![]() 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
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |