                                 CODE OF VIRGINIA

ACTIONS; HOW COMMENCED; NOTICE; CONTINUANCES; PLEADINGS (§ 16.1-122.3)

A. Actions in the small claims court shall be commenced by the filing of a small
claims civil warrant by a plaintiff.

B. At the time of filing a small claims civil warrant, the plaintiff shall pay
to the clerk a required fee, which will be taxed as costs in the case. The
plaintiff may be afforded the opportunity to receive preprinted information
promulgated by the Committee on District Courts explaining the small claims
court, including but not limited to information on case preparation, courtroom
procedures, methods of collection, removal rights and appeals. The plaintiff
shall select a time for the hearing which shall be held at least five days after
service of the warrant. Such time shall be subject to concurrence by the
clerk&#8217;s office. The chief judge may limit the number 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 served by the method
used in general district court. If applicable, the defendant shall be served
with a copy of the preprinted information identified in subsection B of this
section attached to the copy of the civil warrant.

D. All forms required by this article shall be prescribed by the Supreme Court
of Virginia.

E. The trial shall be conducted on the first return date. However, by consent of
all parties or upon order of the court, the time for trial may be changed from
the time set for the first return. A continuance shall be granted to either the
plaintiff or defendant only upon good cause shown.

F. There shall be no pleadings in small claims court actions other than the
warrant and answer, grounds of defense and counterclaims not to exceed $5,000.

HISTORY: 1988, c. 799; 1990, c. 564; 2002, c. 704; 2006, c. 141.