Lawsuits in Chesterfield Circuit Court

 

An Attorney’s Guide on What to Expect in the Chesterfield Circuit Court

 

Most civil lawsuits settle.

 

But many do not. Or do not get resolved until the plaintiff files a lawsuit (complaint) with the proper court.

 

For those of you with significant injuries from an auto accident or someone else’s negligence in Chesterfield County, the Chesterfield Circuit Court is where you will file a lawsuit. And it is where a judge or jury of your peers will render a verdict if you cannot negotiate a fair accident settlement with the defendant or its insurance company (Geico, State Farm, etc.)

 

This article aims to give information about the Chesterfield Circuit Court. I hope this information and the other articles on my website help you decide where to file a civil lawsuit and how to present your legal case as effectively and efficiently as possible.

 

Keep reading to learn more.

 

And contact us if you have questions or want to discuss a civil action in the Chesterfield County Courts. See why other attorneys and past clients have voted me one of Virginia’s best personal injury lawyers.

 

 

Chesterfield County, Virginia Facts – Know Your Community

 

Choosing the right venue (location) to file a civil action is critical to increasing your likelihood of success.

 

Therefore, familiarity with and knowledge of Chesterfield and the judges and jurors who may decide your case is necessary.

 

Let’s take a closer look at Chesterfield County.

 

Known as Richmond’s “South Side,” Chesterfield County is one of the most populous counties in Virginia, with more than 364,000 residents as of 2020.

 

Its neighbors include Henrico County, Richmond, Charles City County, Hopewell, Prince George County, Colonial Heights, Petersburg, Dinwiddie, Amelia County, Powhatan County, and Goochland County.

 

Communities in Chesterfield County

 

Chesterfield’s neighborhoods and communities include: 

 

• Bellwood

 

• Bensley

 

• Bon Air

 

• Brandermill

 

• Briarwood

 

• Chester

 

• Chesterfield Courthouse

 

• Clover Hill

 

• Enron

 

• Ettrick

 

• Genito

 

• Hampton Park

 

• Hull Street

 

• Magnolia Green

 

• Manchester

 

• Matoaca

 

• Meadowbrook

 

• Midlothian

 

• Moseley

 

• Reams

 

• Robious

 

• Rockwood

 

• Salisbury

 

• Skinquarter

 

• Smoketree

 

• Stonehenge

 

• Walton Park

 

• Winterpock

 

• Woodlake

 

Main Roads in Chesterfield County

 

Car accidents in Chesterfield are common due to the high number of people living and working there.

 

And many lawsuits arising from these auto accidents are filed in the Chesterfield Circuit Court.

 

Below are some of the highly traveled Chesterfield roadways where motor vehicle collisions occur:

 

• Anderson Highway

 

• Bailey Bridge Road

 

• Beulah Road

 

• Broad Rock Boulevard

 

• Buford Road

 

• Center Pointe Parkway

 

• Chippenham Parkway (including State Routes 150 and 895)

 

• Coalfield Road

 

• Courthouse Road

 

• Dalebrook Drive

 

• Elkhardt Road

 

• Genito Road

 

• Hopkins Road

 

• Hull Street Road (US Route 360)

 

• Interstate 85

 

• Interstate-95

 

• Interstate-295

 

• Jahnke Road

 

• Jefferson Davis Highway

 

• Lewis Road

 

• Lucks Lane

 

• Midlothian Turnpike (US 60)

 

• North Providence Road

 

• North Spring Run Road

 

• Old Bermuda Hundred Road

 

• Old Buckingham Road

 

• Old Gun Road

 

• Old Otterdale Road

 

• Pocahontas Parkway

 

• Powhite Parkway

 

• Reams Road

 

• River Road

 

• Robious Road

 

• Route 288

 

• Ruffin Mill Road

 

• Salisbury Road

 

• State Route 10

 

• State Route 36

 

• State Route 144

 

• Taylor Road

 

• US Route 301

 

• Winterpock Road

 

• Woolridge Road

 

Major Employers in Chesterfield County

 

There are many occupations in the Chesterfield economy. And nurses, teachers, truck drivers, manufacturing employees, and construction workers are well represented.

 

Many companies call Chesterfield home or have significant operations here. 

 

The largest employers in Chesterfield include:

 

• Chesterfield County Public Schools

 

• Amazon Fulfillment Services

 

• HCA Virginia Health System (Chippenham and Johnston-Willis Hospitals, etc.)

 

• United Parcel Service (UPS)

 

• Walmart

 

• Dupont

 

• Kroger

 

• Bon Secours Richmond Health Systems

 

• Food Lion

 

• Capital One

 

• Integrity Staffing Solutions

 

• InterSpan, Inc.

 

• Maximum Services LLC

 

• Lowe’s 

 

• Hill Phoenix

 

• Sabra Dipping Co (partly owned by Pepsi)

 

• Abilene Motor Express (a trucking company)

 

• The Home Depot

 

• YMCA

 

• Wawa

 

• Target Corp

 

• Atlantic Constructors

 

• Wegmans

 

• John Tyler Community College

 

• ACAC

 

What Types of Cases Does the Chesterfield Circuit Court Hear?

 

Circuit courts are the trial courts of general jurisdiction in Virginia. They have the broadest powers of any trial court in the Commonwealth. 

 

The Commonwealth has thirty-one circuit courts – one in each city and county. 

 

The Chesterfield Circuit Court is the Twelfth Judicial Circuit. And like other circuit courts in the Commonwealth, it has the authority to hear (jurisdiction) the following types of cases:

 

• Civil and criminal appeals from the General District Court (including misdemeanor convictions) and the Juvenile and Domestic Relations (JDR) Court 

 

• Civil cases seeking more than $4,500 in damages, exclusive of attorney fees and costs and interest (including civil actions for personal injury and wrongful death)

 

• Disputes over wills and estates

 

• Family law matters (adoption, divorce, name changes, etc.)

 

• Felony criminal charges (offenses punishable by incarceration in the state prison)

 

• Real property (includes real estate) disputes

 

What is the Chesterfield Circuit Court’s Physical Address?

 

The Chesterfield Circuit Court is located at 9500 Courthouse Road, 2nd Floor, near the offices of Chesterfield County’s other government agencies.

 

In addition, the Chesterfield County court systems also use the Historic 1917 Courthouse, located at 10011 Iron Bridge Rd. This building sits where the first colonial courthouse stood (built in 1749). 

 

What is the Chesterfield County Circuit Court Mailing Address?

 

Use the address below when mailing the courthouse:

 

Chesterfield County Circuit Court

P.O. Box 125

Chesterfield, VA 23832

Phone: 804-748-1241

 

Who is the Clerk of the Chesterfield County Circuit Court?

 

The circuit court clerk is a constitutional officer elected to an eight-year term by residents of Chesterfield County.

 

The clerk handles administrative matters for the circuit court and serves as the custodian of the court’s records. In addition, the circuit court clerk has the authority to perform other functions such as appointing guardians or probating wills.

 

Examples of the clerk’s usual duties include:

 

• Appointing administrators and executors

 

• Preparing the court dockets

 

• Receiving, filing, and recording papers

 

• Recording and indexing deeds

 

The clerk of the Chesterfield County Circuit Court is the:

 

Honorable Wendy S. Hughes

P.O. Box 125

Chesterfield, VA 23832

Phone: 804-748-1241

Fax: 804-796-5625

 

The Clerk’s Office is open from 8:00 AM to 4:00 PM, Monday through Friday.

 

How Do I File Documents with the Clerk of the Circuit Court in Chesterfield?

 

The Chesterfield County Circuit Court accepts filings (such as complaints starting lawsuits) by mail, courier, or hand delivery.

 

As of May 2022, the Chesterfield Circuit Court does not have e-filing capabilities and will not accept a filing by email, internet, or fax.

 

Do I Have to Pay a Fee When Filing a Pleading with the Circuit Court?

 

You will have to pay a civil filing fee when you file a personal injury lawsuit in the Chesterfield County Circuit Court.

 

The civil fee depends on:

 

• The type of civil case you want to file

 

• The award of monetary damages you seek

 

• Whether you want a sheriff to serve (deliver) a copy of the civil pleading to the defendant at the address you provide

 

• The number of defendants named in your lawsuit

 

For example, you must pay a filing fee of $306.00 if you file a motor vehicle complaint seeking $300,000.00 in damages and ask the Chesterfield County Sheriff’s Office (Karl S. Leonard, P.O. Box 940, Chesterfield, VA 23832, phone: 804-747-1261) to serve a copy on the defendant driver.

 

Who are the Chesterfield County Circuit Court Judges?

 

Circuit court judgeships are political appointments – it takes a majority vote of both houses of the General Assembly to be elected.

 

But legislative approval is not all a person needs to earn a judgeship.

 

The Virginia Constitution provides that circuit court judges must be Virginia residents and have been admitted to the bar for five years (or more) before their appointment or election.

 

Six judges hear cases filed in the Chesterfield County Circuit Court.

 

These judges are:

 

• Hon. Edward A. Robbins Jr., Chief Judge

 

• Hon. Lynn S. Brice (However, the Senate Judiciary Committee decided to remove Judge Brice’s name from a list of judicial reappointments in January 2022).

 

• Hon. David E. Johnson

 

• Hon. Steven C. McCallum

 

• Hon. M. Duncan Minton Jr.

 

• Hon. Jayne A. Pemberton

 

How Do I Contact the Judge Presiding in My Case?

 

There are ethical restrictions on the contact parties (and their attorneys) may have with the judge presiding in their case.

 

Therefore, you should direct all communication to the Clerk of the Circuit Court or the staff in the judges’ chambers. In addition, all written pleadings, motions, or exhibits should be sent to the clerk’s office, though it is okay to send courtesy copies to the Judges’ Chambers.

 

The legal secretaries and assistants manage the scheduling for civil matters (including lawsuits arising from motor vehicle collisions, defective products, intentional torts, or slip and fall accidents).

 

Here is the contact information for the Judges’ Chambers in Chesterfield Circuit Court:

 

• Telephone: 804-748-1333 (you can reach the Judges’ Law Clerks here for civil matters)

 

• Judicial Administrator – Tricia Muller (MullerT@chesterfield.gov)

 

• Legal Assistant to Judges McCallum and Johnson – Beth Ball (BallB@chesterfield.gov)

 

• Legal Assistant to Judges Robbins and Pemberton – Teresa Ryan (RyanT@chesterfield.gov)

 

• Legal Assistant to Judge Brice – Tiffany White (WhiteTC@chesterfield.gov)

 

• Legal Secretary – Trisha Quimby (QuimbyT@chesterfield.gov)

 

How Do I Docket My Case for a Hearing or Trial in the Chesterfield Circuit Court?

 

There are two ways to set your case for a hearing or trial in a civil matter (after the parties have submitted formal pleadings and engaged in discovery).

 

Scheduling a Hearing or Trial by Contacting the Judges’ Chambers

 

The best way to set a hearing date or trial is to contact the Judges’ Chambers directly.

 

First, you should contact the opposing party (or its counsel) to get a list of available dates. Then you should call or email the assigned Judge’s Legal Assistant to schedule a hearing or trial date that works. And remember, you should know the case number, case style, and whether a jury is requested when you contact the Legal Assistant.

 

Scheduling a Hearing or Trial Date During a Docket Call

 

The second way to get a hearing or trial date is to attend a docket call.

 

In the Chesterfield Circuit Court, the judges hold docket calls on designated days (Monday, Wednesday, and Friday) and times. You will attend the docket call for the judge presiding over your case.

 

The docket call is first-come, first-served. And if the motion is contested or will take more than fifteen minutes to present because testimony is needed, you may get pushed to a different date. Therefore, you may spend a lot of time in the courtroom if you choose this method to schedule or try motions hearings.

 

Notice the Trial

 

After the case is set for trial in the Chesterfield Circuit Court, the moving party (the plaintiff) must send a notice to the opposing counsel/party. This notice will state the date and time of the trial.

 

The trial date determines when exhibits are due (usually ten days before trial).

 

What Do I Do if I Cannot Attend the Hearing or Trial?

 

If you cannot attend a hearing or trial, you must submit a written request for continuance as far in advance as possible.

 

The motion must state why you need the continuance.

 

The circuit court judge has the discretion to continue the case for good cause shown.

 

 

Does the Courtroom Have Technology Capabilities?

 

Yes, each courtroom in the Chesterfield Circuit Court has one document camera with Audio/Visual screen-sharing display technology available. This technology can help you present digital evidence that proves your claim.

 

However, you (or your attorney) are responsible for providing all other devices and ensuring it works.

 

I recommend contacting the presiding judge’s legal assistant at least two weeks before your trial date to ask for courtroom availability for testing. Generally, the court will allow you to use your devices in an empty courtroom to make sure everything runs smoothly.

 

Will a Court Reporter be Present at My Hearing or Civil Trial in Chesterfield?

 

In criminal trials, the court provides a court reporter.

 

This is not true in civil cases.

 

However, the parties may hire a court reporter in civil cases. And I recommend it. You never know when you will need past testimony or statements to prove your claim.

 

Virginia Code Section 8.01-420.3 states:

 

Upon the request of any counsel of record … and upon payment of the reasonable cost … the court reporter covering any proceeding shall provide the requesting party with a copy of the transcript of such proceeding or any requested portion thereof.

 

The court shall not direct the court reporter to cease recording any portion of the proceeding without the consent of all parties or of their counsel of record.

 

Whenever a party seeks to introduce the transcript or record of the testimony of a witness at an earlier trial, hearing, or deposition, it shall not be necessary for the reporter to be present to prove the transcript or record, provided the reporter duly certifies, in writing the accuracy of the transcript or record.

 

Court reporters who transcribe testimony in Chesterfield include:

 

• Capitol Reporting Inc.

 

• Crane-Snead and Associates

 

• Farnsworth and Taylor Reporting

 

You (or your attorney) should contact one of these court reporting companies (or another) to record important hearings and the trial.

 

Things to Remember When You Attend Court in Chesterfield County

 

The Chesterfield County Circuit Court has established rules for all persons attending court.

 

These rules include:

 

• You cannot bring firearms or weapons into the court building

 

• Without pre-approval, you cannot bring portable electronic devices (cell phones, laptops, tablet computers, etc.) into the court. However, this rule does not apply to persons who show credentials as licensed attorneys, court reporters, law enforcement officers, or interpreters.

 

In addition, I recommend that you:

 

• Dress professionally and conservatively, as if you are going to a job interview.

 

• Get organized before you show up to court. This means having your documents in folders and tabbed so that you can find them quickly.

 

Does the Chesterfield Circuit Court Have Jurisdiction Over My Work Accident Claim?

 

No.

 

Generally, workers compensation law applies to claims for personal injuries arising from workplace accidents. Indeed, the Workers Compensation Commission, not the Chesterfield Circuit Court, has jurisdiction over workers comp claims for benefits.

 

Those who suffer an injury when working in Chesterfield (or for a local employer) will have a workers comp hearing by video or in the Commission’s Richmond headquarters. However, a hearing is unnecessary if the employer or its insurer or claim administrator (Sedgwick, Travelers, Gallagher Bassett) offers an award letter or workers comp settlement that you accept.

 

Something to look out for, though – it is possible to have concurrent workers comp and civil actions from the same work accident. For example, you may have a workers comp claim and a tort lawsuit based on negligence if you get hurt in a work-related car crash caused by someone else. In this situation, the Commission handles the workers compensation case, and the Chesterfield Circuit Court has the authority to decide the tort claim (also called a third-party action).

 

Attorney Practice Tips in Chesterfield County Courts

 

Hiring an attorney with knowledge of the court where your case is pending is a good move.

 

My colleague, Brent Jones, has experience handling personal injury and other matters in Chesterfield County courts.

 

Here are some of his practice tips for attorneys presenting cases in Chesterfield:

 

• Most importantly, be respectful and courteous to the clerks, deputies, and other court staff. They are the gatekeepers to everything in the courthouse.

 

• Always arrive early for hearings. I recommend at least 30 minutes early. This allows time to get through the security check and find what courtroom your case is assigned to. Additionally, most of the time, you can check-in with the courtroom clerk prior to start of the docket.

 

• If it is your first time appearing before a judge, always introduce yourself when you approach the bench. For young lawyers, always state your name and what firm you work for, and if you have a business card, offer to give one to the judge for the file.

 

• Be courteous to your opposition and make sure you actually make a good faith effort to resolve any litigation disputes (especially discovery) prior to scheduling a hearing.

 

Top-Quality Legal Representation for Your Civil Case in Chesterfield County Circuit Court

 

We handle severe injury cases throughout Virginia. But our lawyers call Chesterfield County home.

 

If you or a loved one have a question about pursuing your legal rights, call us today. We are here to help.