Pleadings

Question 1

All pleadings must state

Answer 1

the facts on which the party relies in numbered paragraphs

Question 2

What is a motion craving oyer?

Answer 2

Requires a party to produce a document that should have been attached to the pleading

Question 3

What is the outcome of a successful motion craving oyer?

Answer 3

Document is treated as though it was annexed to the pleading

Question 4

What is the attorney certificate? (FRCP 11)

Answer 4

Signed by attorney, it certifies atty has read document - to the best of her knowledge it is ground in fact or law - it is not for harassment or delay

Question 5

What if attorney refuses to sign certificate?

Answer 5

Document may be stricken

Question 6

What is one motion that cannot be extended?

Answer 6

Motion challenging venue

Question 7

When can a motion challenging venue technically be extended?

Answer 7

If court extends the time to file a responsive pleading

Question 8

What is the time limit for most VA pleadings?

Answer 8

21 days

Question 9

What are all civil cases called in VA?

Answer 9

Civil actions

Question 10

If a plaintiff is suing for mandamus, prohibition, or certiorari what is the pleading called?

Answer 10

A petition

Question 11

Contents of pleading in circuit court

Answer 11

name of court
names and addresses of parties
signature of lawyer
statement of facts in numbered paragraphs
clearly informs defendant of the true nature of the claim

Question 12

Does the plaintiff have to allege jurisdiction and venue in the pleadings?

Answer 12

No

Question 13

When P makes a statement of relief for damages, what is it called?

Answer 13

Prayer

Question 14

Can you list all damages in a prayer together?

Answer 14

No. Punitive damages are separate

Question 15

Can P join claims?

Answer 15

Yes if from same transaction or occurrence

Question 16

What happens if P joins unrelated claims?

Answer 16

Misjoinder of claims

Question 17

How long does D have to respond after service of process?

Answer 17

21 days

Question 18

What does a Motion for a Bill of particulars request?

Answer 18

That P amplify her pleading promptly

Question 19

Can D make a motion objecting to venue?

Answer 19

Yes and must state why venue is improper and what places wouyld be proper

Question 20

When does D have to make motion challenging venue?

Answer 20

within 21 days

Question 21

What if D files defective motion to transfer venue?

Answer 21

Court can still transfer

Question 22

What happens if P does not serve process within 1 year of commencement?

Answer 22

D can file motion to dismiss

Question 23

If P did not use due diligence in serving after a motion to dismiss…

Answer 23

Dismissed with prejudice

Question 24

If P did use due diligence to serve process and D makes motion to dismiss…

Answer 24

motion is denied and D must respond within 21 days

Question 25

D can challenge PJ if they make

Answer 25

a special appearance

Question 26

If D wants to challenge PJ but engages on the merits in any way…

Answer 26

Defense is waived.

Question 27

What is a motion to quash process?

Answer 27

Motion alleging faults in the service of process (can be filed with the merits)

Question 28

What is a demurrer?

Answer 28

Tests sufficiency of a pleading that seeks affirmative relief

Question 29

Can demurrer be raised to challenge PJ?

Answer 29

No this is a general appearance and waives PJ

Question 30

What is the main use of a demurrer?

Answer 30

Failure to state a cause of action

Question 31

Can a demurrer allege new facts?

Answer 31

NO!

Question 32

What is the terminology if a demurrer is granted or denied?

Answer 32

It is sustained or overruled

Question 33

What happens if demurrer is sustained?

Answer 33

Without prejudice and P is given time for amendment

Question 34

When can D file a demurrer?

Answer 34

Before answer or at the same time