Civil

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 or breach of contract. These types of cases include motor vehicle accidents, confessions of judgments, default judgments, condemnation cases etc. Not all civil cases stem from monetary contracts or disputes. Examples include but are not limited to divorce, adoption, partition of real estate, will and estate matters, name changes, appointments of church trustees and encumbrance or conveyance of church property, restoration of driving privileges for a Habitual Offender and/or a 3rd Offence Driving Under the Influence, etc.

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. These typically are child support, custody and visitation matters.

Monetary disputes involving more than $25,000 falls within the exclusive jurisdiction or the Circuit Court.

Filing Requirements

A Henry County Civil Cover Sheet must be used for all initial filings

Unlike the two District Courts, Circuit Court does not typically provide "forms" for the use of litigants in filing civil suits. Attorneys or pro-se parties are to prepare the legal documents needed to file a suit. When filing a civil case in Circuit Court, the filing party is responsible for ensuring that all pleadings are in accordance with the Code of Virginia and Rules of the Virginia Supreme Court. 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. We strongly suggest that you seek legal advice from an attorney.