Virginia Civil Procedure

Question 1

Time computation

Answer 1

When there is a certain time period within which something must be filed or done, measured after or before an event, the event day is not counted.

If the last day performing an act falls on a Saturday, Sunday, holiday, or other day courthouse closed the party has until next day courthouse is opened.

Note: Sunday counts as a day for the purposes of time computation, but if the last day is a Sunday, then one has until the next day that the courthouse in opened.

Question 2

What is the jurisdiction of the GDC?

Answer 2

The GDC has exclusive orginal jurisdiction in actions to recover specific personal property, damages for tort or breach of contract, or other debt when the cliam does not exceed 4,500.

The GDC has concurrent original jurisdiction with the circuit court for the same type of cases/claims when the amount claimed is more that 4,500 but does not exceed 4,500.

Note; Partition, Attachment (personal property), unlawful detainers (no dollar cap)

Question 3

Right of appeal in GDC

Answer 3

Must be more than $20 and must note the appeal within 10 days of entry.

Question 4

Scope of the claim in the circuit court on appeal

Answer 4

If the defendant appeals, the circuit court is authorized to permit amendments of the plaintiffs claim to an amount in excess of the dollar limit of GDC.

If plaintiff appeals, any amendment in excess of GDC dollar limit prohibited.

Question 5

Venue

Answer 5

Venue deals with the geographic location of the courts that may properly hear the case

Question 6

What is the effect of Virginia’s curative statute?

Answer 6

Will deem service effective, notwithstanding improper service, if process meets the person whom it is directed in time.

Question 7

What is the SOL for personal injury claims?

Answer 7

SOL is 2 years which begins to run at the time the injury is received, tolled on the date of filing suit (NOT SERVICE)

Note: Minors, runs when age of majority is reached

Question 8

If a case seeking damages does not fall within the enumerated list of Class-A preferred venues where is venue proper?

Answer 8

Venue will be proper pursuant to Class B-Permissible venue:

• Where D resides or has principal place of employment
• Where D has appointed a registered agent to receive process
• Where the cause of action arose

Question 9

What is a demurrer

Answer 9

An appropriate response to an aggressive pleading, where the pleading does not state a cause of action or fails to allege facts upon which relief may be granted.

Tests the sufficiency of the complaint.

• Must be filed before or concurrently with a responsible pleading but not after
• Must state grounds for demurrer with specificity

Question 10

Filing late pleadings

Answer 10

A court has broad discretion whether to grant leave of court to allow a party to file a later pleading.

FACTORS:

• Reason for delay
• Length of delay
• Whether party acted in good faith
• Prejudice

Question 11

Consequences of Default Judgment

Answer 11

GDC: Waives all objections to the admissibility of evidence; not entitled to notice of future proceedings, unless service by posting then 10 days; may appear at hearing on damages and participate but waives all objections to evidence

Circuit Ct: Give up right to notice, waives trial by jury, may participate in hearings on damage–fully, except may not offer proof or argument on the issue of liability.

NOTE: GDC may not object to evidence CIRCUIT may object but not argue/proof on liability

Question 12

Who must suits involving minors be brought by?

Answer 12

Must be brought by their next friend (kin- mom/dad)

Question 13

What is a misnomer?

Answer 13

A misnomer is a motion used to raise the defect of parties - mistake in name NOT of person

Note: A mistake in person shall be raised by demurrer

Question 14

Amendments to Complaint after SOL

Answer 14

Generally, courts are mandated to liberally grant leave to amend unless the other side would be prejudiced.

Whether the filing date of the amended complaint is proper:

Adding a party(would party be on notice) and adding a claim(same conduct transaction or occurrence)

Question 15

What are the elements of a temporary injunction?

Answer 15

To be granted the plaintiff must show:

• No adequate remedy at law
• Plaintiff likely to succeed on the merits
• Plaintiff will suffer irreparable harm absent the grant of an injunction
• Balance of equities weigh in favor of the injunction
• Granting relief is in interest of public

Note: Plaintiff must furnish a bond in sufficient amount to assure if the other party wins, it can recover whatever damages and costs suffered

Question 16

What is standard of review in appealing from GDC?

Answer 16

De novo and evidence not offered in GDC may be admitted in CC