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TextAbout Circuit Court
Circuit Court Jurisdiction
Detailed General Information
Setting a Civil Case for Trial by PhoneTraffic Case Appeal Info
Jury Duty
Inclement Weather Policy
Circuit Court Jurisdiction
The authority of the Circuit Court is as follows:
Civil Cases
In civil cases, the Circuit Court has concurrent jurisdiction with the General District Court over claims from $4,500 to $15,000 and exclusive original jurisdiction over claims exceeding $15,000. These claims are called law actions. The Circuit Court also has jurisdiction over all equity matters; these include divorce cases, disputes concerning wills and estates, and controversies involving property.
Criminal Cases
In criminal cases, the Circuit Court has jurisdiction over the trial of all felonies (offenses that may be punished by commitment to State penitentiary) and of those misdemeanors (offenses carrying a penalty of not more than twelve months in jail) originally charged in General District Court. The Circuit Court also has jurisdiction over juveniles aged fourteen and older who are charged with felonies and whose cases have been certified by the judge of a Juvenile and Domestic Relations District Court for trial in a Circuit Court.
Appellate Jurisdiction
The Circuit Court has appellate jurisdiction over all appeals from General District Court in civil and criminal cases and from Juvenile and Domestic Relations District Court in matters originating in that court. Appeals from these district courts are heard de novo; that is, the cases are tried from the beginning as though there had been no prior trial. The parties have the right to a jury trial in the Circuit Court.
The Circuit Court's appellate jurisdiction also extends to appeals from certain administrative agencies.
Detailed General Information
Attorneys and persons representing themselves can find Circuit Court procedures and forms in the Fairfax Circuit Court Practice Manual. This detailed text, including forms and a CD-ROM, is available to the public and attorneys in the Fairfax Public Law Library. Individual copies of the manual may be obtained from the Fairfax Bar Association at 703-246-2740.
Note: Fairfax Circuit Court Motions Procedures and Forms are free and available in the Circuit Court.
Please review Circuit Court procedures for direction on scheduling and memorandum requirements prior to filing a motion.
Setting a Civil Case for Trial by Phone:
Attorneys or parties may place a conference call to the Circuit Court Judges' Chambers 703-691-7320, press 3, 7 to speak with the Chief Judges Administrative Assistant to request a certain date for a trial or hearing. Both parties or counsel must be on the telephone line or one person may select the date with agreement of the other party.
Continuance/Postponement of a Case
The Judges of the Circuit Court have adopted a general policy of disfavoring continuances of cases. The court sets firm trial dates in cases. Continuances or delays of trial are granted only where good cause is shown by the parties or counsel. Lawyers and parties may not agree to continue a case; only a judge may continue a trial after an appropriate consideration of the reasons offered by the lawyers or parties for delay. Difficulty completing routine discovery or general inconvenience are not good reasons to delay a case in our court.
Persons requesting a continuance of a case should arrange to see the Calendar Control Judge in chambers in person (both counsel or parties must be present) or by phone on a conference call. Unless there is mutual agreement to appear, written notice to the opposing counsel or the party must be given of the date and time you will appear in chambers to request a continuance. When you arrive at chambers request a written Request for Continuance Form and complete it prior to seeing the Calendar Control Judge.
Continuance/Postponement of a Traffic Case Appeal
A person requesting a continuance of a traffic case on appeal to the Circuit Court should first attempt to reach the office of the Commonwealth's Attorney (703-246-2776) and discuss appearing in chambers to request the postponement of a trial. The Commonwealth's Attorney must be present with you when you come to chambers or the Commonwealth's Attorney must sign the Court's Request for Continuance form.
Emergency continuances may be granted by calling 703-246-2221 and speaking to the Calendar Control Judge. All parties or all counsel must be on the line at the time of the call. The Calendar Control Judge is available 8:30 a.m.-9:30 a.m., Monday through Friday. Anybody wishing to appear before the Calendar Control Judge must check-in with the receptionist in Judges' Chambers by 9:00 a.m.
Jury Duty
The Court randomly selects 12,000 residents of Fairfax County for two to three week terms of one day or one trial a week service. Jurors are selected from the voter registration lists. An orientation film concerning jury duty is regularly shown on Fairfax County Government Cable Channel 16. This film describes jury service and your responsibilities as a juror. Visit our Jury page for more information.
Inclement Weather Policy
The Fairfax Circuit Court is open five days a week. Parties involved in cases, lawyers and jurors should plan to leave home early with extra time in inclement weather as the court rarely closes.
Like a hospital, the Courthouse renders an essential service to the public. Parties involved in cases spend months and thousands of dollars preparing their cases for trial. Delay of a case due to inclement weather may require the case to be postponed or worse a mistrial resulting in the loss of valuable trial time, unwarranted delay and loss of money invested for expert witnesses for the parties. If you are a juror and have difficulty, please call the court immediately for assistance.
Policy: In the event the Fairfax County Government closes, then the Circuit Court closes.
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