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Civil procedure

res judicata and collateral estoppel

Res judicata is the generic term for a group of related concepts concerning the conclusive effects given final judgments. Within this general doctrine there are two principal categories: (1) claim preclusion—also known as res judicata; and (2) issue preclusion—also known as collateral estoppel.

These legal doctrines generally preclude litigants from relitigating claims and issues that were previously litigated to a final resolution or judgment.

In Virginia, res judicata, or claim preclusion, prevents a party from relitigating a claim that has already been finally adjudicated in a court of competent jurisdiction. Once a final judgment has been rendered, the same parties cannot bring a lawsuit on the same cause of action. Issue preclusion, also known as collateral estoppel, bars the relitigation of specific issues that were actually determined in a prior action between the same parties, even if the current lawsuit is based on a different claim. These doctrines are meant to promote judicial efficiency, respect court decisions, and protect parties from the burden of multiple lawsuits on the same matter. Both state statutes and case law in Virginia govern the application of res judicata and collateral estoppel, and the specific circumstances under which they apply can be complex, often requiring analysis by an attorney to determine their effect on a given case.

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Civil procedure

res judicata and collateral estoppel

Individual & Family Legal Plan

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Virginia State Code

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Civil procedure

res judicata and collateral estoppel