Pleadings - Part D Flashcards
What is the theory behind a third party claim?
The defendant does this on the theory that if the defendant owes anything to the plaintiff the third party does the defendant indemnification or contribution
Mixing tort and contract claims
A litigant may mix tort and contract claims so long as they arise out of the same transaction
A party pleading alternative theories
A party may plead alternative theories of its claims or defenses and against alternative parties even if they are inconsistent so long as the rise out of the same transaction
Splitting a cause of action
Virginia is in the minority view that a plaintiff can file separate suits for a personal injury and property damages all arising out of same set of facts
Normally res judicata would bar that
Amendments to pleadings and the trial court
Trial courts are mandated to liberally Grant leave to amend unless amendment would result in prejudice to The responding party
Who has discretion to allow a party to File a late pleading
The judge. The judge has this discretion even if default judgment was entered provided the court still has jurisdiction and it is not more than 21 days from the final order
When must denials be made under oath? (3)
-a person made, endorsed, assigned, or accepted any writing
-a person, partnership, corporation, or association owned, operated, or controlled any property or instrumentality, or
-parties sue or are sued as partners and their names are set forth in the pleading or when parties sue or are sued as a corporation
The statute or rule requires a pleading to be filed under oath and it is not what happens?
The other side must object to the failure to file under oath by a motion to strike the pleading within 7 days of its filing o the right to have it filed under oath is waived
What is interpleader?
arises when someone holds property or money to which multiple parties may have competing claims
the stakeholder can file an interpleader action asking the court to decide who is entitled to the property
What is an intervention?
procedure in which you can file a petition to intervene in a pending proceeding
What is lis pendens?
used to give notice to the world that there is a suit presently pending, the outcome of which may affect title to land
cannot file until actual litigation, the outcome of which may affect title to land, is pending
