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Declaratory Judgment File With Court In Virginia
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In civil actions that result in a judgment, all documents in the possession of the general district court shall be retained for 10 years and, unless sooner satisfied, the judgment shall remain in force for a period of 10 years; 3.
Complexity of Cases: The General District Court usually deals with straightforward cases, while the Circuit Court handles more complex and serious legal matters.
There is a general district court in each city and county in Virginia. The general district court hears traffic violation cases, minor criminal cases known as misdemeanors, and civil cases such landlord and tenant disputes, contract disputes, and personal injury actions.
The circuit court is the trial court with the broadest powers in Virginia. The circuit court handles all civil cases with claims of more than $25,000. It shares authority with the general district court to hear matters involving claims between $4,500 and $25,000.
§ 8.01-186. Further relief based on a declaratory judgment order or decree may be granted whenever necessary or proper. The application shall be by motion to a court having jurisdiction to grant the relief.
Seven days' notice is required to the opposing party and the court. Motions may be typed by either party, may be filed on the General Notice and Motion Form or may be filed on one of the appropriate forms provided by the Supreme Court of Virginia (located here).
The general district court handles traffic violations, hears minor criminal cases known as misdemeanors, and conducts preliminary hearings for more serious criminal cases called felonies.
While the general district court is the trial court for misdemeanors, it cannot conduct a trial for guilt or innocence in a felony matter. Instead, circuit courts are the trial courts for all felony matters.
A declaratory judgment is a ruling of the court to clarify something (usually a contract provision) that is in dispute. A summary judgment is a ruling that a case or portion of a case must be dismissed because there are no triable issues of material fact in dispute.
A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty.