Legal Question in Appeals and Writs in Virginia
Small claims appeals in VA
I won a small claims case today with a judgement of 650.00. I anticipate an appeal by the defendant to the circuit court. Will I have to present my entire case again? What are the restrictions pertaining to evidence for the appealing party? Thank you.
1 Answer from Attorneys
Re: Small claims appeals in VA
Yes, it's called a "trial de novo" before the circuit court, and, therefore, potentially, you could be required to present anew everything that you presented for trial in the lower general district court.
The appealing party will also be allowed to present, basically, the same defense case that he or she presented in the general district court, assuming that no rules of evidence were violated or that improper testimony was permitted in the lower court.
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