Circuit Court Clerk

Civil

• General Information
• Civil Case Cover Sheet
• Fee Schedule
• Subpoena Requests
• Local Rules/Guidelines
• Commissioners in Chancery
• Common Civil Actions
  • Garnishments
  • Restricted/Restored Operator's License
  • Condemnations
  • Divorce
  • Wills and Estates
  • Guardian Appointment
  • Property Disputes
  • Appointment of Church Trustees
  • Encumbrance & Conveyance of Church Property
  • Adoptions
  • Name Changes

General Information

Civil cases are disputes between individuals or entities, or groups of individuals or entities.  Typical civil disputes are ones in which monetary damages are sought stemming from tort (civil wrong) or breach of contract.  Not all civil cases stem from monetary or contract disputes.  Examples include, but are not limited to, divorce, annulment, adoption, partition of real estate, will and estate matters, name changes, appointments of church trustees and encumbrance or conveyance of church property.

The Circuit Court serves as the appellate court in civil cases appealed from the General District Court.  Likewise, the Circuit Court serves as the appellate court in civil (domestic relations) cases appealed from the Juvenile and Domestic Relations District Court, typically child support, custody and visitation matters.

In civil cases where monetary claims range from $4,500 to $15,000, the Circuit Court has concurrent jurisdiction with the General District Court.  Monetary disputes involving more than $15,000 fall within the exclusive jurisdiction of the Circuit Court.

In civil cases of a domestic relations nature, the Circuit Court has exclusive jurisdiction in divorce and annulment matters, including property settlement/equitable distribution of marital assets.   Matters involving child support, custody, and visitation may or may not originate in the circuit court, depending on various factors.

When filing a civil case in the Circuit Court, the filing party is responsible for ensuring that all pleadings are prepared in accordance with the Code of Virginia and Rules of the Virginia Supreme Court.  Unlike the two District Courts, the Circuit Court does not typically provide “forms” for use by litigants in filing civil suits.  Hence, it is strongly recommended that the services of an attorney be employed when filing a civil action at the Circuit Court level.

NOTE:  Clerk’s Office personnel are strictly prohibited from providing legal advice. 

Civil Case Cover Sheet

The Chesterfield Circuit Court Clerk's Office has developed a Civil Case Cover Sheet to be submitted when filing civil cases in the Chesterfield Circuit Court. Please utilize this customized form when filing in Chesterfield in lieu of the standardized form provided by the Supreme Court of Virginia.

• Download the Civil Case Cover Sheet in PDF format
• Download the Civil Case Cover Sheet in MS Excel format

Fee Schedule

IMPORTANT NOTICE
Effective July 1, 2006

Pursuant to §17.1-275(13) and 17.1-275(26) of the 1950 Code of Virginia, as amended, a $10.00 Courts Technology Fund fee will be assessed in most civil actions.

Prior to filing a new civil action, please research the Code to determine if this fee applies. New civil actions received without appropriate fees will not be processed.

Please feel free to contact the Civil Division should you have questions.

Civil fee schedule.

Subpoena Requests

The Clerk's Office prepares witness subpoenas and subpoenas duces tecum (subpoenas for the production of records) for civil cases. Subpoena requests should be delivered to the Circuit Court Clerk's Office. A letter specifying the request must be provided. Subpoena requests should be in compliance with the Code of Virginia and Rules of the Virginia Supreme Court and this Court's suggested guidelines for the appropriate case type. There is no clerk's fee for issuance of witness subpoenas. For a subpoena duces tecum, a $5.00 clerk's fee must be remitted along with the request. For any type of subpoena, if service is to be perfected by the Sheriff, an additional $12.00 service fee will be required for each subpoena.

Local Rules/Guidelines

The Chesterfield Circuit Court does not have “local rules,” per se. Instead, guidelines have been adopted to ensure proper processing of civil matters before the Court. See the links below:

Suggested Practices and Procedures in Law Cases in the Circuit Courts of Richmond, Chesterfield, Colonial Heights and Henrico

Suggested Guidelines & Practices in Domestic Relations Cases for the 12th, 13th and 14th Judicial Circuits (Chesterfield/Colonial Heights, Richmond and Henrico).

Commissioners in Chancery

Pursuant to Code of Virginia § 8.01-607, "each circuit court may, from time to time, appoint...commissioners in chancery as may be deemed necessary for the convenient dispatch of the business of [the] court."

Click here for a list of commissioners in chancery that have been appointed by the Chesterfield Circuit Court. 

Common Civil Actions

INFORMATION REGARDING FREQUENTLY FILED CIVIL CASE TYPES FOLLOWS:

Garnishments

•  Garnishment forms are available in the Clerk's Office Monday through Friday from 8:00 a.m. to 4:30 p.m. Forms are also available at the website for the Supreme Court of Virginia at www.courts.state.va.us.

•  When filing a garnishment, you must enclose a postage paid envelope addressed to each defendant.

•  The initiating party must complete the proper forms and then file them with the Clerk's Office. Parties requiring assistance in completing these forms should consult an attorney, as Clerk's Office staff are prohibited from providing legal advice pursuant to law.

Restricted or Restored Operator's License

• A petition for a restricted or restored operator's license must be properly prepared in accordance with the Code of Virginia and Rules of the Virginia Supreme Court.
• Petitioners will be required to set a hearing with the secretary of the assigned Judge. The Judges' Chambers may be reached at (804) 748-1333.
• The Clerk's Office has forms available; however, if you elect to utilize these forms, please be advised that they may not be appropriate for every situation. It is the individual's responsibility to research and determine whether the forms are appropriate for his/her specific situation. Clerk's Office staff will not be able to assist in completion of these forms as staff are prohibited by law from giving legal advice.

Condemnations

•  When commissioners are utilized in lieu of a jury in a condemnation matter, payment of these commissioners is the responsibility of the Virginia Department of Transportation (VDOT). Upon receipt of these funds from VDOT's counsel, the Circuit Court Clerk's Office will issue payment to the commissioners.

Top

Divorce

•  In order to initiate a divorce, it is necessary to file the proper pleadings prepared in accordance with the Code of Virginia and Rules of the Virginia Supreme Court.

•  As there are no initiating forms available in the Clerk's Office, it is recommended that you consult an attorney.

Wills and Estates

In the event a civil suit is necessary to resolve issues pertaining to an estate:

•  The proper pleadings must be prepared in accordance with the Code of Virginia and Rules of the Virginia Supreme Court.

•  If a hearing is necessary, parties will be required to set a hearing with the secretary of the assigned Judge. The Judges' Chambers may be reached at (804) 748-1333.

Click here for information regarding the probate process.

Guardian Appointment

Family members may find it necessary to have a guardian and/or a conservator appointed to handle the affairs of an incapacitated individual.

•  The proper pleadings must be prepared in accordance with the Code of Virginia and Rules of the Virginia Supreme Court.

•  Parties will be required to set a hearing with the secretary of the assigned Judge. The Judges' Chambers may be reached at (804) 748-1333.

•  Once a hearing has been held and an order has been entered, the party named as a guardian and/or conservator cannot act in this capacity until he/she is officially qualified by the Clerk. Guardians and/or conservators are qualified through the Probate Division.

•  At the time you schedule a hearing with the Judge, it is suggested that you also contact the Probate Division at (804) 748-1241 to schedule an appointment for qualification. Schedule permitting, every effort will be made to accommodate parties on the same day of the hearing, provided the court order has been entered.

Property Disputes

Suits involving property disputes can be very complex; therefore, it is strongly recommended that you consult with an attorney.

Appointment of Church Trustees

•  Appointment of church trustees is confirmed by order of the Circuit Court.

•  A request for trustee appointment may be initiated by a letter on church letterhead or by petition from an attorney or applicant. If a petition is presented, a court order should also be presented for entry.

•  The application must be accompanied by a copy of the meeting minutes in which the trustees were elected.

•  For initial filings, a copy of the church discipline or by-laws should be included.

Encumbrance and Conveyance of Church Property

•  A petition must be filed by the church trustees requesting permission to sell, encumber, make a gift, exchange, or settle boundaries.

•  There are no initiating forms available in the Clerk's Office. The proper pleadings must be prepared in accordance with the Code of Virginia and Rules of the Virginia Supreme Court.

Adoptions

An adoption proceeding is very complex; therefore, it is strongly recommended that you consult with an attorney. Please be advised Clerk's Office staff cannot offer legal advice or assist you in the preparation of legal pleadings.

Adoption files and proceedings are always handled in the most confidential manner. Therefore, no information will be released over the telephone. Adoption files are only made available for review under very specific circumstances. Clerk's Office staff is available to assist you in this regard.

Name Changes

• In order to initiate a name change, a notarized petition prepared in accordance with the Code of Virginia and Rules of the Virginia Supreme Court must be filed. The petitioner must also provide an order for consideration by the judge. Forms for adult and minor name changes are available in the Clerk's Office. Petition forms may be accessed at the website for the Supreme Court of Virginia at www.courts.state.va.us.

• Form orders for adult and minor name changes are available in the Clerk's Office. In the event form petitions/orders are not used or are unavailable, the proper pleadings must be prepared in accordance with the Code of Virginia and Rules of the Virginia Supreme Court.

Top