by: Nicole T. Sanzo

The ability to try personal injury cases has become faster and more cost efficient with the jurisdictional limit change on July 1, 2021. The jurisdictional limit for personal injury cases in the Virginia General District Court’s recently increased from $25,000.00 to $50,000.00. Prior to that, the last jurisdictional limit change was in 2011, bringing the $15,000.00 limit up to $25,000.00. The option to try a case in General District Court (GDC) allows for a faster resolution than if it was filed in Circuit Court (CC). GDC cases generally come to a resolution within 4-6 months.

The Warrant in Debt

Before filing in GDC, make sure your client understands the difference between GDC and CC, and that the cap amount to be filed for the case in $50,000.00 when in GDC. Also, make the client aware of the parties’ rights to appeal from GDC to CC.

Once it has been determined between you and your client that you will be filing in GDC, it is time to prepare the Warrant in Debt. The Warrant in Debt can be found on the Virginia Court System website, where you can fill in the blanks online or print and handwrite in the contents. The specifics on the Warrant in Debt have made it easy to streamline the process of filing for civil matters.

When your document is complete it is time to file. A filing fee will be assessed by the clerk’s office; the base filing fee can range so make sure to check with the clerk’s office for the specific fee of the town or city you will be filing in. A Warrant in Debt can be mailed or filed in person.

Service of Process

Service of process is governed by Virgina Code §8.01-285. Service may be done by the local sheriff or a disinterested person over 18 years of age (i.e. a private process server). Serving a natural person includes: (1) personal service or (2) substituted service (i.e. family member/resident relative who is at least 16 years old, or valid posted service). 

If the defendant is a non-resident of the Commonwealth of Virginia, obtain service through the Department of Motor Vehicles Commissioner or via the “Long Arm Statute”.

The Warrant in Debt must be served not less than 5 days before the return date. The proof of service must be filed with the clerk’s office within 72 hours after service.

First Return

Always check with the individual clerk’s offices or check the specific court’s website before calendaring a first return. The first return cannot exceed 90 days from the date of service. Also, remember the Warrant in Debt must be served no less than 5 days before the return date.

At the first return a trial date will be scheduled if both parties agree. The setting of a trial date will then trigger two additional things to be filed; (1) the plaintiff will need to file a bill of particulars and (2) the defendant will need to file a grounds of defense.

Discovery

The beauty of GDC is that discovery is limited. Unlike a CC jury trial, there are no interrogatories, requests for production of documents, request for admissions, or depositions of parties and doctors. Discovery is limited in GDC.

One discovery tool that is allowed in GDC is the subpoena duces tecum, this may be issued by the clerk or by an attorney. The subpoena may be issued to a party or a non-party, and be served within at least 15 days of the trial.

Attorney’s may also issue witness subpoenas.

Trying the Case

The biggest difference between trying a case in GDC vs. CC is that in GDC the matter is before a judge, not a jury. This allows matters to be scheduled faster and heard within a few months instead of a year like in CC. GDC is not a court of record, so it is important to have a court reporter present to transcribe the matter.

Another thing that distinguishes GDC from CC, is that the trying of the case itself is short and to the point. These cases do not go on for days like a jury trial, they will be decided the same day.

If you are a party to a GDC matter, it is ideal to request a full day off from work because there is no telling what a court’s docket might look like that day. You could be first or you could be last.

Although in GDC, the case will still occur in distinctive parts like a jury trial:

1. Attorneys will provide opening statements.
2. Witnesses will be called, including but not limited to, responding officer, plaintiff, defendant, damages witnesses, etc.
3. Medical records and affidavits presented. A written medical report from the treating or examining physician shall be admitted if it is accompanied by an affidavit/sworn statement that includes the following elements: (i) the person named therein was treated or examined by such health care provider (ii) the information contained in the report is true and accurate and fully descriptive as to the nature and extent of the injury; and (iii) that any statement of costs contained in the report is true and accurate. 
4. Medical billing and affidavits presented. You can introduce medical billing, along with a statement of damages summarizing expenses, using the principles set forth in McMunn v. Tatum, 237 Va. 558 (1989). “A plaintiff may offer medical bills through the plaintiff’s testimony alone if he lays a foundation showing (1) that the bills are regular on their face, and (2) that they appear to relate to the treatment, the nature and details of which the plaintiff has explained.” The authenticity of bills for medical services provided and the reasonableness of the charges of the health care provider shall be rebuttably presumed upon identification by the plaintiff of the original bill or a duly authenticated copy and the plaintiff’s testimony (i) identifying the health care provider, (ii) describing the services rendered, and (iii) stating that the services were rendered in connection with treatment for the injuries received in the event giving rise to the action.
5. Photographs of property damage and injuries to show impact of collision. Integrated within witness statements and discussion of injuries.
6. Attorney’s closing statements.

After all is said and done, the judge will make a decision on the case. That decision is the amount of monetary damages, if any, that will be awarded to the plaintiff.

Post Trial

Cases that were heard in GDC can be appealed to CC, if the appeal is noticed within 10 days of the GDC judgment. Plaintiff or Defendant has the right to notice the appeal. On appeal the matter will be heard de novo.

Understanding the procedural advantages of General District Court can make a meaningful difference in how quickly and efficiently a personal injury case is resolved. Whether you’re dealing with a recent injury or weighing where to file your case, having experienced guidance matters.

Call Slaughter & Lupton Law at 757-999-1111 for a free consultation and get clear, straightforward answers about your options.

Nicole Sanzo is a personal injury attorney at Slaughter & Lupton Law, PLLC. Trust her to take your injury case to the next level. Learn more about Nicole on her Attorney Profile.