Pleadings - Part A

Question 1

What is Virginia’s Sanction Statute?

Answer 1

the attorney who represents a party, or a party if appearing pro se, filing up leading or making a motion, whether in writing more orally, certifies that:
1) he has read the pleading, motion, or other paper
2) to the best of his knowledge after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument to extend, modify, or reverse existing law, and
3) it is not being filed for any improper purpose (such as to harass, cause unnecessary delay, or needlessly increase in the cost of litigation)

Question 2

What should be the attorneys only motivation?

Answer 2

advancing the interests of her client

Question 3

What must every pleading or written motion filed be?

Answer 3

Signed by a pro se litigant or an attorney admitted to practice in Virginia

Question 4

What can a Virginia attorney not authorize an attorney licensed in another state to state to do?

Answer 4

Cannot authorize an attorney licensed in another state to sign the Virginia attorneys name to the bleeding

Question 5

Can an improper signature be corrected?

Answer 5

yes, if the request is made within a reasonable time from the failure to sign, the trial judge has authority to permit the improper signature to be corrected

Question 6

What is a praecipe for appearance?

Answer 6

In circuit court, this must be filed by the attorney (or pro se litigant) to give notice that the attorney is representing a party (for oneself)

Question 7

How does an attorney become counsel of record in GDC?

Answer 7

the notice can be oral

Question 8

What must be shown to receive punitive damages?

Answer 8

Must be able to show egregious, willful, or wanton conduct

Question 9

what is the punitive damages cap in Virginia?

Answer 9

$350,000

Question 10

What is the initial pleading called in Circuit Court?

Answer 10

The initial pleading by the plaintiff that commences the action is the complaint

Question 11

What is the initial pleading in GDC?

Answer 11

It can be the complaint, a motion for judgment, or a District Court form (ie warrant in debt, warrant in unlawful detainer)

Question 12

Responding in Circuit Court

Answer 12

The responsive pleading is called an answer, which generally must be filed within 21 days of service

Question 13

responding in GDC?

Answer 13

not required to respond unless ordered by court

Question 14

which court’s pleadings are less stringent

Answer 14

GDC is less stringent than CC

Question 15

if you are clueless about a timing requirement on the exam what is a good guess?

Answer 15

21 days

Question 16

what is a counterclaim?

Answer 16

a claim by a defendant against a plaintiff

Question 17

how are counterclaims handled in Virginia?

Answer 17

all counterclaims are optional and need not arise from the same transaction or occurrence

differ this from FED: there are permissive and compulsory counterclaims

Question 18

what may a judge do for a counterclaim?

Answer 18

in his discretion he may order a separate trial for it

Question 19

what is a cross claim?

Answer 19

a claim by a defendant against a co-defendant

Question 20

how is a cross claim handled in Virginia?

Answer 20

must arise out fo the same transaction or occurrence as the original action