Virginia Civil Procedure

Question 1

What is the upper monetary limit for a personal injury case filed in general district court?

Answer 1

$50,000

Question 2

General district courts have concurrent subject matter jurisdiction with circuit courts when the amount in controversy exceeds ________ but does not exceed __________.

Answer 2

$4,500; $50,000.

Question 3

If the trial judge in a civil action has granted a motion to strike the evidence of the plaintiff or the defendant, what should the judge do?

Answer 3

Enter summary judgment or partial summary judgment in conformity with his ruling on the motion to strike.

Question 4

What is the object of a declaratory judgment action?

Answer 4

To obtain a declaration of right.

Question 5

What remedy is designed to cure an award of damages that is grossly excessive without the necessity of a new trial or appeal?

Answer 5

Remittitur.

Question 6

Service of process in a civil action or suit is deemed timely if made within how long of the commencement of the action or suit against the defendant?

Answer 6

12 months

Question 7

If damages found by the jury are inadequate, the court may require the defendant to pay an amount in excess of the verdict or face a new trial. This is called:

Answer 7

Additur.

Question 8

True or False: Sovereign immunity applies to the Commonwealth in all suits for money damages caused by the negligence of a state employee.

Answer 8

FALSE

Question 9

True or False: A pleading can be signed by using a law firm name only.

Answer 9

FALSE

Question 10

True or False: Summary judgment as to liability may not be granted if there is a genuine issue as to the amount of damages.

Answer 10

FALSE

Question 11

Generally, a bill of review may be filed within what time period after entry of the decree to be reviewed?

Answer 11

Six months.

Question 12

The plaintiff may, at plaintiff’s option, within _______ after service of the third-party complaint upon the third-party defendant, assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff.

Answer 12

21 days.

Question 13

What claims may be heard in general district court regardless of the amount in controversy?

Answer 13

Distress claims.

Question 14

A plaintiff in a lawsuit against the Commonwealth must notify the Commonwealth of the claim within ______ of the accrual of the cause of action.

Answer 14

One year.

Question 15

Unless otherwise provided, every action for personal injuries, whatever the theory of recovery, must be brought within _____ year(s) after the cause. of action accrues.

Answer 15

Two years.

Question 16

For a personal injury case against the Commonwealth for which the statute of limitations is two years, when must the plaintiff notify the Commonwealth of the claim before it will be barred?

Answer 16

Within one year.

Question 17

True or False: An arbitration award must be vacated if a court of law or equity would not have arrived at the same result.

Answer 17

FALSE.

Question 18

A trial court has the power to vacate a default judgment or decree on the ground of fraud within ______ of rendition.

Answer 18

Two years.

Question 19

Leave to amend a pleading is to be:

Answer 19

Liberally granted in furtherance of the ends of justice.

Question 20

Every action for injury resulting from libel, slander, insulting words, or defamation shall be brought within _____ after the cause of action accrues.

Answer 20

One year.

Question 21

A ______ requires a non party deponent to bring documentary evidence with him to a deposition.

Answer 21

Subpoena duces tecum.

Question 22

A motion to strike the evidence serves the same function as a __________ in federal court.

Answer 22

Motion for judgment as a matter of law.

Question 23

How many of the appellate court justices are required for the court to sit en banc?

Answer 23

Eight.

Question 24

Notwithstanding any other provision of law, when may a party in any civil action inform the jury of the amount of damages sought by the plaintiff?

Answer 24

In both the opening statement and the closing argument.

Question 25

A notice of appeal must be filed within ________ days of entry of the final judgment or other appealable order or decree in circuit court.

Answer 25

30 days.

Question 26

After trial in the circuit court, any notice of appeal must be originally filed with which court?

Answer 26

The circuit court.

Question 27

True or False: In determining whether the judgment of another state precludes further litigation, a Virginia court will apply Virginia law.

Answer 27

FALSE.

Question 28

When a party is required or permitted under the Virginia Rules of Civil Procedure to do an act within a prescribed time after service of a paper on him, and the paper is served by mail, how many days will be added to the prescribed period?

Answer 28

3 days.

Question 29

To appeal a case from a general district court to a circuit court, the appeal must be taken within ______ days of entry of judgment by noting the appeal in writing with the clerk of the general district court.

Answer 29

10 days.

Question 30

When a party is required or permitted under the Virginia Rules of Civil Procedure to do an act within a prescribed time after service of a paper on him, and the paper is served by facsimile, e-mail, or commercial delivery service, how many day(s) will be added to the prescribed period?

Answer 30

One day.

Question 31

Unless otherwise provided, every action for damages resulting from fraud shall be brought within _____ year(s) after the cause of action accrues.

Answer 31

Two years.

Question 32

Any party may make a motion for summary judgment at any time, except in an action for what?

Answer 32

Divorce.

Question 33

An appellant in the court of appeals must file an opening brief within ______ of the filing of the record.

Answer 33

40 days.

Question 34

Except as otherwise directed by the Virginia Court of Appeals, oral argument for a party shall not exceed ______ in length.

Answer 34

15 minutes.

Question 35

In the court of appeals, the brief of an appellee must be filed within ______ of the filing of the appellant's brief.

Answer 35

30 days.

Question 36

If the amount or value involved in a case does not exceed $25,000, a jury of ______ is required. If the amount or value exceeds $25,000, a jury of ________ is required. If the parties consent, a jury of ______ may be used.

Answer 36

Five; seven; three.

Question 37

The appellant may file a reply brief within _____ of the filing of the appellee's brief.

Answer 37

14 days.

Question 38

In determining the amount in controversy in a civil action, are interest and attorney's fees stipulated in an instrument included or excluded?

Answer 38

Excluded.

Question 39

When may clerical mistakes in judgments or in the record be corrected by the court?

Answer 39

At any time.

Question 40

If service of the summons has been timely waived on request, an out-of-state defendant must file responsive pleadings to the complaint within _____ days after the date when the request for waiver was sent.

Answer 40

90 days.

Question 41

When answers in a defensive pleading in any suit on an equitable or a legal claim are insufficient, what is the appropriate motion to be made by the complaining party?

Answer 41

Motion to strike.

Question 42

What is the purpose of Virginia's long arm statute?

Answer 42

To confer personal jurisdiction over nonresidents resulting from the ownership of property within Virginia. AND To confer personal jurisdiction over nonresidents who have contacts with Virginia.

Question 43

True or False: An extension of the time to file a notice of appeal is not permitted.

Answer 43

FALSE.

Question 44

If the subject matter of a counterclaim or cross-claim arises out of the same transaction or occurrence upon which the plaintiff's claim is based, the statute of limitations with respect to such actions:

Answer 44

Is tolled by the filing of the plaintiff's action.

Question 45

In cases in which fraud, concealment, or intentional misrepresentation prevented discovery within the statutorily specified limitation period of an injury caused by medical malpractice, the time within which to bring a claim is extended by ____ year(s) from the date the injury is discovered, or by the exercise of due diligence, reasonably should have been discovered.

Answer 45

One year.

Question 46

An "interlocutory appeal" is:

Answer 46

An appeal of a nonfinal order for which an appeal as of right does not exist.

Question 47

Amicus briefs are allowed as a matter of right when filed by:

Answer 47

Both the Commonwealth and the United States.

Question 48

No party shall serve upon any other party, at any one time or cumulatively, more than _______ written interrogatories, including all parts and subparts without leave of court for good cause shown.

Answer 48

30.

Question 49

If a five-person jury is required, the jury panel begins with at least _____ jurors to allow each side ____ peremptory challenge(s).

Answer 49

11 jurors; 3 peremptory challenges.

Question 50

A special grand jury consists of not less than _____ or more than ____ persons.

Answer 50

7 and 11.

Question 51

If a seven-person jury is required, the jury panel begins with at least ______ to allow each side _____ peremptory challenge(s).

Answer 51

13 jurors; 3 peremptory challenges.

Question 52

May a plaintiff join a claim in tort with one in contract?

Answer 52

Yes, provided that the tort claim and the contract claim arise out of the same transaction or occurrence.

Question 53

True or False: A general denial of the entire complaint or plea of the general issue is not permitted.

Answer 53

TRUE.

Question 54

If a three-person jury is used, each side selects one juror. Who selects the third juror?

Answer 54

The two jurors selected by each side.