in the jurisdiction in which the defendant resides.
The court generally has a great deal of discretion in terms of giving the jury access to evidence and exhibits, but is barred by statute from allowing the jury to read the pleadings, and also may not personally opine on the credibility of the witnesses.
A bench trial is conducted with the judge hearing all witnesses and deciding on their credibility.
A party may also seek a new trial if the damages returned are so high, or so low, as to "shock the conscience".
Alternately, the judge could order additur or remittitur, requiring the other party to either accept a stated award of a higher or lower amount, or face a new trial.
If the latter option is taken, the protesting party may later appeal the court's decision to require a new trial.
Cases thus appealed are re-tried de novo (because the GDC does not generate a record to be reviewed for error).
In determining whether the matter exceeds $50, the Circuit Court looks to the recovery achieved by the plaintiff.
On retrial in the Circuit Court brought about by an appeal from the defendant, the plaintiff may seek leave to amend to increase the claim to an amount in excess of the $25,000 limitation of the GDC.
The Circuit Court also has appellate jurisdiction in certain administrative law matters and can also review the actions of certain local government agencies, such as a Board of Zoning Appeals, by writ of certiorari.
A post-judgment motion does not extend the time for an appeal unless the Circuit Court has suspended the judgment.
A copy of the notice of appeal must be mailed or otherwise delivered to counsel for all parties, stating that the appellant will file either a written summary of the trial, or a transcript which the appellant certifies has been ordered from the court reporter.
If a written summary is used instead of a transcript, the appellant must file this document with the Clerk of the Circuit Court within 55 days of the decision which is being appealed.