LEXBAR RULES TO REMEMBER Flashcards
what is the 21-day rule after entry of a final judgment?
If a party is asking a trial court to do something after entery of a judgment – that party only has 21 days to do so. However, if the party is just informing the trial court that it is going to appeal, it has 30 days to do so.
After entry of a final judgment, a case “rests in the breast of the court” for 21 days. After the 21 day period, the trial court has no further jurisdiction over the case. If the day that the court ceases to have jurisdiction, i.e. court is closed, then it would be the next day the court is open.
appeals - where do appeals go after trial court?
Civil Appeals are as of right to the VA Court of Appeals. A party who loses in the Court of Appeals may petition the Virginia Supreme Court to hear the case. (does not have to file a petition to appeal or ask to appeal) – simply need to file their brief and other related documents.
If a petition for a civil appeal is incorrectly filed in the wrong appellate court, that court will transfer the case to the correct appellate court.
what happens if an appeal is filed in the wrong appellate court?
If a petition for a civil appeal is incorrectly filed in the wrong appellate court, that court will transfer the case to the correct appellate court.
for-cause strikes
When a potential juror is related to a party, has any interest in the case being tried, or has expressed an opinion or bias in the matter, he can be stricken from the panel FOR CAUSE.
It would be reversible error for a court to force a party to use one of their peremptory strikes when the juror should be stricken for cause. (i.e. if there are groudns to strike a juror for cause – court must do so and cannot count this as a peremptory strike against one of the parties because it is a strike for cause)
what if judge forces party to use one of their peremptory strikes?
It would be reversible error for a court to force a party to use one of their peremptory strikes when the juror should be stricken for cause. (i.e. if there are grounds to strike a juror for cause – court must do so and cannot count this as a peremptory strike against one of the parties because it is a strike for cause)
peremptory strikes
Peremptory stikes can be done for any race or gender neutral reason, but can be used for pretty much any other reason.
preservation of error – issues/assignments of error
Issues (“assignments of error”) raised on appeal for the first time will NOT be considered by the appellate court UNLESS the “ends of justice” exception applies.
- In general, trial counsel must have objected to the issue, and given the trial judge a chance to rule on it, in order for that issue to be considered on appeal.
- The “ends of justice” exception is applied in extreme cases where the court must correct a grave injustice. (almost unheard of that they will apply this exception in civil cases; might see it in a criminal case where someone’s life hangs in the balance)
