Actions or proceedings appealed from district courts shall be tried according to the principles of law and equity, and when the same conflict the principles of equity shall prevail. No warrant, motion or other pleading shall be dismissed by reason of a mere defect, irregularity or omission in the proceedings in the district court, or in the form of any such pleading, when the same may be corrected by a proper order of the court of record. In any such case the court of record shall retain the same, with full power to direct all necessary amendments, to enter orders and direct proceedings to correct such defects, irregularities and omissions, to promote substantial justice to all parties, and to bring about a trial of the merits of the controversy. In any case where an appeal is taken by a defendant the circuit court may direct amendments to increase the amount of the claim above the jurisdictional amount set forth in § 16.1-77. This section shall be liberally construed, to the end that justice is not delayed or denied by reason of errors in the pleadings or in the form of the proceedings.
1986, c. 45; 1997, c. 753; 2007, c. 869.
Structure Code of Virginia
Title 16.1 - Courts Not of Record
Chapter 6 - Venue, Jurisdiction and Procedure in Civil Matters
§ 16.1-77. Civil jurisdiction of general district courts; amending amount of claim
§ 16.1-77.1. When general district court may give judgment on forthcoming bond
§ 16.1-77.2. Jurisdiction of partition of personal property and proceedings therefor
§ 16.1-78. Judgment by confession not affected
§ 16.1-79. Actions brought on warrant
§ 16.1-79.1. Electronic filing of civil cases
§ 16.1-80. Service of warrant and return thereof
§ 16.1-81. Actions brought by motion for judgment
§ 16.1-81.1. Certain corporations; pro se representation
§ 16.1-82. Service of motion; return thereon and delivery to the court; how disposed of
§ 16.1-83. Consent of parties required for trial within five days of service
§ 16.1-83.1. Certification of expert witness opinion at time of service of process
§ 16.1-84. When action or proceeding not lost; when matured for hearing
§ 16.1-85. What term "warrant" to include
§ 16.1-86. When action deemed brought
§ 16.1-88. Procedure when plaintiff sues on sworn claim
§ 16.1-88.03. Pleadings and other papers by certain parties not represented by attorneys
§ 16.1-89. Subpoena duces tecum; attorney-issued subpoena duces tecum
§ 16.1-90. Recognizance upon continuation of case
§ 16.1-91.1. Costs to be included in judgment on forthcoming bond
§ 16.1-91.2. Judge to keep record of judgment on forthcoming bond; how to endorse execution
§ 16.1-93. Principles applicable to trial of cases
§ 16.1-94. Judgment to be noted on papers; formal orders may be entered
§ 16.1-94.01. When and how satisfaction entered on judgment
§ 16.1-94.1. Limitations on enforcement of district court judgments
§ 16.1-95. Abstract of judgment
§ 16.1-96. What abstract to contain
§ 16.1-97.1. When a new trial is granted
§ 16.1-98. Fieri facias or writ of possession on judgment
§ 16.1-99. When and where executions returnable; to whom directed
§ 16.1-100. Additional executions; by whom issued
§ 16.1-101. Proceedings against officer failing to make or making improper return
§ 16.1-102. Officers and sureties liable for money collected after return day
§ 16.1-103. Proceedings by interrogatories
§ 16.1-106. Appeals from courts not of record in civil cases
§ 16.1-106.1. Withdrawal of appeal in civil cases
§ 16.1-107. Requirements for appeal
§ 16.1-108. Deposit of money in lieu of bond
§ 16.1-109. Appellate court may require new or additional security
§ 16.1-110. Bankruptcy of appellant does not release surety
§ 16.1-111. Court to which appeal sent
§ 16.1-112. All papers transmitted to appellate court; further proceedings
§ 16.1-114.1. Principles applicable in trial of appeals; defective or irregular warrants or motions
§ 16.1-117. When papers in civil cases in certain municipal courts may be destroyed
§ 16.1-118. When papers in civil cases returned to courts of record may be destroyed
§ 16.1-118.1. Destruction of papers in civil cases in certain district courts
§ 16.1-119. Proceedings to try title to property levied on under distress or execution
§ 16.1-120. Summons in such case
§ 16.1-121. Order after hearing
§ 16.1-122.1. Small claims court; designated
§ 16.1-122.3. Actions; how commenced; notice; continuances; pleadings
§ 16.1-122.4. Representation and removal; rights of parties
§ 16.1-122.5. Informal hearings; rules of evidence suspended