16.1-122.3 - Actions; how commenced; notice; continuances; pleadings.
§ 16.1-122.3. Actions; how commenced; notice; continuances; pleadings.
A. Actions in the small claims court shall be commenced by the filing of asmall claims civil warrant by a plaintiff.
B. At the time of filing a small claims civil warrant, the plaintiff shallpay to the clerk a required fee, which will be taxed as costs in the case.The plaintiff may be afforded the opportunity to receive preprintedinformation promulgated by the Committee on District Courts explaining thesmall claims court, including but not limited to information on casepreparation, courtroom procedures, methods of collection, removal rights andappeals. The plaintiff shall select a time for the hearing which shall beheld at least five days after service of the warrant. Such time shall besubject to concurrence by the clerk's office. The chief judge may limit thenumber of cases any one person may set for trial on any one date.
C. Upon the filing of the small claims civil warrant in small claims court,the court shall cause notice of process to be served upon the defendant.Notice of process shall consist of a copy of the warrant and shall be servedby the method used in general district court. If applicable, the defendantshall be served with a copy of the preprinted information identified insubsection B of this section attached to the copy of the civil warrant.
D. All forms required by this article shall be prescribed by the SupremeCourt of Virginia.
E. The trial shall be conducted on the first return date. However, by consentof all parties or upon order of the court, the time for trial may be changedfrom the time set for the first return. A continuance shall be granted toeither the plaintiff or defendant only upon good cause shown.
F. There shall be no pleadings in small claims court actions other than thewarrant and answer, grounds of defense and counterclaims not to exceed $5,000.
(1988, c. 799; 1990, c. 564; 2002, c. 704; 2006, c. 141.)