Trial

Question 1

What does the Constitution of Virginia guarantee regarding jury trials?

Answer 1

A right to jury trial in civil actions at law

Refer to Va. Const. art. I, § 11; Va. Code Ann. § 8.01-336(A); Rule 3:21(a)

Question 2

What distinguishes actions at law from equitable actions?

Answer 2

Actions at law demand monetary relief; equitable actions seek other forms of relief like injunctions or specific performance

Examples include divorce, spousal support, or foreclosing a mortgage.

Question 3

Is there a right to a jury trial for damages of $20 or less?

Answer 3

No

This is specified in § 8.01-336(B).

Question 4

What type of equitable action allows for a jury trial despite being a plea in equity?

Answer 4

A contested plea in equity

Refer to § 8.01-336(D); Rule 3:22(c)(2).

Question 5

What actions related to wills are triable by jury?

Answer 5

• Action to probate a will
• Action to impeach a will
• Action to establish another document as the decedent’s will

See §§ 64.2-446(B), 64.2-448(E).

Question 6

What is the procedure when there are both jury and nonjury issues in an action?

Answer 6

The court must ensure that all issues properly heard by the jury are decided by the jury, using their factual determinations for nonjury issues

Refer to Rule 3:22(e).

Question 7

Where are all jury trials held according to Virginia law?

Answer 7

In circuit court

Refer to Rule 3:1.

Question 8

What is the deadline for demanding a jury trial?

Answer 8

No later than 10 days after the service of the last pleading directed to the issue

Refer to Rule 3:21(b).

Question 9

What happens if a party fails to timely serve and file a jury trial demand?

Answer 9

It constitutes a waiver of the right to trial by jury

See § 8.01-336(B); Rule 3:21(d).

Question 10

What is the minimum age requirement for individuals to serve as jurors in Virginia?

Answer 10

18 years of age

Refer to §§ 8.01-337, 8.01-338.

Question 11

What is the term for the examination of potential jurors under oath?

Answer 11

Voir dire

See § 8.01-358; Rule 3:22A(a).

Question 12

How many peremptory challenges does each side have during jury selection?

Answer 12

Three peremptory challenges

Refer to § 8.01-359(B).

Question 13

What is the maximum number of jurors selected for a case where the amount sought exceeds the general district court limit?

Answer 13

Seven jurors

Refer to § 8.01-359(A).

Question 14

What is the role of alternate jurors?

Answer 14

To replace regular jurors if needed during a lengthy trial

Refer to § 8.01-360.

Question 15

Can jurors take notes during the trial?

Answer 15

Yes, at the court’s discretion

Refer to Rule 1:23.

Question 16

What must the court provide before closing arguments?

Answer 16

Jury instructions regarding the law to be applied

Refer to Rule 1:15(c).

Question 17

What is required for the jury’s verdict in most cases?

Answer 17

Unanimity

Except for three-person juries.

Question 18

What can a party inform the jury of during their opening statement or closing argument?

Answer 18

The amount of damages sought by the plaintiff

Refer to § 8.01-379.1.

Question 19

What happens if the jury is not given sufficient evidence to support a requested instruction?

Answer 19

Refusal to give the instruction is reversible error

Refer to Hancock-Underwood v. Knight, 670 S.E.2d 720, 726 (Va. 2009).

Question 20

What must jurors have access to during deliberations?

Answer 20

The court’s instructions and possibly exhibits

Refer to § 8.01-381.

Question 21

What items may the jury take into the jury room during deliberations?

Answer 21

The jury may take the court’s instructions and exhibits

The court may inform jurors that they may request exhibits for use during deliberations.

Question 22

What is the unanimity requirement for jury verdicts?

Answer 22

The jury’s verdict must be unanimous unless the jury is a three-person jury

Counts v. Commonwealth, 119 S.E. 79 (Va. 1923).

Question 23

What is the typical form of jury verdict?

Answer 23

Typically, the jury returns a general verdict

When issues are complex, written interrogatories may be required, except in negligence actions resulting in personal injury or death.

Question 24

What is the role of a commissioner in chancery?

Answer 24

A commissioner in chancery holds evidentiary hearings, researches the law, and reports factual findings and legal recommendations to the court

§§ 8.01-607–8.01-619; Rule 3:23.

Question 25

What must a commissioner allow during a hearing?

Answer 25

The commissioner must allow a party to place evidence in the record to preserve correctness for subsequent review ## Footnote Even if the evidence is deemed inadmissible.

Question 26

What is the time limit for filing exceptions to a commissioner's report?

Answer 26

Exceptions must be filed within 10 days after the report has been filed with the court ## Footnote § 8.01-615.

Question 27

When should a court accept a commissioner's factual findings?

Answer 27

The court should accept the commissioner’s factual findings unless the weight of the evidence is contrary ## Footnote § 8.01-610; Hudson v. Clark, 106 S.E.2d 133 (Va. 1958).

Question 28

What is a motion to strike evidence?

Answer 28

A party may move to strike evidence presented by another party if it is inadmissible or insufficient to support a verdict ## Footnote § 8.01-378; Rule 1:11.

Question 29

What is the timing for a defendant to move to strike evidence?

Answer 29

A defendant may move to strike at the conclusion of the plaintiff’s evidence or after all parties have presented evidence ## Footnote The original motion is deemed waived if not renewed after the presentation of all parties' evidence.

Question 30

What are the grounds for granting a motion to strike?

Answer 30

The court should grant a motion to strike when: * The plaintiff has not proved a cause of action * The trial court would be compelled to set aside any verdict for the plaintiff.

Question 31

What is a nonsuit?

Answer 31

A plaintiff may voluntarily dismiss an action by moving for a nonsuit.

Question 32

When can a plaintiff take a nonsuit?

Answer 32

A plaintiff may take a nonsuit before: * A motion to strike is sustained * The jury retires to deliberate * The action is submitted to the court for decision ## Footnote § 8.01-380(A).

Question 33

What is the limitation on taking a nonsuit as a matter of right?

Answer 33

A plaintiff may take only one nonsuit to a cause of action against the same party ## Footnote § 8.01-380(B).

Question 34

What happens if a plaintiff takes a nonsuit without giving notice?

Answer 34

The court may assess reasonable witness fees costs incurred by the opposing party ## Footnote If notice is not given at least seven days before trial.

Question 35

What must a plaintiff do to reinstitute an action after a nonsuit?

Answer 35

The plaintiff must bring the action in the same court unless there are jurisdictional issues or good cause shown ## Footnote § 8.01-380(A).

Question 36

What are the conditions for additional nonsuits?

Answer 36

Additional nonsuits may be allowed by the court or stipulated by the opposing party ## Footnote The court may assess costs and attorney’s fees against the nonsuiting party.

Question 37

What is the effect of a nonsuit order on appeals?

Answer 37

A nonsuit order is not a final judgment for appeal purposes unless there is a dispute regarding the court's decision ## Footnote McManama v. Plunk, 458 S.E.2d 759, 761 (Va. 1995).

Question 38

What are post-verdict motions?

Answer 38

Post-verdict motions can be made after the jury renders a verdict and before the court pronounces judgment, or within 21 days after judgment ## Footnote Defined in § 8.01-430.

Question 39

What can a party do if they believe the verdict is contrary to the evidence?

Answer 39

A party may move to set aside the verdict as contrary to the evidence ## Footnote A judgment non obstante veredicto (JNOV) may be entered.

Question 40

What grounds exist for granting a motion for a new trial?

Answer 40

Grounds include: * Verdict is plainly wrong or without credible evidence * Judge's misconduct or improper admission/exclusion of evidence * Newly discovered evidence ## Footnote Various cases illustrate these grounds.

Question 41

What is the legal standard for setting aside a jury verdict?

Answer 41

A jury verdict may be set aside only if it is plainly wrong or not supported by credible evidence ## Footnote Jenkins v. Pyles, 611 S.E.2d 404, 407 (Va. 2005).

Question 42

What is additur and remittitur?

Answer 42

Additur is when the court conditions a new trial on the defendant paying more damages; remittitur is when the court conditions it on the plaintiff accepting less ## Footnote § 8.01-383.

Question 43

What is the implication of a jury verdict that only compensates special damages?

Answer 43

Such a verdict is inadequate as a matter of law, indicating failure to compensate for other types of damages ## Footnote Bowers v. Sprouse, 492 S.E.2d 637 (Va. 1997).

Question 44

What constitutes a final order, judgment, or decree?

Answer 44

A judgment is final if it disposes of all claims and causes of action against all parties and leaves nothing for the court to do except ministerial execution ## Footnote Rule 1:1(b).

Question 45

What is a final order, judgment, or decree?

Answer 45

A judgment, order, or decree is final if it disposes of the entire matter, gives all relief contemplated, and leaves nothing to be done except ministerial execution. ## Footnote Rule 1:1(b) defines the conditions for a final order, judgment, or decree.

Question 46

What does an order sustaining a demurrer do?

Answer 46

It disposes of the claim or cause of action subject to the demurrer even if not expressly dismissed. ## Footnote Rule 1:1(c) explains the implications of sustaining a demurrer.

Question 47

What happens if an order sustaining a demurrer grants leave to file an amended pleading?

Answer 47

It disposes of the claim if the amended pleading is not filed within the specified time. ## Footnote This is also addressed in Rule 1:1(c).

Question 48

What does an order sustaining a plea in bar accomplish?

Answer 48

It disposes of a claim or cause of action subject to the plea in bar even if not expressly dismissed. ## Footnote This is outlined in Rule 1:1(d).

Question 49

What is the effect of an order granting a motion for summary judgment?

Answer 49

It disposes of the claim or cause of action even if judgment is not entered for the moving party. ## Footnote Refer to Rule 1:1(d) for further details.

Question 50

Does an order merely granting a motion to strike dispose of a claim or cause of action?

Answer 50

No, it does not dispose of the claim or cause of action. ## Footnote This is stated in Rule 1:1(e).

Question 51

What conditions must be met for a partial final judgment in multiparty cases?

Answer 51

The trial court must find that: * Interests of the parties are separate and distinct * Results of any appeal cannot affect claims against remaining parties * Remaining claims cannot affect claims against parties in the partial final judgment ## Footnote This is detailed in Rule 1:2.

Question 52

What must an order be labeled to be considered a partial final judgment?

Answer 52

It must be expressly labeled 'Partial Final Judgment'. ## Footnote The requirements for this labeling are specified in Rule 1:2.

Question 53

True or False: A trial court's refusal to enter a 'Partial Final Judgment' order is appealable.

Answer 53

False. ## Footnote This is indicated in Rule 1:2.