Va Civ Pro Deadlines

Question 1

Service of Process must be made by the Sherriff or process server within

Answer 1

5 days after receiving the summons or complaint.

But failure to meet this deadline generally does not prejudice any party.

Question 2

In CC, the defendant must make a motion objecting to venue within

Answer 2

21 days after service of process, unless the court grants an extension.

Question 3

In GDC, a motion objecting to venue must be filed or received by the court no later than ______.

Answer 3

the day of trial.

Question 4

If they have NOT waived it, the defendant must respond to the complaint within __________ of ____________.

Answer 4

21 days of service of process.

Question 5

If they have waived it, the defendant must respond to the complaint within ____________ of ______________.

Answer 5

60 days of service of process.

Question 6

If they have waived it, and are not a Virginia resident, the defendant must respond to the complaint within ____________ of ______________.

Answer 6

90 days of service of process.

Question 7

In GDC, a defendant’s counterclaim or crossclaim may be filed_______.

Answer 7

at any time before trial.

Question 8

In CC, a defendant must file any counterclaims or crossclaims within _____ of _______.

Answer 8

21 days of service of process if not waived.

Or 60 days if waived.

Or 90 days if waived and not a VA resident.

Question 9

In GDC, a defendant must file a third-party claim/impleader within _____ of _____, OR _____________, whichever is earlier.

Answer 9

10 days after service, or up until the trial date.

Question 10

In CC, a defendant has a right to file a third-party claim/impleader within _____ of _____. After that, D needs ____________.

Answer 10

21 days after service of their first responsive pleading.

Permission of the court.

Question 11

The plaintiff must serve process within __________ of filing the case. After that, P must show ________.

Answer 11

1 year

due diligence in attempting to serve process, or D can move to dismiss.

Question 12

If the defendant’s first responsive pleading was not an answer, and all prior responses are overruled, D has _______ of ________ to file their answer.

Answer 12

21 days of denial of the latest prior response.

Question 13

If D pleads new matter in their response and expressly requests P respond, P has ______ of _________ to reply.

Answer 13

21 days of D’s response/request.

Question 14

If the court gives permission to amend their pleading, P has ________ from _______ to amend.

Answer 14

21 days from the court’s granting of their Motion for Leave to Amend.

Question 15

A party must answer interrogatories within ______ of ________.

Answer 15

21 days of receiving the interrogatories.

Question 16

A party must respond to requests for admissions within ______ of _____.

Answer 16

21 days of receiving the request for admissions.

Question 17

A defendant must move to set aside a default judgment within ____ of _______.

Answer 17

21 days of entry of default judgment.

Question 18

In CC, a party must file a demand for a jury trial no later then ______ after ___________.

Answer 18

10 days after service of the last pleading raising a jury-triable issue.

Question 19

In CC, a party must make post-trial motions within ______ of ________.

Answer 19

21 days of entry of judgment.

Question 20

In GDC, a party must file an appeal to CC within ________ of ______.

Answer 20

10 days of entry of judgment.

Question 21

In CC, an appellant must file a Notice of Appeal to the CC within ___ of _____.

Answer 21

30 days of entry of judgment.

Question 22

Once an appellant files a notice of appeal with the CC, they must also send notice to the CA, and pay the filing fee within ____ of _____, or the appeal is dismissed.

Answer 22

10 days of filing

Question 23

If an appellant chooses to include a transcript of the trial proceedings, it must be filed in the CC within ___ of _____.

Answer 23

60 days after entry of judgment

Question 24

If an appellant chooses to include a written statement of facts, it must be filed in the CC within ___ of _____.

Answer 24

55 days of entry of judgment.

Question 25

Appellant's opening brief to CA must be filed in the CA within ___ of _____.

Answer 25

40 days of the record (transcript, statement of facts, etc.) being filed.

Question 26

In CA, the Appellee's opening brief must be filed within ___ of _____.

Answer 26

25 days after the Appellant's opening brief is filed.

Question 27

In CA, the Appellant must file a reply to the Appellee's Brief within ___ of _____.

Answer 27

14 days of Appellee's opening brief is filed.

Question 28

Appellant must file a petition of the judgment to the Supreme Court of Virginia within ___ of _____.

Answer 28

30 days of entry of judgment.

Question 29

The Appellee must file an opposition to the Petition for Appeal within ___ of _____.

Answer 29

21 days of the Petition being filed.

Question 30

In the Supreme Court of Virginia, the Appellant's opening brief must be filed within ____ of _______.

Answer 30

40 days of being granted a Certificate of Appeal

Question 31

In the Supreme Court of Virginia, the Appellee's opening brief must be filed within ____ of _______.

Answer 31

25 days of the filing of Appellant's opening brief.

Question 32

In the Supreme Court of Virginia, the Appellant's reply to Appellee's Opening brief must be filed within ____ of _______.

Answer 32

14 days of Appellee's opening brief being filed.

Question 33

What CC deadlines in Virginia Civil procedure are NOT set at 21 days?

Answer 33

1) Service of Process by Server (5 days after receiving complaint) 2) Plaintiff must serve process (within 1 year, after, must show due diligence) 3) Demand for jury trial (10 days after service of the last pleading raising a jury-triable issue) 4) Notice of Appeal from CC (30 days of entry of judgment) 5) filing transcript in CC (60 days of entry of judgment) 6) filing statement of facts in CC (55 days of entry of judgment)

Question 34

What GDC deadlines in Virginia Civil procedure are NOT set at 21 days?

Answer 34

1) Service of Process by Server (5 days after receiving complaint) 2) Venue objection filed in GDC (up until trial) 3) Counterclaim/crossclaim filed in GDC (up until trial) 4) Impleader/TPC in GDC (10 days after service, or up until the trial date, whichever is earlier) 5) Plaintiff must serve process (within 1 year, after, must show due diligence) 6) Appeal from GDC to CC (10 days of entry of judgment)

Question 35

What CA deadlines in VA are NOT set at 21 days?

Answer 35

1) Sending a copy of the Notice of Appeal to the CA and paying the filing fee (10 days of filing the notice in CC) 2) Appellant's opening brief to CA (40 days of the record being filed) 3) Appellee's opening brief to CA (25 days after the Appellant's opening brief filed) 4) Appellant's reply to Appellee's brief (14 days of Appellee's opening brief filed)

Question 36

What SCVA deadlines are NOT set at 21 days?

Answer 36

1) Petition of the judgment to the SCVA (30 days of entry of judgment) 2) *Appellee opposition to petition IS 21 days* The only appellate deadline that is 21 days. 3) Appellant Opening Brief (40 days of Certificate of Appeal) 4) Appellee Opening Brief (25 days of Appellant brief filed) 5) Appellant's reply to Appellee's brief (14 days of Appellee's brief filed)

Question 37

The defendant must move to remove a case from state to federal court no later than ____ after ______.

Answer 37

30 days after service of the first paper that shows the case is removable.

Question 38

A plaintiff must move to remand no later than ____ after ______.

Answer 38

30 days after the filing of the notice of removal.

Question 39

A case may not be removed more than _____ after commencement of the action, unless the district court finds that the plaintiff has ___________.

Answer 39

1 year acted in bad faith in order to prevent a defendant from removing the action.