! Pleadings, Request for Orders, and Lis

Question 1

What is an aggressive pleading?

Answer 1

A pleading that contains a claim for relief, such as a complaint or counterclaim.

Question 2

How does a plaintiff begin a civil action in a circuit court?

Answer 2

By filing a complaint that must contain the specific relief sought.

Question 3

What is an ad damnum clause?

Answer 3

A clause that states the amount of damages sought in a complaint.

Question 4

What forms can a plaintiff use to initiate an action in general district court?

Answer 4

Warrant in debt, warrant in detinue, distress petition, or summons for unlawful detainer.

Question 5

Define counterclaim.

Answer 5

A claim made by a defendant against one or more plaintiffs.

Question 6

What is the time limit for filing a counterclaim in circuit court?

Answer 6

Generally within 21 days after service of process on the defendant.

Question 7

What is a cross-claim?

Answer 7

A claim made by a defendant against another defendant.

Question 8

What is a third-party claim?

Answer 8

A claim by a defendant against a person not a party to the action who may be liable for the plaintiff’s claim.

Question 9

What must a third-party plaintiff do to file a third-party complaint in circuit court?

Answer 9

Obtain leave of court after notice to all parties unless filed within 21 days of serving the original pleading.

Question 10

What is a responsive pleading?

Answer 10

A pleading that responds to another party’s pleading.

Question 11

What is typically the basic response of a defendant to a complaint?

Answer 11

An answer.

Question 12

What is an affirmative defense?

Answer 12

An assertion by the defendant that the plaintiff is not entitled to the relief sought, even if the allegations are true.

Question 13

What is a special plea (plea in bar)?

Answer 13

A plea that addresses a specific affirmative defense, asserting a single factual issue that constitutes a complete defense.

Question 14

What is a demurrer?

Answer 14

A challenge to the sufficiency of the form, style, allegations, or appropriateness of an aggressive pleading.

Question 15

What must a demurrer state?

Answer 15

The specific grounds on which the pleading is insufficient at law.

Question 16

What is a motion to strike a pleading?

Answer 16

A challenge to the sufficiency of a responsive pleading.

Question 17

What is a motion for a bill of particulars?

Answer 17

A request for a court order compelling a party to elaborate on a pleading that does not provide sufficient notice.

Question 18

What is the deadline for filing a motion to object to venue in circuit court?

Answer 18

Within 21 days after service of process.

Question 19

What is a motion to quash service of process?

Answer 19

A motion filed to challenge the validity of service of process based on defects.

Question 20

What happens if a defendant has not been served with process within one year?

Answer 20

The defendant may file a motion to dismiss the action.

Question 21

What must a defendant do within one year of the commencement of the action?

Answer 21

Make a special appearance to file a motion to dismiss the action against him

Question 22

What happens if the court finds that the plaintiff did not exercise due diligence to serve process timely?

Answer 22

The court must dismiss the action with prejudice

Question 23

If the court denies the motion to dismiss, how many days does the defendant have to file a responsive pleading?

Answer 23

21 days

Question 24

True or False: The filing of a motion to dismiss precludes the plaintiff from filing a nonsuit.

Answer 24

False

Question 25

What must a defendant do to object to lack of personal jurisdiction or defective process?

Answer 25

Enter a special appearance

Question 26

What actions waive a defendant's objection to personal jurisdiction or defective process?

Answer 26

Engaging in conduct related to adjudicating the merits of the case, such as: * Filing a demurrer * Conducting discovery * Seeking a ruling on the merits * Actively participating in proceedings

Question 27

List actions that do not waive objections to personal jurisdiction or defective process.

Answer 27

* Requesting an extension of time * Agreeing to a scheduling order * Conducting discovery authorized by the court related to the objection * Observing proceedings * Filing a motion to transfer venue with the objection * Removing the case to federal court

Question 28

How may a lack of subject matter jurisdiction be challenged?

Answer 28

By a motion to dismiss or a demurrer if the lack is evident from the pleading

Question 29

When can a challenge based on lack of subject matter jurisdiction be raised?

Answer 29

At any time, even on appeal

Question 30

What is a motion craving oyer?

Answer 30

A motion seeking a court order compelling the plaintiff to produce a document essential to the complaint

Question 31

What must an adverse party do if a pleading, motion, or affirmative defense sets up a new matter?

Answer 31

File a reply admitting or denying the new matter within 21 days

Question 32

What is required for a pleading to clearly inform the opposing party?

Answer 32

A brief and simple statement of facts in numbered paragraphs

Question 33

What happens if an allegation of fact in a pleading is not denied by the adverse party?

Answer 33

It is deemed to be admitted

Question 34

True or False: A party must plead alternative facts and theories of recovery against alternative parties.

Answer 34

False

Question 35

What must a lawyer or unrepresented party include when signing a pleading?

Answer 35

Their address and Virginia bar number, business telephone and fax numbers, and email address

Question 36

What is the consequence of a pleading that is not signed?

Answer 36

It must be stricken unless the default is promptly cured

Question 37

What does signing a pleading certify?

Answer 37

* The document has been read * It is well grounded in fact and law * There is no improper purpose

Question 38

What can a party request if a pleading was not sworn to as required by statute?

Answer 38

File a motion to strike within seven days after the pleading is filed

Question 39

What is required for service of subsequent pleadings after an initial pleading has been served?

Answer 39

Must be served on each counsel of record

Question 40

List the means of service allowed for subsequent pleadings.

Answer 40

* Personal delivery * Commercial delivery service * Fax * Email * Mail

Question 41

When is service effective?

Answer 41

Upon delivery, dispatch, transmission, or mailing

Question 42

What must a party do to amend a pleading after it is filed?

Answer 42

Obtain leave of court

Question 43

What happens if a jury awards unliquidated damages in excess of the amount pleaded by the plaintiff?

Answer 43

The judge may not permit the plaintiff to amend the amount pleaded

Question 44

What is a lis pendens?

Answer 44

A notice of a pending action that seeks to establish an interest in real property

Question 45

Where must a lis pendens be filed?

Answer 45

In the clerk’s office of the circuit court for the county or city where the property is located

Question 46

True or False: A lis pendens filing creates a lien against the property.

Answer 46

False