Quick VA Civ Pro Flashcards

Question

VA Time to respond to complaint

Answer 1

21 days after SOP - otherwise default

Answer 2

Always permissive, no SOP, within 21 days, prevents removal to fed court,

Answer 3

1) Land 2) divorce/annulment 3) will contests 4) injunctions 5)suing commonwealth (where officer has office

Answer 4

3 preemptory strikes (articulated reason, racially neutral), unlimited for cause

Answer 5

5 from a pool of 11 for claims up to 25k. 7 from a pool of 13 for claims over 25k

Answer 6

force a party to place documents mentioned in the pleadings, but not attached thereto, within the court record

Answer 7

within 10 days of last pleading, otherwise waived

Answer 8

30 max (25 fed) - must be anwsered within 21 days if to P - 28 days if to D

Answer 9

available only for WILLFULL OR WANTON CONDUCT, or such RECKLESSNESS as EVINCES A CONSCiOUS DISREGARD for the SAFETY of OTHERS - 350K MAX requires award of comp damages)

Answer 10

must be made within 30 days of judgment/court must rule within 45 days of judgement

Answer 11

court retains jdx over decree for 21 days after entry of judgement (when judge signs final order). 21 days to suspend, modify or vacate.

Answer 12

within 21 days: Misconduct, after discovered evidence, accident or surpries (w/material affect, excessive or inadequate damages (shocks the consciense additur remittitur)

Answer 13

court may correct anytime (after 21 days)

Answer 14

court may set aside anytime (after 21 days)

Answer 15

court has 60 days to vacate, modify or suspent (if D not in default and innocently not notified of final order)

Answer 16

in some cases can have proceedings repopened for 2 years

Answer 17

For equitable claims, can correct errores of law apparenc on face of record for 6 months (if newly discovered evidence must get leave of court)

Answer 18

1) Note Appeal in trial court or COA)- within 30 days of entry of judgement; copy to opposing counsel 2) Record prepared by clerk sent to appeal court (transcript available within 60 days of final judgement) 3) petition filed within 40 days 4) if appeal denied - petition to rehear - brief in opposition due 21 days after, response due 14 days after that 5) if appeal granted - appelant's brief due 40 days, appellees 25 days after that

Answer 19

``` personal injury: 2 oral/implied Ks: 3 Written Ks: 5 property damage: 5 Defamation: 1 "Catch all" period: 2 ```

Answer 20

1) Gratuitous: the owner must show negligence to recover | 2) compensated: the bailee is liable whether negligent or not

Answer 21

Clear and Convincing evidence?

Answer 22

There is no such thing in VA

Answer 23

a) No RIght, always in Courts discretion b) no time limits prescribed c) Claim of defense in intervention must be realted to case d) File pettion for intervention. If granted I would file a complaint and serve it formally. D's would respond normally

Answer 24

Necessary, same as in Fed court. VA allows court to order joinder of parties as the order of justice requires

Answer 25

Has a right to do so not later than 21 days after he serves first responsive pleading. After that needs leave of court GDC --within 10 days after SoP or up until trial date

Answer 26

includes no moral turpitude BUT cannot implead a joint tortfeasor against whom PLAINTIFF Could not recover

Answer 27

1) Permissive, never compulsory 2) must be transactionally related to case 3) Can be asserted against 1 of several co-parties 4) diff from fed. historically, you have needed to serve CC w/ a summons (not clear) 5) must file CC within 21 days of SoP on him (GDC anytime before trial) 6) C-D has 21 days in which to file responsive pleading

Answer 28

1) D must file wihtin 21 days of SoP (GDC anytime before trial 2) Never compulsory 3) need not be transactionally related to P's claim (broader than P's joinder rights) 4) can be against P or all Ps jointly 5) need not be served formally 6) after the counterclaim, P has 21 days to respond 7) counterclaim can exceed P's claim.

Answer 29

There is no discovery. BUT can compel witnesses attendance at trial through subpoena and subpoena duces tecum

Answer 30

1) no required disclosures 2) Timing - everything that is 30 days in fed court is 21 days in VA 3) max number of interoggatories=30 +subparts 4) No limit on depositions 5) max # requests for admission=30 6) Discoverability= material must be "RELEVANT to the SUBJECT MATTER of the pending action - REASONABLY CALCULATED to lead to ADMISSIBLE EVIDENCE

Answer 31

FIRST: Become Pete's fiduciary and sue Da. Notice the witnesses depositions and subpoena them. Usually you need a court order to take a deposition within 21 days of filing, but not if witness is about the leave the country. SECOND: File a verified petition in the CL unless Dan resists. Seeking perpetration of testimony. Court can order it even before trial.

Answer 32

1) Wrongful Death 2) Declaratory Judgements 3) Partition of Realty 4) Action to Establish Boundaries (basically declaratory judgment, no damages) 5) EJectment 6) UNlawful Detainer 7) Detinue 8) Medical Malpractice 9) Enforcement of Arbitration and Awards

Answer 33

Decedent's Personal Rep 1) SS, Children, Grandchildren 2) If no children or grandchildren SS & Parents of Decedent 3) If no SS, no children, no grandchildren, parents & siblings of defendant - if none in any of these group, to decedent's intestate takers

Answer 34

1) Sorrow, anguish & lost companionship 2) services & income privided by decedent 3) medical & funeral expenses 4) punitive damate if wanton or willful misconduct *3&4 must be separately stated in the verdict - can't be lumped into other damages

Answer 35

when litigant wants declaration of right in situation where there's actual controversy

Answer 36

CC only Cat A | P must be out of possession of realty, may also seek rents and profits in same action

Answer 37

Basically for landlord to oust tenant and recover possession or realty. CAn also recover rent and for damage to the property. Cat A venue (Available in GDC as well, IN ANY AMOUNT)

Answer 38

Detinue is to recover PP or its value and damages for deteniton. P must have an interest and a righ to immediate possession.

Answer 39

A. By verified petition 1) describing the property and showing interest in it 2) risk that property will be damaged or removed B.` Post bond twice value of property

Answer 40

1) Served w/ process in State 2) reside in VA 3)

Answer 41

Specific JDX exists over non-resident persons for something they did or an effect they caused in VA. The claim must arise from D's doing one of the following things: 1) Causes tortious IN STATE by act or omission IN STATE 2) Causes tortious IN STATE by act or omission OUT-OF-STATE 3) CONTRACTS TO SUPPLY SERVICES or THINGS in VA 4) Has an interest in, uses, or possess REALTY in VA. 5) Transacts ANY business in VA. (VA is a single transaction state) 6) Causing injury in VA by breach of warranty where sale was out of state 7) Domestic Relations 8) Separate statute: Non-Resident Motorist Act - jdx over the owner or operator of a motor vehicle involved in accident in VA (If P is injured in accident, #1 is also satisfied)

Answer 42

NO, except injunctions to enforce FOIA

Answer 43

1 - Interpleader in Earnest Money Deposit in a land sale contract 2 - Claims for rent due OR ouster 3 - distress warrants (creditors right to seize property)

Answer 44

There is an absolute right to appeal a final judgment from GDC to CC if the amount involved is more than $20. 1) file written NOTICE OF APPEAL with clerk of GDC within 10 DAYS of judgement 2) POST BOND and pay writ tax in GDC within 30 days of judgement (10 day if unlawful detainer case) *Circuit Court than hears the case de novo - GDC is a court of no record

Answer 45

OK if D appeals. (not so clear if P appeals than P amends)

Answer 46

First, look to see if there is a forum selection clause, VA courts will enforce if clause is FAIR AND REASONABLE CATEGORY A VENUES 1) Land Actions - where the land or any part lies 2) Wills - where probated (or where could have been probated) 3) Writs - Mandamus (forcing officer to perform a ministerial act) - Prohibition (stopping lower court from exercising jdx) - CERITORARI (review of zoning decisions) 4) Injunctions - where proceeding is pending, or where the subject act is done EVerything Else CAT B - where D resides, has her PP of employment, has registered office or where regularly conducts business OR where the cause of action or any part thereof arose

Answer 47

MUST file within 21 days after SoP, unless court extends time. However, case will be transferred if it finds GOOD CAUSE to keep the case (failure to press the issue is good cause)

Answer 48

A or B. If venue is OK for 1 Defendant it is ok for All. (But, one D can object if entitled to Cat A venue and the case will be transferred)

Answer 49

Yes, within 10 days of dismissal. Must show that D was joined improperly, or ONLY joined to create venue

Answer 50

Where the Plaintiff resides

Answer 51

Yes, but court must find that there's good cause. Court weighs P's choice of forum against things like agreement of parties, avoidance of substantial inconvenience to parties or witnesses, delay in party's seeking transfer. * Decision is vested in court's discretion * abuse of discretion exists if trial cour fails to weigh the appropriate factors

Answer 52

Serve D with " summons" and copy of the complaint. GDC=Warrant OR Notice of Motion for Judgments CC=Summons

Answer 53

*Adult Civilian + not interested in the case OR police * VA follows desending order rule for SoP, can only move down the ladder if one of the higher forms of serivce is impossible 1) Personal = deliver service directly to D 2) Substituted Service = D's usuall abode, serve member of D's family, at least 16 not a guest 3) Posted Service= post copy of process on D's front door and wait at least 10 days before taking default judgement, mail process to D and certify to clerk that mialing took place

Answer 54

improper service is OK so long as D actually and timely receives it. (doesn't apply to divorce and annulment cases)

Answer 55

NO. but would be immune in a federal case. | Immunity does exist in criminal and grand jury cases.

Answer 56

A) P executes and files an affidavit is setting forth that: 1) d is a nonresident or cannot be found with DD 2) D's last known address B) P delivers process and a copy of the affidavit to sec of the commonwealth C) Sec sends process to D by CERTIFIED MAIL (service is complete when SECRETARY DELIVERS CERTIFICATE OF MAILING TO CLERK OF COURT OR P can arrange for Personal service out of state by one authorized to serve

Answer 57

No. Case commenced when filed, this TOLLS SoL. BUT, P must serve process within 12 months of filing or else he cannot win judgement (unless shows due diligence). - must hold hearing to dismiss on this ground

Answer 58

If a document that should be annexed to a pleading is not. MCO - PETITIONS THE COURT TO INCLUDE IN THE RECORD DOCUMENTS NECCESARRY TO REACH A DECISION Treated as annexed to the pleading

Answer 59

you can be held liable for costs and attorneys fees

Answer 60

Yes if they arose from the same T/O.

Answer 61

Motions objecting to Venue, unless the court extends the time to file the responsive pleading. AND timing for party posting a bond 1) Good faith to the moving party 2) Prejudice to the other party 3) extenuating circumstances 4) Merits of proposed documents

Answer 62

D can move for a bill of particulars if they want more details on P's case.

Answer 63

Court can order Summary Judgment against the party failing to file

Answer 64

name of court, names and addresses of the parties, signature of lawyer, statement of facts in numbered paragraphs, must clearly inform D of the true nature of the claim. Mus make a statement for relief (prayer). JDX and Venue not needed

Answer 65

1) why venue is improper | 2) what venue would be proper

Answer 66

SPECIAL APPEARANCE | first, by itself

Answer 67

To argue that service was improper. Can be raised with but not after another response

Answer 68

Tests SUFFICIENCY of a PLEADING that seeks AFFIRMATIVE RELIEF. Can be used to challenge the following: - MISJOINDER of claims - Lack of SMJdx - FAILURE TO STATE A CAUSE OF ACTION * Must say specifically why complaint is insufficient * demurrers are sustained or overuled

Answer 69

similart to affirmative defenses in fed court. Must raise or risk waiver.

Answer 70

from the date of injury or breach ("accrual") Even if Plaintiff is unaware. EXCEPT 1) Fraud, mistake, undue influence, accrues when P discovers 2) Malicious prosecution (when underlying case ends) 3) Contribution - acrrues when one pays more then his fair share 4) Special rule malpractice through continuous treatment/service

Answer 71

Unkown operator of of a motor vehicle. SoL will be tolled for 3 years to give the P a chance to discover the D's identity.

Answer 72

When P decides to drop the case. P has the right to do so once without prejudice unless any of these are true: 1) JURY id RETIRED from bar 2) NON-JURY CASE IS SUBMITTED to court for decision 3) Motion to STRICKE EVIDENCE is GRANTED 4) DAMAGES OR SPECAIL PLEA is fully argued and awaiting decision

Answer 73

Same court unless it lacks jdx or venue OR unless good cause is shown to litigate elsewhere

Answer 74

Notice to further proceedings (but notice will be given to counsel of record if there is one AND waives jury trial P must move for entry of default judgment

Answer 75

1) not available for divorce or annulment 2) no provision for using affidavits 3) depostions can only be used if all parties agree 4) simply pleading a fact can create a triable issue

Answer 76

cas involves more than 25k 7, 25k or less 5

Answer 77

Motion to Strike the Evidence - Motion to Set Aside Verdict (do not need to move to strike evidence in order to preserve this)

Answer 78

SIgnificant presidential value

Answer 79

capital murder | permitted where death penalty is actually imposed

Answer 80

the original document unless the production of the original is excused either by the court for good cause or by statute.

Answer 81

A joint tortfeasor may sue for contribution if the tort involved negligence and does not entail moral turpitude.

Answer 82

2 years; personal representative

Answer 83

1) D is a non resident 2) There are interested parties whose names are unknown but the nature of their interest can be described 3) A sheriff in the city of the D's last known residence has been unable to make service for 21 days

Answer 84

21; leave of court; freely granted

Answer 85

Summary Judgment

Answer 86

Compliance with the disclosure requirements may be ordered on the ground that requested disclosures have not been made.

Answer 87

the clerk; is not

Answer 88

1 YEAR from the date on which the existence of a previously undiagnosed tumor or malignancy is COMMUNICATED TO THE PATIENT.

Answer 89

rights have already become fixed

Answer 90

1) Must file a NOTICE OF APPEAL with the CC clerk - within 30 days after entry of final judgment - copies to opposing counsel at same time - note whether there's a transcript, if so file w/ clerk oc trial court within 60 days after final judgment 2) appeal bond 3) $50 filing fee 4) a certificate stating the names addresses. phone. email, of opposing counsel that they have received copy

Answer 91

Only those rulings which were objected to during trial, with the grounds given for such objection. Unless good cause shown otherwise.

Answer 92

Appellant's Opening Brief. Must contain the following: 1) brief statement of the nature of the case 2) statement of errors 3) statement of facts 4) a statement of the principles of law that govern the case AND 5) a short conclusion that state the relief requested.

Answer 93

Declaratory Judgment: seeks to obtain a declaration of rights with or without consequrntial relief. - only available where this is a ripe pending dispute and ruling would guide future conductnot available unless standard CL remedies of legal or equitable relief are not available. Unlawful Detainer: ajudicates the right to possession only 1) where any forcible entry is made upon lands 2) where the entry was peaceable, but the tenant detains the possession of land after his right has expired (without consent) 3) landlords remedy against tenent, does not determine title Partition: available to joint owners of property, where joint ownership is not what's at issue Bill to quiet title: used to adjudicate title, often by adverse possession. - can't be used to determine title where there is a hostile claimant (must use ejectment) Ejectment: tries title AND obtain possession of a piece of land, w/ damages. 1) P must be out of possession and 2) show a superior right

Answer 94

Virginia Supreme Court

Answer 95

LIBERALLY GRANTED in FURTHERANCE of the ENDS OF JUSTICE

Answer 96

Death Penalty

Answer 97

Certificate of appeal

Answer 98

15 minutes

Answer 99

both are excluded

Answer 100

an appeal of a nonfinal order and for which an appeal as of right does not exist.

Answer 101

United States and the Commonwealth

Answer 102

1) occupancy of premises, 2) ownership. Furthermore, a prerequisite for maintaining a suit P must show that he has suffered some SPECIAL or PECULIAR damage distinguished from that inflicted on the public at large.

Answer 103

where the nuisance is continuing and the conditions creating the nuisance are GRADUAL and CUMULATIVE. Waiting to bring the claim would not be PREJUDICIAL to the Defendant.

Answer 104

make a MOTION SUIT in CC to confirm the award. Upon confirmation, judgment will entered, then P can enforce the judgment

Answer 105

application | file a MOTION TO STAY THE CASE and compel arbitration under this statute

Answer 106

retains | to decide any disputes that arise, such as the scope of arbitration.

Answer 107

1) award procured by corruption 2) partiality (or corruption, misconduct) of the abitrator 3) As exceeded their powers 4) As refused to postpone a hearing upon sufficient cause, refused to hear evidence or conducted hearing contrart to the act AND 5) absence of arbitration agreement and party oibjected

Answer 108

*Notice of appeal to Clerk off CC within 30 days (must cotainNotice must contain a statement of whether any transcript or statement of facts, testimony and other incidents will be filed. • If a transcript is to be filed, the notice must certify that a transcript has been ordered from the court reporter. • Must file the transcript in the office of the clerk of the trial court within 60 days after entry of judgment, and give written notice to opposing counsel within 10 days.

Answer 109

* within 3 mos, file 7 copies of written petition - copy opposing counsel and save mail receipt evidencing date of mailing * Note whether oral or filing a brief * opposing counsel must file 7 copies of her reply brief within 7 days of service of the brief in opposition * Panel of 3 judges hears peitions for appeal (only P is allowed to give oral here) * If granted, p issues a writ of appeal by SC accompanied by a certificate executed by the clerk of the SC * Must file appeal bont * within 40 days 15 copies and 1 pdf of appellant's brief due * 25 days after opening breif, Apellee's breif due (15 copies) * reply due 14 days after filing * 3 copies of all breifs must be served on opposing counsel * All 7 judges hear oral arguments from both parties * Rehearing possible, written intent must be filed 10 days after order.

Answer 110

In suits against out of state Defendants, irregardless of the contract, Virginia courts will apply the statute of limitations period that is shorter, between the out of state Defendant and Virginia.

Answer 111

expressly prohibited; | Pleadings and admissions

Answer 112

No, should go to VA supreme court

Answer 113

specific listing of the grounds for appeal (called assignments of error)

Answer 114

- can't offer arguments on issue of liability, but may: 1) object to P's damages evidence 2) XX the P's damages witnesses 3) offer evidence on damages 4) participate in jury selection 5) submit jury instructions on damages 6) make oral argument on damages issue

Answer 115

1) that he is the repair person and qualified to determine amount of damages 2) the name of his business 3) length of time he has been doing particular kind of repair work If exceeds $2500 copy of affidavit must be mailed to the opposing party or counsel at least SEVEN DAYS before trial, unelss counsel consents to the affidavit of damages.

Answer 116

PHYSICIAN'S SWORN STATEMENT: 1) he treated the party 2) the info is true, accurate and fully describes the injury 3) the statement of costs is true and accurate 4) copies must be accompanied by a SWORN STATEMENT by the record custodian that copies are true and accurate - must be kept in ordiary course of business

Answer 117

Attempt to Produce Abortion: 2 Petit Larceny: 5 False statements of representations to obtain benefits under the VA Unemployment Compensation Act: 3 Misdemeanors: 1

Answer 118

MUST; | SUBSTANTIALLY JUSTIFIED

Answer 119

1) Clerical mistake (typographical errors) 2) fraud on the court 3) proof of accord and satisfaction 4) void judgment 5) failed notice to counsel of final order

Answer 120

$500 15 days

Answer 121

No, unless: 1) appellee, within 21 days after the issuance of the cert of appeal, files a statement in writing of the defects of the bond AND 2) the appellant fails to correct the defects within 21 days after such statement is filed. *Failure to make this motion in a timely manner is a waiver of an objection to the bond.

Answer 122

1) Motion to be releived of default (low standard) - freely granted - any good cause will do 2) Motion for Continuance - In order to file a late pleading to the complaint 3) Special Appearance (BEST OPTION) - if party claims no SoP was made, the court has no PJdx over the D, must make special appearence to challenge personal jurisdiciton

Answer 123

1) there must exist certain causes of action that arise from activities engaged in by them OR resulting from ownership of property in VA AND 2) the non resident D must have knowingly entered a transaction that involves contact with VA. (VA "single act" state when it comes to business transactions)

Answer 124

1) describe property 2) state FMV 3) allege title 4) property will be sold and removed unless immediate action is taken

Answer 125

"speak the truth" - questioning of potential jurors by judge and attorneys to determine any biases, prejudices, or other reasons for disqualification.

Answer 126

PLAINLY WRONG

Answer 127

if the D's liability has been CLEARLY ESTABLISHED BY THE EVIDENCE, the new trial may be limited to the issue of damages. However, if the award is so large that it suggests that the liability portion was the product of UNDUE SYMPATHY for the P or BIAS against the D, a new trial on all issues is required.

Answer 128

1) REASONABLENESS 2) Measurement of punishment required 3) whether the award will amount to double recovery 4) proportionality between punitive and compensatory damages. AND 5) Ability to pay D

Answer 129

EXPRESSLY STATE THE FACTORS CONSIDERED AS JUSTIFYING REDUCTION, the lower amount must bear a REASONABLE RELATION to the damages shown by the evidence.....otherwise verdict may be reinstated on appeal.

Answer 130

1) AiC is purely pecuniary and amount involved is less than $500 OR 2) Appelate jdx is assigned to the court of appeals, which included cases involving circuit court review of admin decisions, domestic relations cases, workers comp and some criminal cases.

Quick VA Civ Pro Flashcards

(175 cards)