16.1-114.1 - Principles applicable in trial of appeals; defective or irregular warrants or motions. - Virginia Statutes

§ 16.1-114.1. Principles applicable in trial of appeals; defective orirregular warrants or motions.

Actions or proceedings appealed from district courts shall be tried accordingto the principles of law and equity, and when the same conflict theprinciples of equity shall prevail. No warrant, motion or other pleadingshall be dismissed by reason of a mere defect, irregularity or omission inthe 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. Inany such case the court of record shall retain the same, with full power todirect all necessary amendments, to enter orders and direct proceedings tocorrect such defects, irregularities and omissions, to promote substantialjustice to all parties, and to bring about a trial of the merits of thecontroversy. In any case where an appeal is taken by a defendant the circuitcourt may direct amendments to increase the amount of the claim above thejurisdictional amount set forth in § 16.1-77. This section shall be liberallyconstrued, to the end that justice is not delayed or denied by reason oferrors in the pleadings or in the form of the proceedings.

(1986, c. 45; 1997, c. 753; 2007, c. 869.)