These rules work very well and apply uniformly to a wide range of cases. The admission of evidence in Court is governed by laws of evidence and rules of procedure which have evolved in some instances over hundreds of years. 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. Winchester Frederick County Circuit Court Clerks Welcome Page
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