2.4 Circuit Courts

• Library: Virginia Law and Practice: A Handbook for Attorneys (Virginia CLE) (2020 Ed.)

2.4 CIRCUIT COURTS

2.401 In General. The circuit court is the trial court of general jurisdiction in Virginia. Since a major reorganization of the trial court system by the General Assembly in 1973, ⁶³ the commonwealth now has thirty-one judicial circuits, each with a statutorily prescribed territorial jurisdiction. ⁶⁴ Judges of the circuit courts are elected by a majority vote of each house of the General Assembly for terms of eight years and must reside within the circuit in which they sit. ⁶⁵ The chief judge of each circuit is selected by majority vote of the judges of that circuit for a term of two years and serves as the administrative head of the circuit. ⁶⁶ The Judicial Council determines when the circuit courts are open for business, with the circuit courts continuing to observe legal holidays. ⁶⁷

2.402 Original Jurisdiction.

A. Civil. The circuit courts have exclusive original jurisdiction in all civil cases, in chancery and at law, in which the amount in controversy exceeds $25,000 and concurrent jurisdiction with the general district courts in civil actions involving claims between $4,500 and $25,000. ⁶⁸ However, they do not have jurisdiction over proceedings that have been assigned to other courts or tribunals, including certain juvenile and domestic relations matters, ⁶⁹ workers' compensation cases, ⁷⁰ and certain suits for unlawful entry

[Page 31]

and detainer. ⁷¹ The civil jurisdiction of the circuit courts includes proceedings by quo warranto and issuance of writs of mandamus, prohibition, and certiorari to the lower courts. ⁷²

A matter pending in either the general district court or the circuit court may be transferred on motion of a plaintiff seeking to amend the amount of the claim without requiring a dismissal of the claim or a nonsuit. ⁷³

B. Criminal. The circuit courts have original jurisdiction of all indictments for felonies ⁷⁴ and of presentments, informations, and indictments for misdemeanors ⁷⁵ committed within their respective circuits. In felony cases, a preliminary hearing is first held in the general district court of competent jurisdiction. ⁷⁶ The district court judge hears the evidence and determines whether probable cause exists to certify the charge to the grand jury. ⁷⁷

2.403 Appellate Jurisdiction. In addition to its role as the trial court of general jurisdiction, the circuit court also has appellate jurisdiction of all cases, civil and criminal, in which an appeal may be taken from the judgment of a general...