Legal Question in Civil Litigation in Virginia

Rehearing in district court or appeal to circuit court

I recently lost a district court case (as the defendant). However, I want a rehearing and/or want to appeal the case. What reasons are acceptable for rehearing or appeal? Can I do both; i.e. can I have the case reheard, and, if I lose again, can I still appeal to a higher court (circuit court)?


Asked on 2/20/06, 4:24 pm

2 Answers from Attorneys

Charles Homiller Jimison/Homiller, PLC

Re: Rehearing in district court or appeal to circuit court

Rehearings are not available in general district court (GDC). Your only recourse is to appeal the matter to circuit court. You have 10 days from the date judgment in GDC to appeal. If you appeal, the case will be heard "de novo" by the circuit court, meaning that the trial starts over from the beginning, as if the GDC case never occurred. You can present evidence, question witnesses, and even ask for a jury. You do not have to have a specific grounds for appeal from the GDC.

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Answered on 2/20/06, 5:09 pm
Jonathon Moseley Jonathon A. Moseley

Re: Rehearing in district court or appeal to circuit court

My colleague is correct. But what that means is you probably need to be down at the courthouse when the clerk's office opens at 8:30 tomorrow morning, to ask for a "Notice of Appeal" form to fill it out. (Bring the address of the attorney for the creditor because you will need to put it on the form, and mail him or her a copy.)

Also, within 30 days you will need to put up the entire amount that the Plaintiff is claiming as a bond. If you lose again, the Plaintiff gets to collect from the bond. If you win, you get it back. (And if the plaintiff collects a reduced amount, obviously some is returned to you and the rest paid to the plaintiff.)

However, YOU DO NOT NEED A REASON. Note that this is the ONLY place I know of in the entire legal system of the U.S. where that is true. This is very unusual. But you do not need any reason at all to appeal.

However, to appeal from circuit court up to the appeals court or Supreme Court, then you would need to identify specific legal errors made by the circuit court. And realistically one has almost no chance of winning any appeal from circuit court.

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Answered on 2/20/06, 7:09 pm


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