What are Virginia Court Records?

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Virginia has a population of 8.8 million, making it the twelfth largest state in terms of population. The Virginia court system is comprised of a state supreme court, a state court of appeals, and trial courts of general and limited jurisdiction. Its trial courts include circuit, district (general and juvenile/domestic relations), and magistrate courts. The state's judicial system handles a whopping 3.2 million cases per year.

As formal documentation of a trial or hearing, Virginia court records are considered public records in the state. Virginia courts are responsible for creating and maintaining these records, which include complaints in civil cases and indictments in criminal prosecutions. These records include:

Docket Sheets

These are official trial records that provide crucial information on the parties, judges, and attorneys of record. They include a list of the documents used during the trial, along with the date of filing and the court record number assigned to each document.

Judgments and Orders

These records contain the jury's or judge's decisions. They include the final decision that outlines the punishments and responsibilities for each side and are signed by the judge after the trial.

Transcripts

These are written records of court sessions. They document the judges' rulings and are useful as supporting documentation for a motion or when filing an appeal request.

Evidence

This includes physical and written evidence gathered from police investigations and presented by both sides of the argument.

Court Minutes

These record the start and end times of a trial. They contain a summary of the court proceedings, including recesses, testimony, and official statements, and also list the names of the lawyers and witnesses.

Pleadings

These are official written declarations, including motions, plea agreements, and complaints, that list the claims made by each party to the case.

Briefs

These are written arguments that attorneys submit to the court. They are intended to assist the court in resolving the case's legal disputes.

The majority of these records are accessible to anyone who knows the specifics of the case they are interested in, such as the names of the parties or the case numbers. However, there may be restrictions, such as juvenile records or records including personal information.

Types of Court Cases

The two main categories of court trials are criminal and civil. Despite their many similarities, the necessary levels of proof and the potential penalties are the primary distinctions between these case types. Other categories include family and traffic cases.

Civil Cases

Conflicts between individuals and organizations are settled through civil trials. A significant and unique feature of civil cases is that they do not result in incarceration or other serious loss of rights. Rather, civil lawsuits are settled by addressing the root cause of the dispute, stopping certain activities, or paying fines. They are meant to resolve conflicts.

A case usually begins when one individual or group (the plaintiff) claims that another individual or group (the defendant) has harmed them. The plaintiff asks the court for redress by filing a complaint and starting a legal action. The plaintiff may seek damages or monetary compensation to compensate for their losses or injuries. They might also ask for an injunction, which stops the defendant from doing something.

The case may be decided by a jury or a judge. Another option is for the parties to reach a settlement among themselves, which usually means they come to a financial agreement. There is no legal right to counsel in a civil lawsuit. Civil parties must either employ their counsel or appear in court on their own behalf.

Civil attorneys are required to meet a standard of proof known as the "preponderance of the evidence." This indicates that the winning side's evidence had a higher probability of being true. Decisions are not impacted by the amount of evidence offered but are based upon the persuasiveness of the evidence that is presented. Unanimity is also not necessary for a civil judgment.

Criminal Cases

When someone is accused of a crime by a prosecutor (representing the government), a criminal case is formed. Criminal cases remove or rehabilitate lawbreakers from society and discourage such behavior in the future. Criminal trials often commence when the offender is taken into custody and charged, typically during an indictment hearing.

A jury of their peers is entitled to try defendants in criminal trials. Each jury is hand-picked from a randomly selected pool of district residents, and the judge conducts interviews with them to remove any potential bias. Defendants have the option of a bench trial without a jury. In contrast to civil cases, defendants are entitled to legal representation in a criminal case.

Unlike juries in civil cases, criminal juries must vote unanimously. The reason for this high standard is the far harsher punishments that could be meted out in a criminal prosecution if found guilty of a crime. The punishment in a criminal case might include community service, jail time, a fine, or a mixture of all three.

What Are the Different Courts in Virginia?

Each of Virginia's five courts has distinct responsibilities and jurisdiction. These courts deal with a variety of cases, ranging from felony murder charges to misdemeanor traffic violations. The following are the courts in Virginia:

Supreme Court
Court of Appeals
Circuit Courts
General District Courts
Juvenile and Domestic Relations Courts

Virginia Supreme Court

The Supreme Court of Virginia has both original and appellate jurisdiction, and its main duty is to review lower tribunal decisions. Other than cases involving the State Corporation Commission and some disciplinary actions against attorneys, Virginia does not permit appeals to the Supreme Court as a matter of right. The Supreme Court has original jurisdiction over cases brought before it by the Judicial Inquiry and Review Commission concerning judge removal, retirement, and judicial censure.

The Court's original jurisdiction is restricted to cases involving habeas corpus, which requires the law enforcement holding a detained person to prove that custody is appropriate; mandamus, which requires the holder of an office to carry out their duties; prohibition, which requires a lower court, tribunal, or quasi-judicial body to refrain from improperly taking jurisdiction; and actual innocence, which is determined by biological testing.

Virginia Court of Appeals

The Court of Appeals of Virginia was established as an intermediate appellate court to speed up appeal review and expand the court system's appellate capacity. The Virginia Supreme Court Building in Richmond serves as its administrative center.

Virginia Circuit Courts

In Virginia, every county and city has a circuit court. The circuit court is the trial court with the most authority. The majority of civil lawsuits involving claims exceeding $25,000 are handled by this court. It has the same jurisdiction as the general district court to hear cases involving claims of $4,500 to $25,000 and up to $50,000 in civil cases involving wrongful death and personal damage. The court can also hear serious criminal cases.

Divorce and other family concerns are also handled by the circuit court. Additionally, matters appealed from the juvenile and domestic relations district court, as well as the general district court, are heard by this court.

Virginia General District Courts

In Virginia, every county and city has a general district court. The general district court hears misdemeanors, which are small criminal offenses, traffic infractions, and preliminary hearings for felonies, which are more serious criminal cases.

General district courts have the sole jurisdiction to handle civil matters involving claims of $4,500 or less. They also share jurisdiction with circuit courts to hear cases involving claims of $4,500 to $25,000, as well as up to $50,000 in civil cases involving wrongful death and physical injury. Contract conflicts, debt litigation, and landlord-tenant issues are a few types of civil proceedings these courts handle.

Virginia Juvenile and Domestic Relations Courts

Every county and city in Virginia has a juvenile and domestic relations district court. All cases involving minors, including criminal and traffic cases, are heard by this court. Cases involving an individual under the age of 18 who has been charged with committing an offense that would be deemed criminal if done by an adult are known as juvenile delinquency cases. The courts also hear status offenses, which are activities that are prohibited merely because they are committed by a child.

This court also deals with other family-related issues like visitation, support, and custody. In addition, the court hears criminal cases involving family members or household members as the defendant and the alleged victim, as well as instances involving allegations of child abuse or neglect against adults.

Virginia Magistrate System

Virginia has one magistrate's office in each of the 32 judicial districts and eight magisterial regions. In addition to reviewing criminal complaints from civilians and law enforcement, the magistrates also set bail, issue subpoenas, issue warrants for arrests or searches, and issue emergency protection orders.

How Many Federal Courts Are In Virginia?

The Western District of Virginia and the Eastern District of Virginia are Virginia's two federal district courts. These courts have locations in Norfolk, Alexandria, Richmond, Newport News, Abingdon, Charlottesville, Danville, Harrisonburg, Lynchburg, and Roanoke. The U.S. Court of Appeals for the 4th Circuit hears appeals from these courts.

The president of the United States nominates the judges who serve on the federal district courts, while the US Senate confirms them. The district courts have the authority to consider almost all federal cases, including civil and criminal proceedings, within the parameters established by Congress and the Constitution.

Just like federal district courts, there are two federal bankruptcy courts located in Virginia, namely the Eastern District of Virginia Bankruptcy Court and the Western District of Virginia Bankruptcy Court. These courts handle bankruptcy cases.

How Many Court Cases Are Filed Each Year in Virginia?

Over 3.2 million cases are filed in Virginia trial courts each year, ranging from criminal and civil cases to traffic cases.

Family: 221,429 adult cases, including emergency custody orders and family protective orders, are handled by Virginia's juvenile and domestic relations courts.
Juvenile: Over 206,000 cases are heard in juvenile courts each year; the majority include delinquency, custody, visitation, misdemeanors, and traffic violations.
Civil Cases: Each year, more than 700,000 civil cases are filed in Virginia. Over 650,000 civil matters are heard by its regular district courts, and over 67,000 are heard by its circuit courts.
Criminal Cases: Every year, the state receives close to 500,000 criminal cases. More than 167,000 criminal cases are heard by the circuit courts, and another 312,000 are heard by the regular district courts in Virginia.
Civil Commitment Cases: More than 50,000 civil commitment cases, such as mental commitment and temporary imprisonment orders, are heard by the state's general district courts.
Traffic Cases: More than 1,368,116 traffic cases are handled by Virginia's general justice courts.

How Do I Look Up Court Cases in Virginia?

In Virginia, anyone who wants to access court records must specify which court has the record and which office they should submit their request to. You may request court records by contacting the clerk of court for the particular court holding the record.

You can contact the Clerk of Court for the Supreme Court and the Court of Appeals for records from those courts. You may also contact the Virginia Circuit Court clerks to get records maintained by the circuit courts.

You can seek public records kept by a Virginia district court clerk, including nonconfidential court records kept in individual case files. Note that there are hourly fees for accessing or searching for requested records, even if no records are located. A district court clerk may impose a fee for copying any document of record, up to $1 for the first two pages and $.50 for each additional page.

Note that you need to have precise information, such as the case number, that will help speed up a search. While written requests are not required, the majority of courts have request forms for the public to use. Among the information required to find a record are the names of the parties, the judge, and the attorneys assigned to the case; the courthouse's address; case specifics; and the court file number.

What Court Records Are Not Available to the Public in Virginia?

Not every court record is accessible to the general public. Files that have been declared confidential by law or an existing court order cannot be shared or disclosed due to Virginia's public record law. Among the records that are shielded from public view are:

Academic records and records related to certain educational institutions
Records connected to public safety
Records containing health and social service information
Records containing examination materials or legal memoranda
Records containing trade secrets or proprietary information