Bill Text: VA HB1343 | 2024 | Regular Session | Introduced
Bill Title: General district and circuit courts; transfer, civil jurisdiction.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-13 - Left in Courts of Justice [HB1343 Detail]
Download: Virginia-2024-HB1343-Introduced.html
Be it enacted by the General Assembly of Virginia:
1. That §§16.1-77 and 17.1-513 of the Code of Virginia are amended and reenacted as follows:
§16.1-77. Civil jurisdiction of general district courts; amending amount of claim.
Except as provided in Article 5 (§16.1-122.1 et seq.), each general district court shall have, within the limits of the territory it serves, civil jurisdiction as follows:
(1) Exclusive original jurisdiction of (i) any claim to
specific personal property or to any debt, fine or other money, or to damages
for breach of contract or for injury done to property, real or personal, when
the amount of such claim does not exceed $4,500, exclusive of interest and any
attorney fees, and concurrent jurisdiction with the circuit courts having
jurisdiction in such territory of any such claim when the amount thereof
exceeds $4,500 but does not exceed $25,000, exclusive of interest and any
attorney fees, and (ii) any action for injury to person, regardless of theory,
and any action for wrongful death as provided for in Article 5 (§8.01-50 et
seq.) of Chapter 3 of Title 8.01 when the amount of such claim does not exceed
$4,500, exclusive of interest and any attorney fees, and concurrent
jurisdiction with the circuit courts having jurisdiction in such territory of
any such claim when the amount thereof exceeds $4,500 but does not exceed
$50,000, exclusive of interest and any attorney fees. However, the
jurisdictional limit shall not apply with respect to distress warrants under
the provisions of §8.01-130.4, cases involving liquidated damages for
violations of vehicle weight limits pursuant to §46.2-1135, nor cases
involving forfeiture of a bond pursuant to §19.2-143. While a matter is
pending in a general district court, upon motion of either the plaintiff or defendant
seeking to increase the amount of the claim
beyond the jurisdiction of the general district court, the
court shall order transfer of the matter to the circuit court that has
jurisdiction over the amended amount of the claim without requiring that the case
first be dismissed or that the plaintiff suffer a nonsuit, and the tolling of
the applicable statutes of limitations governing the pending matter shall be
unaffected by the transfer. Except for good cause shown, no such order of
transfer shall issue unless the motion to amend and transfer is made at least
10 days before trial. The plaintiff moving party shall pay filing
and other fees as otherwise provided by law to the clerk of the court to which
the case is transferred, and such clerk shall process the claim as if it were a
new civil action. The plaintiff moving party shall prepare and
present the order of transfer to the transferring court for entry, after which
time the case shall be removed from the pending docket of the transferring
court and the order of transfer placed among its records. The plaintiff
moving party shall provide a certified copy of the transfer
order to the receiving court.
(2) Jurisdiction to try and decide attachment cases when the amount of the plaintiff's claim does not exceed $25,000 exclusive of interest and any attorney fees.
(3) Jurisdiction of actions of unlawful entry or detainer as provided in Article 13 (§8.01-124 et seq.) of Chapter 3 of Title 8.01, and in Chapter 14 (§55.1-1400 et seq.) of Title 55.1, and the maximum jurisdictional limits prescribed in subdivision (1) shall not apply to any claim, counter-claim or cross-claim in an unlawful detainer action that includes a claim for damages sustained or rent against any person obligated on the lease or guarantee of such lease.
(4) Except where otherwise specifically provided, all jurisdiction, power and authority over any civil action or proceeding conferred upon any general district court judge or magistrate under or by virtue of any provisions of the Code.
(5) Jurisdiction to try and decide suits in interpleader involving personal or real property where the amount of money or value of the property is not more than the maximum jurisdictional limits of the general district court. However, the maximum jurisdictional limits prescribed in subdivision (1) shall not apply to any claim, counter-claim, or cross-claim in an interpleader action that is limited to the disposition of an earnest money deposit pursuant to a real estate purchase contract. The action shall be brought in accordance with the procedures for interpleader as set forth in § 8.01-364. However, the general district court shall not have any power to issue injunctions. Actions in interpleader may be brought by either the stakeholder or any of the claimants. The initial pleading shall be either by motion for judgment, by warrant in debt, or by other uniform court form established by the Supreme Court of Virginia. The initial pleading shall briefly set forth the circumstances of the claim and shall name as defendant all parties in interest who are not parties plaintiff.
(6) Jurisdiction to try and decide any cases pursuant to § 2.2-3713 of the Virginia Freedom of Information Act (§2.2-3700 et seq.) or § 2.2-3809 of the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et seq.), for writs of mandamus or for injunctions.
(7) Jurisdiction to try and decide any cases pursuant to § 55.1-1819 of the Property Owners' Association Act (§55.1-1800 et seq.) or § 55.1-1959 of the Virginia Condominium Act (§55.1-1900 et seq.).
(8) Concurrent jurisdiction with the circuit courts to submit matters to arbitration pursuant to Chapter 21 (§8.01-577 et seq.) of Title 8.01 where the amount in controversy is within the jurisdictional limits of the general district court. Any party that disagrees with an order by a general district court granting an application to compel arbitration may appeal such decision to the circuit court pursuant to §8.01-581.016.
For purposes of this section, the territory served by a county general district court expressly authorized by statute to be established in a city includes the general district court courtroom.
§17.1-513. Jurisdiction of circuit courts.
The circuit courts shall have jurisdiction of proceedings by quo warranto or information in the nature of quo warranto and to issue writs of mandamus, prohibition and certiorari to all inferior tribunals created or existing under the laws of the Commonwealth, and to issue writs of mandamus in all matters of proceedings arising from or pertaining to the action of the boards of supervisors or other governing bodies of the several counties for which such courts are respectively held or in other cases in which it may be necessary to prevent the failure of justice and in which mandamus may issue according to the principles of common law. They shall have appellate jurisdiction in all cases, civil and criminal, in which an appeal may, as provided by law, be taken from the judgment or proceedings of any inferior tribunal.
They shall have original and general jurisdiction of all civil cases, except cases upon claims to recover personal property or money not of greater value than $100, exclusive of interest, and except such cases as are assigned to some other tribunal; also in all cases for the recovery of fees in excess of $100; penalties or cases involving the right to levy and collect toll or taxes or the validity of an ordinance or bylaw of any corporation; and also, of all cases, civil or criminal, in which an appeal may be had to the Court of Appeals.
They shall have jurisdiction to hear motions filed for the purpose of modifying, dissolving, or extending a protective order pursuant to § 16.1-279.1 or 19.2-152.10 if the circuit court issued such order, unless the circuit court remanded the matter to the jurisdiction of the juvenile and domestic relations district court in accordance with §16.1-297. They shall also have original jurisdiction of all indictments for felonies and of presentments, informations and indictments for misdemeanors. They shall also have jurisdiction for bail hearings pursuant to §§19.2-327.2:1 and 19.2-327.10:1.
Upon certification by the district court of any felony charge and ancillary misdemeanor charge or when an appeal of a conviction of an offense in district court is noted, jurisdiction as to such charges shall vest in the circuit court, unless such case is reopened pursuant to §16.1-133.1; a final judgment, order, or decree is modified, vacated, or suspended pursuant to Supreme Court of Virginia Rule 1:1; or the appeal has been withdrawn in the district court within 10 days pursuant to §16.1-133.
They shall have appellate jurisdiction of all cases, civil and criminal, in which an appeal, writ of error or supersedeas may, as provided by law, be taken to or allowed by such courts, or the judges thereof, from or to the judgment or proceedings of any inferior tribunal. They shall also have jurisdiction of all other matters, civil and criminal, made cognizable therein by law and when a motion to recover money is allowed in such tribunals, they may hear and determine the same, although it is to recover less than $100.
While a matter is pending in a circuit court, upon motion of either the plaintiff or defendant seeking to
decrease the amount of the claim to within the exclusive or concurrent
jurisdiction of the general district court as described in subdivision 1 of §
16.1-77, the circuit court shall order transfer of the matter to the general
district court that has jurisdiction over the amended amount of the claim
without requiring that the case first be dismissed or that the plaintiff suffer
a nonsuit, and the tolling of the applicable statutes of limitations governing
the pending matter shall be unaffected by the transfer. Except for good cause
shown, no such order of transfer shall issue unless the motion to amend and
transfer is made at least 10 days before trial. The
plaintiff moving party
shall pay filing and other fees as otherwise provided by law to the clerk of
the court to which the case is transferred, and such clerk shall process the
claim as if it were a new civil action. The
plaintiff moving party
shall prepare and present the order of transfer to the transferring court for
entry, after which time the case shall be removed from the pending docket of
the transferring court and the order of transfer placed among its records. The plaintiff
moving party shall provide a certified copy of the transfer
order to the receiving court.
