The Virginia legal process encompasses all the formal procedures, rules, and steps involved in bringing and resolving legal matters through Virginia's court system. The legal process can seem complex and overwhelming, especially for people representing themselves without an attorney.
What Is Legal Process in Virginia?
Under Virginia law, "process" includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. Essentially, legal process refers to the official documents and formal procedures used to notify parties about legal proceedings and compel their participation in the court system.
Legal process ensures that everyone involved in a case receives proper notice and has an opportunity to be heard. These procedural protections are fundamental to due process rights guaranteed by both the U.S. Constitution and the Virginia Constitution. Without a proper legal process, courts cannot exercise jurisdiction over parties or make binding decisions.
Types of Legal Process
- Summons is a document issued by the court that notifies a defendant that they are being sued and must respond within a specific time frame. The summons typically accompanies the complaint and gives the defendant notice of what's being claimed against them.
- Subpoenas compel witnesses to appear in court to testify or to produce documents for a legal proceeding. Disobeying a subpoena can result in contempt of court charges. There are two main types: subpoena ad testificandum (for testimony) and subpoena duces tecum (for documents).
- Warrants authorize law enforcement to take specific actions, like arresting someone or searching property. Search warrants and arrest warrants must be based on probable cause and issued by a magistrate or judge.
- Citations notify someone of a violation and may require a court appearance. Traffic tickets are common examples of citations in Virginia's legal process.
How Is Virginia's Court System Organized?
Virginia's judicial system has four levels of courts, each with distinct roles and jurisdictions. Understanding this structure helps you determine which court handles your legal matter.
The Supreme Court of Virginia sits at the top of the judicial system. This court reviews decisions from the Court of Appeals and lower courts, handles matters related to the operation of Virginia's judicial system, and serves as the final authority on Virginia law. The Supreme Court doesn't conduct trials, it reviews legal issues from cases already decided by lower courts.
Lower Court Structure
The Court of Appeals hears appeals of Circuit Court decisions and cases from certain state agencies. This intermediate appellate court reviews whether lower courts correctly applied the law, not whether the decision was right or wrong factually.
- Circuit Courts are Virginia's trial courts of general jurisdiction. They hear criminal cases involving felonies (serious crimes punishable by more than one year in prison), civil actions involving claims over $4,500 or certain equitable matters, and appeals from district courts. 31 judicial circuits cover Virginia's cities and counties.
- District Courts include General District Courts and Juvenile & Domestic Relations (J&DR) District Courts. General District Courts handle misdemeanors, traffic cases, civil claims up to $25,000 (or $50,000 for personal injury), and preliminary hearings in felony cases. J&DR Courts handle juvenile matters, family law issues, and domestic violence cases.
What Role Do Magistrates Play?
Magistrates serve as judicial officers with the authority to issue various types of process. They're often the first point of contact in Virginia's legal process, available 24 hours a day, 7 days a week, to handle urgent matters.
The main job of magistrates is to provide an independent, unbiased review of complaints brought by police officers, sheriffs, deputies, and citizens. They determine whether there's probable cause, a reasonable belief based on facts, that an offense was committed.
Magistrate Authority and Duties
Magistrates can issue arrest warrants when probable cause exists to believe someone committed a crime. They issue summonses as alternatives to arrest for less serious offenses. They conduct bond hearings to set bail when someone is charged with a criminal offense, determining conditions for release pending trial.
Magistrates also issue search warrants authorizing law enforcement to search specific locations for evidence. They can issue civil warrants initiating lawsuits in the General District Court. They accept prepayments for traffic infractions and minor misdemeanors, allowing people to pay fines without appearing in court.
However, magistrates have limitations. They don't conduct trials, don't decide cases, and don't provide legal advice. Their role is limited to the initial review and issuance of the process.
How Do I Start a Civil Action in Virginia?
Starting a civil action in Virginia begins with filing a complaint in the appropriate court. A complaint is a legal document that identifies the parties, describes what happened, explains why the court has jurisdiction, states what laws or rights were violated, and requests specific relief or damages.
You must file your complaint in the correct court based on the type of case and the amount of money involved. For claims under $4,500, file in the General District Court. For claims between $4,500 and $25,000, you can choose General District or Circuit Court. For claims over $25,000, file in Circuit Court.
Filing Requirements and Fees
When filing your complaint, you must pay the required filing fees. Fees vary by court and case type but typically range from $50 to $100 or more. If you cannot afford the fees, file a petition to proceed in forma pauperis requesting a fee waiver based on your financial situation.
Your complaint must be clear and specific enough that the defendant understands what they're accused of and what you're asking the court to do. Include all necessary parties—if you leave out someone who should be involved, you may need to amend your complaint later or even start over.
After filing, the court clerk issues a summons and assigns a case number. You're then responsible for having the defendant properly served with copies of the summons and complaint within one year of filing.
What Are the Rules for Serving Process?
Proper service of process is critical in Virginia's legal process. Service ensures the defendant receives notice of the lawsuit and has an opportunity to respond. Without proper service, the court lacks personal jurisdiction over the defendant and cannot enter a valid judgment.
Virginia law specifies who can serve process and how service must be accomplished. Generally, the sheriff or a private process server serves legal documents. You cannot serve process yourself in your own case—service must be made by someone who's not a party to the lawsuit and is at least 18 years old.
Methods of Service
- Personal service is the preferred method where the summons and complaint are physically handed to the defendant. The server must personally deliver the documents to the defendant or leave them with a family member of suitable age and discretion at the defendant's residence.
- Substituted service is allowed when personal service cannot be accomplished after a reasonable effort. This might involve leaving documents with someone at the defendant's workplace or posting them at their residence and mailing a copy.
- Service by publication is a last resort when the defendant cannot be located despite diligent efforts. This involves publishing a notice in a newspaper. Service by publication requires court approval and only works for certain types of cases.
Service Method | When Used | How It Works | Cost |
Personal Service by Sheriff | Standard method for most cases | Sheriff delivers documents directly to defendant | $12 per person served |
Private Process Server | When sheriff service isn't available or practical | Licensed server delivers documents and files return | Varies by company |
Substituted Service | After failed personal service attempts | Documents left with family member or at residence | Varies |
Service by Publication | Defendant cannot be located | Notice published in newspaper with court approval | Publication costs vary |
What Happens After Service?
After the defendant is served with the summons and complaint, they have a limited time to respond. In Circuit Court, defendants typically have 21 days to file a responsive pleading. In the General District Court, defendants must appear on the date specified in the summons.
The defendant's response options include filing an answer admitting or denying the allegations, filing a demurrer challenging the legal sufficiency of the complaint, filing a plea in bar raising defenses that would prevent the case from proceeding, or filing a counterclaim asserting their own claims against you.
Default Judgments
If the defendant doesn't respond within the required time, you can request a default judgment. This means you win by default because the defendant failed to defend themselves. However, you must still prove your case to the court—default means the defendant's failure to respond, not an automatic victory without proof.
To obtain a default judgment, file an affidavit of service proving the defendant was properly served. Then request the court to enter a default judgment. In some cases, you'll need a hearing where you present evidence of your damages even though the defendant isn't contesting liability.
What Is Discovery in Virginia Courts?
Discovery is the process which parties exchange information relevant to the case before trial. Virginia's legal process allows several discovery methods to help parties gather evidence and prepare for trial.
Interrogatories are written questions that the other party must answer under oath. These questions help you learn about the opposing party's claims, defenses, witnesses, and evidence. Virginia limits the number of interrogatories you can serve without court permission.
How Do General District Courts Work?
General District Courts handle high-volume, less complex matters throughout Virginia. There's a General District Court in every city and county, making them the most accessible level of Virginia's court system.
These courts decide criminal offenses involving local ordinances and misdemeanors under state law. A misdemeanor is any charge carrying a penalty of no more than one year in jail or a fine of up to $2,500, or both. General District Courts don't conduct jury trials—all cases are heard by a judge.
Civil Jurisdiction
General District Courts decide civil cases where the amount in dispute doesn't exceed $25,000, except in personal injury and wrongful death cases, where the limit is $50,000. Common civil cases include landlord-tenant disputes, contract disputes, property damage claims, and debt collection lawsuits.
Claims under $5,000 are sometimes heard in "small claims court," which has simplified procedures designed for people representing themselves. Small claims procedures are less formal than regular civil procedures, making them more accessible to non-lawyers.
Traffic cases are also heard in General District Courts. Judges can impose fines, and certain violations result in "points" assessed against your driver's license by the DMV. Excessive points can lead to license suspension or revocation.
What Happens in Circuit Court?
Circuit Courts are Virginia's trial courts of general jurisdiction, meaning they can hear almost any type of case. These courts handle more serious criminal matters, larger civil claims, and appeals from district courts.
For criminal cases, Circuit Courts hear feloniesm, crimes punishable by more than one year in prison. Defendants in felony cases have the right to a jury trial, though they can waive this right and have a judge decide the case instead.
Circuit Court Civil Procedures
For civil actions, Circuit Courts handle cases involving more than $4,500 (or more than $25,000 if the case started in General District Court). Circuit Courts also have exclusive jurisdiction over certain matters like divorce, adoptions, and probate, regardless of the amount involved.
Circuit Court procedures are more formal than district court procedures. Cases involve extensive discovery, pretrial motions, and potentially lengthy trials. Most people benefit from attorney representation in Circuit Court due to the complexity of procedures and rules of evidence.
Appeals from General District Court and Juvenile & Domestic Relations Court go to Circuit Court for a trial de novo, meaning the case is completely retried as if the district court hearing never happened.
How Do Appeals Work?
Virginia's legal process allows parties to appeal adverse decisions to higher courts. Understanding how appeals work helps you decide whether to appeal and how to protect your appellate rights.
From the General District Court, you can appeal to the Circuit Court within 10 days of the judgment. The Circuit Court conducts a trial de novo, a completely new trial where all evidence is reheard. The Circuit Court's decision replaces the district court's decision.
Appellate Court Reviews
From Circuit Court , you can appeal to the Court of Appeals. However, Court of Appeals review isn't automatic. You must file a notice of appeal and petition for appeal explaining why the Court of Appeals should hear your case. The Court of Appeals has discretion to accept or reject appeals.
The Supreme Court of Virginia generally reviews only cases that raise significant legal issues or where lower courts have made clear errors of law. Like the Court of Appeals, the Supreme Court review is largely discretionary.
Appellate courts review only legal issues, not factual findings. They determine whether the trial court correctly applied the law, not whether they agree with the trial court's decision. Appellate courts generally defer to trial courts' factual findings unless clearly erroneous.
What Are the Important Deadlines in the Virginia Legal Process?
Virginia's legal process involves numerous deadlines that you must meet or risk losing your rights. Missing deadlines can result in dismissal of your case, default judgment against you, or waiver of important rights.
Statute of limitations deadlines determine how long you have to file a lawsuit after the events giving rise to your claim. These vary by case type: typically 2 years for personal injury, 5 years for written contracts, 3 years for oral contracts, and 1 year for defamation.
Procedural Deadlines
After being served with a complaint, defendants typically have 21 days to respond in Circuit Court. Failing to respond within this time allows the plaintiff to seek a default judgment.
Discovery deadlines depend on the court's scheduling order. Circuit Courts typically issue scheduling orders setting deadlines for completing discovery, filing motions, and preparing for trial. Missing these deadlines can result in sanctions or exclusion of evidence.
Appeal deadlines are strict. You have 10 days to appeal from the General District Court to the Circuit Court. For appeals from Circuit Court to the Court of Appeals, you must file a notice of appeal within 30 days of final judgment.
Filing deadlines for motions vary depending on the type of motion. Some must be filed before trial, others can be filed during or after trial. Check the Virginia Rules of Court or consult an attorney about specific motion deadlines.
Can I Represent Myself in Virginia Courts?
Yes, Virginia allows self-representation, also called appearing "pro se." Many people successfully represent themselves in straightforward cases like simple contract disputes, small claims, or uncontested family law matters.
However, self-represented litigants must follow the same procedural rules and substantive laws as attorneys. Courts don't lower standards or provide extra help because you're not a lawyer. Judges cannot give you legal advice or tell you how to present your case.
What Resources Are Available for Self-Represented Litigants?
Virginia provides several resources to help people navigate the legal process without an attorney. Taking advantage of these resources improves your chances of successfully handling your case.
The Virginia Court System's Self-Help website at selfhelp.vacourts.gov offers forms, instructions, and information about various types of cases. The site includes helpful videos, FAQs, and links to local court resources.
Additional Help Resources
Virginia Legal Aid at valegalaid.org provides free legal information, interactive tools for generating court forms, and links to legal aid organizations that provide free or low-cost legal services to qualifying low-income individuals.
Local law libraries, often located in courthouses, provide access to legal resources including Virginia statutes, court rules, and practice guides. Law librarians can help you locate relevant materials, though they cannot give legal advice.
Court clerk's offices can answer procedural questions about filing deadlines, fees, and what forms to use. However, clerks cannot provide legal advice, tell you how to fill out forms, or recommend what you should do in your case.
Virginia State Bar Lawyer Referral Service can connect you with attorneys who offer consultations at reduced rates or free for qualifying individuals. Even if you plan to represent yourself, a brief consultation can provide valuable guidance.
How Much Does the Virginia Legal Process Cost?
Costs in Virginia's legal process vary widely depending on the type of case, which court hears it, and whether you hire an attorney. Understanding potential costs helps you budget and decide how to proceed.
Filing fees vary by court and case type. Circuit Court filing fees typically range from $86 to $200, depending on the type of case. General District Court fees are usually lower, around $50 to $75. Small claims filing fees are often just $25.
Additional Court Costs
- Service fees add to filing costs. Sheriff service typically costs $12 per person served. Private process servers charge varying rates, often $50 to $100 or more, depending onthe difficulty of service.
- Attorney fees represent the largest expense for most litigants. Virginia attorneys typically charge $200 to $500 per hour, depending on experience and case complexity. Some cases can be handled on a flat fee basis, while others are billed hourly.
- Expert witness fees apply in cases requiring specialized testimony. Medical experts, accident reconstructionists, or appraisers charge for their time reviewing case materials, preparing reports, and testifying.
- Court reporter fees for depositions and hearings where you want a transcript typically run $3 to $5 per page for transcripts, plus appearance fees.
Moving Forward with Virginia Legal Process
Start by identifying which court handles your type of case and familiarize yourself with that court's specific procedures and local rules. Gather all necessary documents and evidence early in the process. Use available self-help resources to understand the procedural requirements for your case type.
Consider consulting with an attorney even if you plan to represent yourself. A brief consultation can provide valuable guidance about your legal rights, potential pitfalls, and strategic considerations. With proper preparation, understanding of procedures, and attention to deadlines, you can successfully participate in Virginia's legal process and protect your rights throughout your case.