Understanding Virginia’s Court Systems
What are the different levels of court in Virginia? Nicole T. SanzoUnderstanding Virginia’s Court Systems
What are the different levels of court in Virginia?
by: Nicole T. Sanzo
There are four levels of court in Virginia: District Court, Circuit Court, the Court of Appeals and the Supreme Court. Virginia also has two federal district courts: Eastern District of Virginia and Western District of Virginia. Understanding the differences between these can help you understand the roles that the courts play in your case.
District Court
The District Courts are broken down into two distinct courts: the General District Court and the Juvenile and Domestic Relations District Court (J&DR District Court). There are 32 judicial districts in Virginia and every city and county in Virginia has a General District Court and a J&DR District Court. Both courts have limited jurisdiction which means they can only hear specific types of case and are restricted in the amount of money involved in civil cases.
General District Court
The General District Court has jurisdiction over civil cases, criminal misdemeanors, and traffic infractions. The court can also hold preliminary hearings in felony cases to decide whether there is enough evidence to go before a grand jury. The district courts do not hold jury trials. The district courts are also not courts of record, which means they do not employ court reporters to create verbatim transcripts of their proceedings.
Decisions in a General District Court proceeding may be appealed to the Circuit Court. Cases appealed are heard de novo which means the case will be heard new, as if the previous trial or hearing never happened.
Juvenile and Domestic Relations District Court
The Juvenile and Domestic Relations District Court (J&DR District Court) handles cases that involve children under 18 years old who are accused of criminal behavior or involved in custody cases, abuse and neglect cases, or support orders. J&DR District Courts also have a duty to protect the confidentiality and privacy of juveniles coming before the court, due to this limited information on these proceedings are released.
Decisions in the J&DR District Court may be appealed to the Circuit Court. As with the General District Court, the cases appealed from J&DR District Court are also heard de novo.
Circuit Court
The Circuit Courts in Virginia have general jurisdiction which means they have the authority to try a broad range of both civil and criminal cases.
Civil Cases
The Circuit Courts have exclusive original jurisdiction in claims exceeding $25,000 (or exceeding $50,000 in personal injury and wrongful death cases). They also have concurrent jurisdiction with the General District Courts in claims over $4,500 but not exceeding $25,000, with certain exceptions.
Criminal Cases
The Circuit Courts can hear the following: all felony cases; misdemeanor charges from a grandy jury indictment; and transfer and certification of felony offenses committed by juvenile offenders.
Appeals
The Circuit Courts also have jurisdiction to hear appeals from the General District Courts, the J&DR District Courts, and appeals from certain administrative agencies.
Court of Appeals
The Court of Appeals of Virginia is the intermediate appellate court in Virgina. They review decisions of the Circuit Courts in traffic infractions, criminal cases and cases involving domestic relation matters. They also hear from appeals from administrative agencies and the Virginia Worker’s Compensation Commission. Decisions of the Court of Appeals can be appealed to the Supreme Court of Virginia.
The Court of Appeals has 17 judges. The court sits in panels of three judges. If a party is not satisfied with a panel decision, they can request an en banc hearing, meaning all judges participate.
Supreme Court of Virginia
The Supreme Court of Virginia is the state’s court of last resort and has a total of 7 justices. Their primary function is to review decisions of the lower courts. Appeals to the Supreme Court of Virginia are generally not a matter of right. There are a few exceptions, including: cases involving the State Corporation Commission, disciplinary actions against attorneys, and capital punishment cases.
Appeals to the Supreme Court of Virginia are discretionary, meaning the court can choose whether or not to hear a case.
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For more information, please refer to: https://www.vacourts.gov/courts/home