Lex Bar Rules (VA Civ Pro)

Question 1

Within 21 days of a trial court’s final order

Answer 1

The trial court may modify, suspend, or vacate its final order

Question 2

Circuit Courts retain jurisdiction to consider post-trial motions

Answer 2

21 days after the entry of a final order

Question 3

Appeals of a civil matter from the Circuit Court are

Answer 3

As of right to the Virginia Court of Appeals

Question 4

When a party files in the wrong appellate court

Answer 4

The matter cannot be dismissed, but must be transferred to the correct appellate court for consideration

Question 5

If a juror is related to either party of a case, has any interest in the outcome of the case, or has any apparent bias or prejudice to any party

Answer 5

The Court must strike the juror for cause

Question 6

Where a juror should be stricken for cause

Answer 6

The juror’s later removal through the use of a peremptory strike does not cure the error or make it harmless

Question 7

For an error to be considered on appeal

Answer 7

The error must be raised in the trial court by way of objection

Question 8

An appellate court will not consider any issue raised for the first time on appeal

Answer 8

Unless the appellate court elects to apply the “ends of justice” exception