File a Civil Case in the Circuit Court

Availability:

  Via Mail

  In Person

Civil – General Information

All forms are available on the Virginia Supreme Court website

All filing fees are payable only by cash, check or money order.

Petition for Restoration of Driving Privilege

Petition for Restoration of Driving Privilege for Habitual Offender
Petition for Restoration of Driving Privilege Third Offense DUI

Total amount due: $110.00

• Download and complete petition (choose which best fits your circumstances)
• Bring current (less than 30 days old) Compliance Summary and Driving History (obtain from DMV)
• You will be assigned a court date at the time of filing

Petition for Restricted License-Unauthorized Driving or Failure to Pay Fines/Costs

Petition for Restricted License-Unauthorized Driving or Failure to Pay Fines/Costs

Total amount due: $86.00

• You may find the petition(s) on the above website under “General District forms-Traffic”
• Need current (less than 30 days old) Compliance Summary and Driving History (obtain from DMV)

Petition for Expungement Filed in a Circuit Court

Petition for Expungement Filed in a Circuit Court Pursuant To § 19.2-392.2 A

Total amount due: $98.00

• Download and complete petition (choose which best fits your circumstance)
• Bring certified copy(s) of your charge(s) with petition*
  *You will need to go to the court where your were charged to obtain certified copies of charges

Application for Change of Name

Application for Change of Name (Adult)
Application for Change of Name (Minor)

Total amount due: $41.00

• You must be a Henrico County resident to apply
• Provide Drivers License, Birth Certificate, Divorce Decree and/or marriage license (if applicable)
• And any other supporting documentation at the time of filing
• If driver’s license does not have Henrico street address on it, please provide a current billing statement, lease or utility bill to prove residency

Petition to Correct a Vital Record

Filing Fee: $31.00

There is no form for this filing.

• Customer must prepare their own Petition, and attach copies of supporting documents. (Marriage License, Birth Certificate, Death Certificate)
• If Petition for Marriage License correction, both Bride and Groom must sign.
• The Petitioner(s) signature(s) must be notarized before bringing in to file, we cannot witness these.
• Please provide contact information on the petition: Address and local phone number.

What are Civil Cases?

Civil cases are disputes between individuals or entities, or groups of individuals or entities. Typical civil disputes are ones in which monetary damages are sought stemming from tort (civil wrong) or breach of contract. Not all civil cases stem from monetary or contract disputes. Examples include, but are not limited to, divorce, annulment, adoption, partition of real estate, will and estate matters, name changes, appointments of church trustees and encumbrance or conveyance of church property.

The Circuit Court serves as the appellate court in civil cases appealed from the General District Court. Likewise, the Circuit Court serves as the appellate court in civil (domestic relations) cases appealed from the Juvenile and Domestic Relations District Court, typically child support, custody and visitation matters.

In civil cases where monetary claims range from $4,500 to $25,000, the Circuit Court has concurrent jurisdiction with the General District Court. Monetary disputes involving more than $25,000 fall within the exclusive jurisdiction of the Circuit Court. In civil cases of a domestic relations nature, the Circuit Court has exclusive jurisdiction in divorce and annulment matters, including property settlement/equitable distribution of marital assets. Matters involving child support, custody, and visitation may or may not originate in the circuit court, depending on various factors.

When filing a civil case in the Circuit Court, the filing party is responsible for ensuring that all pleadings are prepared in accordance with the Code of Virginia and Rules of the Virginia Supreme Court. Unlike the two District Courts, the Circuit Court does not typically provide “forms” for use by litigants in filing civil suits. Hence, it is strongly recommended that the services of an attorney be employed when filing a civil action at the Circuit Court level.
NOTE: Clerk’s Office personnel are strictly prohibited from providing legal advice.

Forms

The Clerk’s Office does not stock forms for civil matters. The Supreme Court of Virginia makes certain forms relating to civil actions available on its web site. https://www.courts.state.va.us/forms/circuit/home

Restore Gun Rights

Subpoena Requests

The Clerk’s Office prepares witness subpoenas and subpoenas duces tecum (subpoenas for the production of records) for civil cases. Subpoena requests should be delivered to the Circuit Court Clerk’s Office. A letter specifying the request must be provided. Subpoena requests should be in compliance with the Code of Virginia and Rules of the Virginia Supreme Court and this Court’s suggested guidelines for the appropriate case type. There is no clerk’s fee for issuance of witness subpoenas. For a subpoena duces tecum, a $5.00 clerk’s fee must be remitted along with the request. For any type of subpoena, if service is to be perfected by the Sheriff, an additional $12.00 service fee will be required for each subpoena.

Local Rules – Guidelines

Henrico Circuit Court does not have “local rules,” per se. Instead, guidelines have been adopted to ensure proper processing of civil matters before the Court. See the links below:

Suggested Practices and Procedures in Law Cases in the Circuit Courts of Richmond, Chesterfield, Colonial Heights and Henrico

Suggested Guidelines & Practices in Domestic Relations Cases for the 12th, 13th and 14th Judicial Circuits (Chesterfield/Colonial Heights, Richmond and Henrico).

Clerk’s Office staff are unable to provide legal advice in relation to determining whether such forms will meet your needs.