VA Civ Pro Flashcards
A defendant who has not been served with process within one year is permitted to make a special appearance for the purpose of…
If a defendant is not served within one year of filing suit, the court ___ and the action is ___ unless ___.
…filing a motion to dismiss the action with prejudice for the failure of the plaintiff to have the process served within one year.
… is prohibited from entering judgment against the defendant … dismissed with prejudice … the plaintiff used due diligence in trying to effect service.
If a defendant is not served within one year of filing suit, unless the plaintiff used due diligence in trying to effect service, the court is prohibited from…
…entering judgment against the defendant, and the action is dismissed with prejudice.
Virginia Circuit Courts have exclusive jurisdiction over a breach of contract action when the amount sued for exceeds […]
$25,000
Virginia has long-arm jurisdiction over a defendant who causes injury in Virginia:
(1) to any person by breach of warranty expressly or impliedly made …;
(2) by a tortious act outside of Virginia if … ; and
(3) using a ___ located in Virginia.
If a defendant’s conduct falls within Virginia’s statutory requirements, the court will ask …
(1) … in the sale of goods outside Virginia when he might reasonably have expected such person to use, consume, or be affected by the goods in Virginia.
(2) … the defendant regularly does business or derives substantial revenue from goods sold or services in VA.
(3) … computer or computer network …
… whether the defendant had the type of purposeful contacts with the forum to satisfy the constitutional requirements of fairness (i.e., having sufficient minimum contacts).
If VA’s Long-Arm statute is satisfied, the court must then ask whether…
…the defendant had the type of purposeful contacts with the forum to satisfy the constitutional requirements of fairness.
This is commonly referred to as having sufficient “minimum contacts.”
When a defendant believes the action was brought in the wrong forum, the defendant can file a […]
The motion to transfer must state ____ and ___.
A motion to transfer must be brought within ___.
… motion to transfer.
… (1) where venue would be proper … (2) why venue is not proper where the action was brought.
… 21 days of service on the defendant or within any period granted to extend time for filing responsive pleadings.
A cause of action on a contract claim arises where…
…the contract was made or where the breach occurred.
Venue is proper where …
…(1) the cause of action, or any part thereof, arose; or (2) where any of the plaintiffs reside if (i) all of the defendants are unknown or are nonresidents of the Commonwealth, or if (ii) there is no preferred or other permissible venue.
Define a demurrer.
A demurrer seeks to test the sufficiency of the form, style, allegations, or appropriateness of the pleading that was filed.
This responsive pleading is used against aggressive pleadings only (such as a complaint).
What does a demurrer contain, when must it be filed, and what does the demurrant admit for purposes of the motion?
It must be in writing and specifically state the grounds relied on, which will be the only grounds the court considers.
A demurrer can be filed before or concurrently with other responsive pleadings, but not after. In a circuit court action, a responsive pleading is required to be filed within 21 days of service on the defendant unless the judge grants additional time.
The demurrant admits all facts that are well pleaded only for purposes of the court’s considering the demurrer but does not admit conclusions of law.
A notice of appeal from the General District Court must be filed within ___ days of ___. The appeal of a judgment by the GDC to CC is heard ___.
A notice of appeal from the Circuit Court must be filed within ___ days after ___, and that period ___.
When a statute or court rule requires that an act be performed within a prescribed amount of time after any event or judgment, the ___ should not be counted.
… 10 … entry of the final order … de novo.
… 30 … entry of the final order … is not interrupted by the filing of a motion for a new trial or a motion to vacate.
… day on which the event or judgment occurred …
There is/is not an appeal as of right to the Virginia Supreme Court.
An appeal to the VA Supreme Court is by ___ and therefore subject to the …
In contrast, a ___ is appealable as of right to ___ within 30 days of entry of the final order.
An appellate court generally considers ___. An appellate court does not hear ___.
… is not …
… petition … discretion of the VA Supreme Court.
… final judgement, order or decree of a circuit court … the Court of Appeals of Virginia.
… only errors that appear in the record of the trial court proceedings … additional evidence regarding a matter on appeal.
Any party may move for summary judgment at any time after ….
In support of or challenge of a summary judgment, a party may rely on …
Generally, a party may not rely on ___ in support of a summary judgment motion unless…
… the responsive pleadings have been filed.
… the pleadings, pretrial orders, admissions, interrogatories, and documents produced through discovery.
… discovery depositions … (1) all parties to the action agree, (2) the action is only between business entities, and the amount at issue is $50k or more, or (3) the plaintiff seeks punitive damages.
A defendant may move to strike the evidence presented by the plaintiff …
Any party may move to strike the evidence presented by another party …
… at the conclusion of the plaintiff’s presentation of evidence at trial.
… at the conclusion of the presentation of evidence by all parties.
An objection to subject matter jurisdiction can be raised ___ because …
… at any time during the litigation or on appeal … jurisdiction is a matter of the court’s power to decide the case.
The parties do not waive subject matter jurisdiction by failing to raise the issue in the Answer.
A ruling by the trial court is not a basis for reversal unless an objection was stated with ____ at the time of the ruling, except …
… reasonable certainty … for good cause or to enable the appellate court to attain the ends of justice.
To show good cause, the party must articulate any reason for his failure to timely object when it was offered in trial.
To enable the appellate court, the party must show how the matter is necessary to achieve justice in the particular case.
For requests for injunctive relief, jurisdiction is ___, and ___ venue is …
In considering whether to grant or deny a request for injunctive relief, the Court should consider whether …
… only in the circuit courts … preferred … in the circuit courts where the act is being threatened to be done or is being done.
(1) whether the claimant has an adequate remedy at law, (2) whether the claimant is likely to succeed on the merits, (3) if the claimant is likely to suffer irreparable harm without such relief, (4) does the balance of the equities tip in the claimant’s favor, and (5) whether the relief is in the public interest.
All persons ___ and ___ are necessary parties.
A person who is subject to ___ may be joined as a party in the action if, in the person’s absence, (1) or (2) because of the claimed interest of the person to be joined.
… interested in the subject matter of a suit … to be affected by its results …
… service of process … (1) complete relief cannot be accorded among those already parties … (2) the person claims an interest relating to the subject of the action and is so situated that the disposition of the action in the person’s absence may leave any of the persons already parties subject to a substantial risk of incurring multiple or inconsistent obligations
Under the ___, a court may compel arbitration if …
A court can only vacate an arbitration award if ___. Some examples include …
To enforce an award, a party must …
… Uniform Arbitration Act … (1) there is an agreement between the parties to arbitrate and one party refuses, and (2) the court compelling arbitration has jurisdiction over the claim.
… there is unfairness involved, either in the conduct of the arbitrator herself, or in the procedures followed.
… in the form of fraud or other undue influence on the part of the arbitrator, as well as the arbitrator exceeding the scope of her power, refusing to postpone a hearing upon sufficient cause , refusing to admit evidence material to the controversy, or the fact that there was no valid arbitration agreement in the first place.
… must make an application to the court having jurisdiction over the parties for the court to confirm the award and to enter a judgment in conformity with the award.
The Circuit Courts have ___ jurisdiction over any claims for money damages that exceeds ___.
… original … $4,500.
The defense of lack of personal jurisdiction must be raised in ___, or the defense will be waived.
However, although asserting the defense of lack of personal jurisdiction must be made before pleading, a motion to dismiss based on lack of personal jurisdiction may be filed after an answer is filed when …
… a pre-answer motion, the answer, or within the time for amending the answer as of right …
… the answer pleads this defense.
For an order to be final, the order must …
However, the Circuit Court retains ….
The 21-day period will not be tolled by ___, and the only way a judge can restart the 21-day period is ___.
… be signed by the judge and contain language indicating that the case is to be concluded by the order.
… control to modify, suspend, or vacate a final order within 21 days after entry (date the judge signed) and no longer unless the order expressly states otherwise.
… any post-trial motion … through an express modification, vacation, or suspension of the order.
A responsive pleading is required to be filed within ___ on the defendant unless ___.
In determining whether to grant a party’s motion for leave to file a late pleading are …
In evaluating the judge’s exercise of this discretion, an appellate court applies an ___.
The court ___ permit a party to file a pleading after a judgment by default has been entered,
… 21 days of service … the judge exercises their discretion and grants additional time.
… (1) the length and reason for the delay, (2) whether the movant party acted in good faith, (3) the existence of a substantial basis for the pleading itself, and (4) the existence of prejudice to the other party if filing is permitted.
… abuse of discretion standard.
… may …
A default judgment is entered in __ against the defendant when the defendant ___.
A defendant against whom default judgment has been entered may ___. However, the defendant may not (waives) ___.
Notwithstanding, if there’s counsel of record for the defendant, ___.
… Circuit Court … fails to file a responsive pleading within 21 days of service
… participate in the damages trial by (1) objecting to evidence presented by the plaintiff regarding damages and even (2) presenting evidence of his own.
… exercise their right to a jury trial, contest issues regarding their liability at trial (as such, claims of contributory negligence are ineffective), or any right to future notice of proceedings.
… notice must be sent to the defendant’s counsel regarding such proceedings.
