Can I request a trial by written declaration in small claims court?
Yes, you can request a trial by written declaration in small claims court in Virginia. The Virginia Code of Civil Procedure allows for trials by written declaration in certain situations, such as small claims court cases of up to $5,000. This means that instead of appearing in front of a judge, you and any involved parties would present your case in writing and the judge would then make a decision. In order to request a trial by written declaration in small claims court, you must complete the necessary forms in advance and submit them to the clerk of the court. These forms include an affidavit, which is a sworn statement about the facts of your case, a statement of the dispute, and a request for the judge to hear the case. All parties involved in the case must sign the forms as well. Once all of the forms are submitted, the court may set a date for the trial by written declaration. All parties will then have an opportunity to submit written arguments, documents, and any other evidence they choose to present in support of their case. The judge will then review all the written documents in order to make a decision. Although it is possible to request a trial by written declaration in small claims court in Virginia, it is important to keep in mind that a judge is allowed to deny your request. Therefore, it is important to make sure that you have all the necessary documents and evidence ready in the event that your request is denied.
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