Civil Law Division

The purpose of this information is to better inform the general public of procedural matters. Nothing contained herein is intended to advise anyone as to legal remedies for a particular circumstance. Circuit Court Clerks and their Deputy Clerks cannot render legal advice.

One of the most common questions asked upon the filing of a civil action has always been ..... Is the case to be filed "at law" or "in equity".  Prior to January 1, 2006, cases were distinguished as either "Law" or "Chancery" and filed on either the law or chancery "side" of the court.  Effective January 1, 2006, however,  amendments to the "Code of Virginia" and the Rules of Court eliminated the distinction as either "Law" or "Chancery" and instead classified cases as "Civil", in essence abolishing the "chancery side" of the court.  While the case itself may remain either "legal" or "equitable" in nature, beginning January 1, 2006, the case is filed in the unified Civil Division of the Court.  (Clerk's Civil Manual 1/2006) 

     Law (Legal)

          A. Administrative Appeal
          B. Annexation
          C. Compromise Settlement
          D. Concealed Weapons Permits (Handgun)
          E. Condemnation
          F. Confession of Judgment
          G. Conservator of the Peace
          H. Contract (Seeking Money Damages)
          I.  Forfeitfure
          J.  Garnishments
          K. General District Court Appeals/Removals
          L.  Habeas Corpus
          M. Habitual Offenders
          N. Mandamus
          O. Motion for Judgment now known as >>> Complaint 
          P. Restore Driving Privilege
          Q. Writ of Certiorari
          R. Wrongful Death

Civil cases are most often disputes between two private persons (individuals, groups or corporations), at least one of whom feels he or she has been wronged by the other. A "case in law" is a dispute in which monetary damages are alleged. A "case in equity" (f-k-a   Chancery) is a dispute involving something other than money (such as cases about custody, divorce, estates, property ownership and wills).

Civil Division Area

To initiate a "case in law," the person bringing about the case (the Plaintiff) must file a "Complaint" f-k-a Motion for Judgment with the Clerk of Circuit Court. The Circuit Court has jurisdiction (the authority to hear) for the following types of "cases in law:"

If damages are alleged to be more than $3,000 but less than $15,000, the case may be heard in either General District Court OR Circuit Court.

If damages are alleged to exceed $15,000, the Circuit Court has exclusive original jurisdiction.

The Circuit Court also hears attachments and claims made against the validity of local ordinances and corporate bylaws and appeals of decisions made by certain administrative agencies (i.e., determination of  habitual offender status).

In either case, the person against whom the complaint is brought (the Defendant) has 21 days after he or she is served with process (notified of the suit) to respond to the motion or complaint. In a "case in law," the response is called a "Grounds of Defense." In a "case in equity," the response is called an "Answer." If the Defendant does not reply within 21 days, he or she is considered "in default." This means the Defendant admits the facts alleged in the motion or complaint and judgment may be awarded to the Plaintiff.

A Defendant in a civil case may bring a counterclaim against the Plaintiff or a cross-claim against another Defendant. Both of these claims also require a response within 21 days.

Many disputes can be resolved without the expense and stress of a lawsuit.  You can find information on court-approved mediation at the  State of Virginia Courts website .

Current and past "cases in law and equity" (f-k-a Chancery), as well as any Judgments that may result from such cases, are fully searchable in the  public records room of the Office of the Clerk of Circuit Court on the second floor of the Roanoke County Courthouse.

All fees are payable to the Clerk of Roanoke County Circuit Court. Please check with the Clerk's Office for the appropriate filing fees.

To obtain forms concerning Attorney-Issued Subpoenas (Witness and Subpoena  Duces Tecum) visit the State of Virginia Courts website .

Civil Docket Call convenes the first Friday of February, April, June, October and December and the second Friday in August, all at 11:00 a.m.  Gernerally, civil trials begin at 9:00 a.m.