Can I have a jury trial in a small claims court case?

In the State of Virginia, the answer to this question is no. Jury trials are not available in small claims court cases. This type of court is designed to allow individuals to bring their disputes before a judge to resolve without the need of a jury. The law limits the amount of money a plaintiff can seek in a small claims court to $5,000. Cases involving a larger amount must be taken to a different court. The process in small claims court is more streamlined, so a jury is not necessary. A plaintiff will need to fill out a claim form, pay a filing fee, and present evidence and witnesses to the court. The defendant will have the opportunity to respond to the claim and present counter-evidence and witnesses to the judge. The judge will then make a ruling based on the evidence presented. Although jury trials are not available in small claims court, the decision of the judge is final and binding. This means that if either party is unhappy with the ruling, they can appeal the decision to the general district court. Appeals must be filed within 15 days of the small claims court’s decision. If the claim is a civil dispute, the plaintiff may also proceed to the circuit court, but this option is much more costly and complex.

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Can I have a jury trial in a small claims court case?

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