Virginia General District Court - Appeals

Appeals

Appeals from the GDC for civil matters in excess of $50, and for all criminal and traffic cases, go to the Circuit Court, where they are re-tried de novo (because the GDC does not generate a record to be reviewed for error). The appellant in the Circuit Court will then be entitled to a jury trial, even if they were not entitled to one in the GDC. If the case is a criminal case or traffic infraction, the appellant will automatically receive a jury trial in the Circuit Court unless they affirmatively waive this right. For civil cases on appeal, the appellant must request a jury; if no such request is made, then the appeal will be heard by a Circuit Court judge alone. Cases heard in the GDC may not be directly appealed to any court other than the Circuit Court, although the decisions of the Circuit Court are subject to further appellate review. In determining whether the matter exceeds $50, the Circuit Court looks to the recovery achieved by the plaintiff. If, for example, the plaintiff seeks $3,000 and recovers $2,960, the plaintiff will have no right to appeal, but the defendant will (having been assessed a judgment well in excess of $50). On retrial in the Circuit Court brought about by an appeal from the defendant, the plaintiff may seek leave to amend to increase the claim to an amount in excess of the $25,000 limitation of the GDC.

To appeal a case from the GDC to the Circuit Court, a notice of appeal must be filed with the clerk of the GDC within 10 days after a judgment or conviction has been entered by the GDC. The appellant must then post a bond and pay a writ tax in the GDC within 30 days of the judgment, or within 10 days of the judgment if the case is one of unlawful detainer.