![]() In the Circuit Court, the original of all pleadings, except discovery pleadings, must be filed with the Clerk of the Circuit Court and a copy sent to the opposing party. To determine the law which governs your case, you should refer to the sources of the law as described later sections of this memorandum. In cases which are tried by the Court, you may be required to file a proposed Findings of Fact and Conclusions of Law, which are very similar to a Bill of Particulars. If you have not already done so, after the pretrial conference, the plaintiff will be required to file a bill of particulars which is a written pleading setting forth in numbered paragraphs the factual basis of his claim, to which the defendant will be required to file a written response. In all cases, the parties are required to identify their witnesses in advance of trial, prefile their exhibits which they intend to introduce into evidence, and in the event of a jury trial, their jury instructions. ![]() For example: the plaintiff may say this is a suit for breach of a contract to repair my car for which I have sued the defendant for the sum of $1,500.Īt the pre-trial conference, a pre-trial order will be entered setting your case for trial, setting a cut-off date for discovery, and framing the issues for trial. When you appear at the pre-trial conference you should be prepared to explain very briefly the nature of your case. If yours is a domestic case, it will be tried without a jury. Please review the courts Calendar for Winchester Circuit Court or Calendar for Frederick County Circuit Court for available motions days. To place your case on the court's motions day docket a Praecipe will need to be filed with the clerk's office and notice sent to all involved parties. This Court also hears appeals from the general district court, the juvenile and domestic relations district court, and it may well be that your case originated in one of these two lower courts.Īfter your case has been filed, you will appear at a Motions Day for a pretrial conference at which your case will be set for trial either with or without a jury. Jurisdiction The Circuit Court is the trial court of general jurisdiction in Virginia which means that this Court has the authority to try a full range of cases both civil and criminal. Return to the Clerk of Circuit Court's Home Page However, the Court cannot advise you as to the manner in which you should present your case. If you do not understand a ruling of the Court, the Court will explain it to you. The various rules which apply have been designed to ensure the fair and orderly administration of justice and are not intended to confuse you or to arbitrarily dispose of cases. The circuit court is a court of record, and, in most instances, parties in the circuit court are represented by attorneys. The Court cannot advise you in the prosecution of your case, so you must inform yourself. Please read this carefully, because it is intended to help you in the trial of your case. In others, requests for all documents can be made, whether they were intended to be used in trial or not.Ī consultation with an attorney in your state would be appropriate, so that you get state- specific information regarding the procedures in VA.Winchester Frederick County Circuit Court Clerks Welcome Page In some states, requests can be made in advance of the trial for production of all exhibits each side intends to use at trial. ![]() Or, the landlord can attach the lease and then bring a separate count for Open Account, and attach the monthly statements. So, if the landlord were to deny the existence of the side deal, the monthly statements would be relevant as to that issue. The monthly statements can be introduced into evidence as long as there is relevant information-for example, the $50 credit for the lawn mowing. The tenant can be sued on the lease without the landlord attaching all the monthly statements. After the lease is signed there is a side-agreement that the tenant will cut the lawn and the landlord will take $50 a month off the rent. Let us say that a tenant rents an apartment and the landlord sends out a monthly statement every month. The Plaintiff, in my jurisdiction, would not have have to attach all of the charge slips. Let us say that there are a number of charges, or payments on the contract, or on the medical bill. If a law suit is filed on a bad check, a copy of the check is attached. In my jurisdiction, a count for breach of contract requires that if the contract is written that it be attached, but not anything else. All the evidence available to a Plaintiff need not be attached to an initial pleading instead, each state has its own requirements, and that would vary from the nature of the claim.
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