VA Time Limits

Question 1

Appeal from Circuit Court to Court of Appeals or SCOVA

Answer 1

Must file notice in Circuit Court within 30 days of final judgment and mail to all parties, transcript within 60 days of final judgment (55 for statement of the incidents of trial), notice of filing to all parties within 10 days of transcript being filed, and the petition for appeal within 3 months

Question 2

Plaintiff Response to Counterclaim or Cross-Claim

Answer 2

21 days

Question 3

Filing of GDC Suit Papers

Answer 3

10 days for unlawful detainer, 5 days for all others

Question 4

SoL for foreclosure actions

Answer 4

10 years (tolled 1 year by death of mortgagee)

Question 5

Time to probate will

Answer 5

No time limit, but BFP who takes from devisee more than one year after death is protected against subsequent successful will contest if will not probated within first year.

Question 6

Time to execute a warrant

Answer 6

Warrants are void after 15 days if not executed

Question 7

Deadline to Give Notice of Intention to Use Written Report of Medical Costs as Hearsay Exception

Answer 7

10 days before trial

Question 8

Time to make a motion to suppress evidence in Circuit Court

Answer 8

7 days before trial (must be in writing)

Question 9

SOL for Claims Based on Foreign Objects in Body

Answer 9

Extended for one year from when object is discovered or should have been discovered

Question 10

SOL for Distress

Answer 10

5 years

Question 11

SOL For Contract Governed under the Law of Another State

Answer 11

The shorter of Virginia’s SOL or that of the state whose law governs the contract (“borrowing statute”)

Question 12

Deadline to Post Bond for Rent in Appeal of Unlawful Detainer Case from GDC to Circuit Court

Answer 12

10 days from judgment

Question 13

Deadline for Filing a Bill of Review

Answer 13

Within 6 months of entry of the final order

Question 14

Time to file inventory of estate

Answer 14

4 months from appointment as personal representative

Question 15

SOL for Ejectment Action

Answer 15

15 years

Question 16

Appeal from GDC to Circuit Court

Answer 16

10 days to file notice in GDC, 30 days to pay fees and bonds

Question 17

SoL for adverse possession of personalty

Answer 17

5 years

Question 18

Motion to Remove to Federal Court

Answer 18

30 days after service on defendant

Question 19

Deadline for Nonsuit

Answer 19

Must be filed before the jury retires, the case is submitted to the court, the court has ruled on a motion to strike the evidence, or a special pleas has been fully argued and is awaiting decision.

Question 20

SoL for felonies

Answer 20

Generally none

Question 21

Extending SOL For Third-Party claims for Indemnification and Contribution

Answer 21

If an action is brought against a defendant within 30 days of the expiration of the applicable SOL, the defendant has 60 extra days tacked on to the usual SOL on claims for indemnification or contribution.

Question 22

Deadline to Demand a Jury Trial

Answer 22

10 days from the last filing to raise the jury-triable issue (typically, the answer or special plea)

Question 23

SOL for damage to Property

Answer 23

5 years (4 years for UCC claim, e.g., warranty claim)

Question 24

Notice of negligence claims against localities

Answer 24

Negligence claims against localities barred unless notice is given to locality describing events, date, time, and place within 6 months unless the injury prevents giving notice

Question 25

Claim under Virginia Tort Claims Act

Answer 25

2 year SoL. Notice must be given to the state agency within 18 months. Suit must be filed after the claim is denied by the state agency or six months after giving notice if no answer

Question 26

Notice if intent to raise insanity defense

Answer 26

Must notify commonwealth of intent to raise defense (and which test to be used) 60 days before trial

Question 27

SOL for Detinue

Answer 27

Not clear

Question 28

SOL For Creditors Contesting Conveyances

Answer 28

Laches for fraudulent conveyance, 5 years for voluntary conveyance

Question 29

Deadline to Serve Defendant after Bringing Suit

Answer 29

One year unless plaintiff has exercised due diligence

Question 30

SOL for Negligent Failure to Misdiagnose Tumor

Answer 30

Extended one year from date of diagnosis

Question 31

Time to bring non-VTCA Claims Against the Commonwealth

Answer 31

Must be presented in writing to head of department within 5 years of accrual

Question 32

Deadline for Motion to Set Aside Verdict

Answer 32

Within 21 days of final judgment

Question 33

SOL for Med Mal Claims in which Fraud Prevents Discovery of Injury

Answer 33

Extended one year from when the injury is discovered or should have been discovered

Question 34

Deadline to Challenge Arbitration Award

Answer 34

90 days

Question 35

SOL For Defective Improvement to Real Property

Answer 35

5 years from date of improvement

Question 36

SOL for Easement by Prescription

Answer 36

20 years (10 for water/sewer)

Question 37

Deadline to File Written Objections to the Report of the Commissioners in Chancery

Answer 37

10 days after report delivered

Question 38

Deadline of Intent to Admit Written Estimates of Auto Damage

Answer 38

Damages ≤ $2,500 – no copy must be furnished | Damages > $2,500 – must furnish 7 days before trial

Question 39

Time required to “survive” decedent and take by intestacy or will

Answer 39

120 hours unless will provides for shorter period

Question 40

Deadline for Motion to Strike the Evidence

Answer 40

Should be made by defendant when plaintiff rests or when both sides have rested or by plaintiff when defendant has rested

Question 41

Court’s Discretion to Allow Late Pleadings

Answer 41

Can allow a party to file late pleadings if default has been entered and court still has jurisdiction and 21 days have not passed

Question 42

Time missing before death presumed

Answer 42

7 years

Question 43

Speedy trial

Answer 43

If in custody: Trial must commence (jeopardy attaches or guilty plea entered) within 5 months from preliminary hearing If not in custody: within 9 months of preliminary hearing. Tolled by variety of events, including separate trials for codefendants, illness of prosecution witness, and motion for continuance by/with consent of defendant

Question 44

Deadline for Enforcement of Judgments

Answer 44

20 years for circuit court judgments, 10 for GDC unless docketed in the circuit court

Question 45

Time for Responsive Pleadings

Answer 45

21 days, but 60 if waived service and 90 if waived and outside state

Question 46

Defendant Impleading a Third Party

Answer 46

Can do at any time, but don’t need leave of court if within 21 days of being served

Question 47

Notice of intent to sell personalty held by lienor to satisfy lien

Answer 47

Notice to lienee by registered mail 10 days before sale

Question 48

SoL for adultery as grounds of divorce

Answer 48

5 years

Question 49

Deadline for Response to Requests for Admissions

Answer 49

21 days

Question 50

SOL for Fraud

Answer 50

2 years

Question 51

Time to appoint administrator

Answer 51

30 days for individuals with priority (sole distributee or distributee with consent of all others) 30-60 days court may appoint first distributee to apply 60 days+ court may appoint anyone

Question 52

Deadline for Summary Judgment

Answer 52

Must be filed after parties have entered pleadings

Question 53

SOL for Unlawful Detainer

Answer 53

3 years

Question 54

Length of TRO

Answer 54

15 days

Question 55

Time to perfect mechanic’s lien

Answer 55

Memorandum of lien with certificate of mailing within 90 days of completion/stoppage of work. Lien relates back to time work was started

Question 56

Plaintiff Adding a Party to the Case

Answer 56

Within 21 days of filing complaint

Question 57

Motion to Transfer Venue

Answer 57

Within 21 days of service on defendant in circuit court, any time before or on the day of trial in GDC

Question 58

Deadline to Give Notice of Intent to Introduce Medical Bills

Answer 58

30 days before trial

Question 59

SOL For Contracts

Answer 59

3 years for oral, 4 years for UCC, 5 years for written

Question 60

SoL for misdemeanors

Answer 60

1 year, but tolled while “fleeing from justice”

Question 61

Deadline to Contest Failure to Plead Under Oath

Answer 61

7 days

Question 62

SOL for Personal Injury

Answer 62

2 years

Question 63

Deadline to Appeal on Order Granting or Denying an Injunction

Answer 63

15 days

Question 64

Presumption of abandonment in unclaimed intangible property and property in safe deposit boxes

Answer 64

Presumption arises after 5 years with owner claiming or demonstrating any interest in the property under the Uniform Disposition of Unclaimed Property Act

Question 65

SOL for Defamation

Answer 65

1 year

Question 66

Deadline for Amending the Complaint

Answer 66

21 days after leave to amend is granted by the court

Question 67

Request for a Med Mal Review Board

Answer 67

Within 30 days of answer

Question 68

SOL for Wrongful Death

Answer 68

2 years

Question 69

Time for spouse to claim elective share

Answer 69

6 months from admission of will to probate/appointment of administrator

Question 70

SOL for Child Sex Abuse

Answer 70

20 years

Question 71

FOIA responses

Answer 71

The government body must respond within 5 business days and may respond by stating records cannot be produce within the 5 day period, which grants another 7 business days to respond.