The Virginia General Assembly recently amended Virginia Code § 16.1-77, expanding the jurisdiction of the Commonwealth’s general district courts. Effective July 1, 2025, these courts may now hear claims up to $50,000, doubling the prior limit of $25,000 for breach of contract, injury to real property, and injury to personal property. The jurisdictional cap for personal injury claims – already at $50,000 – remains unchanged. Also unchanged is Virginia circuit courts’ concurrent jurisdiction with general district courts of claims of $4,500 or more.
Based on our experience, we suspect this amendment will lead to an increase in the number of cases filed in general district courts. Litigants and their counsel will need to adjust their strategies accordingly, particularly in the following areas:
- Discovery and Trial Preparation: In circuit court, there are a broad range of discovery tools under Part 4 of the Virginia Rules of Court that allow the parties to better understand the other side’s case, including: written interrogatories, requests for production of documents, and oral depositions. In contrast, discovery in general district courts is more limited, typically restricted to a subpoena duces tecum for production of documents and witness subpoenas. This can impact a party’s ability to fully develop the facts of each case and will need to be considered when deciding to bring a jurisdictional limits case in general district court instead of circuit court.
- Increased Appeals: In general district court, there is an automatic right of appeal to the circuit court. With high claim amounts now at stake, we expect an increase in appeals by non-prevailing parties, adding a potential second phase of litigation.
- Litigation Costs: While general district court litigation can be more cost-effective, the increased potential for appeals – and the complexity of circuit court proceedings – may significantly increase overall litigation costs. Parties should discuss with their counsel the possibility of additional expenses, such as extended discovery, expert witnesses, and long trial timelines if a case is appealed.
We will continue to monitor the impact the increase in the jurisdictional limit has on litigation trends and the practical decisions attorneys and clients must make in pursing or defending claims in Virginia’s general district courts.
