Attorney’s Fees/ Jury Selection/ Appeals Flashcards
What is the general rule for awarding attorney’s fees in Virginia?
The general rule in Virginia is that, in the absence of a statute or contract to the contrary, a court may not award attorneys’ fees to the prevailing party.
A significant exception to that rule is that in a fraud suit, the judge, in the exercise of his the court’s discretion, may award attorneys’ fees to a defrauded party.
What can lawyers question potential jurors about during voir dire?
Lawyers can question potential jurors about relationships, interests, biases, or opinions related to the case. If the court finds a juror is not impartial, they must replace that juror.
When can a trial court’s decision about juror impartiality be overturned?
Only if there is a manifest error or abuse of discretion.
What is the final judgment rule for appeals in Virginia?
In VA you can only appeal a final judgment.
(what’s not considered a final judgment: nonsuit + Demurrer; Non suit is a final order if D can appeal on whether nonsuit should have been granted.)
What are the steps to perfect an appeal of right in Virginia?
To perfect an appeal of right, an appellant must:
1. file a notice of appeal with the circuit court clerk.
-The notice must state whether a transcript or a statement of incidents of the trial will be filed.
- The appellant must also file an appeal bond with a filing fee of $50, provide the contact information of opposing counsel, and indicate whether the transcript will be filed.
A copy of the notice of appeal must be mailed to the opposing party.
When must notice of appeal be filed?
The notice of appeal must be filed within 30 days after entry of final judgment.
Where do appeals from circuit court final judgments typically go?
In Virginia civil cases, appeals from final judgments in the circuit court are filed by petition, not as a matter of right, to the Supreme Court of Virginia, rather than the Court of Appeals of Virginia.
Exceptions: Workers Compensation, Appeals from State Administrative Agencies and domestic relations matters,
what happens if attn didnt object and the issue is up for appeal?
appellate courts cannot review issues not properly raised in the trial court.
How to properly preserve for appeal
a party wishing to preserve an objection must make timely objection and state the grounds for the objection at the time of the Court’s ruling (a written brief in objection to a motion is sufficient)
Where do appeals in civil cases go
What happens if someone files the appeal in the wrong appellate court
If someone files the appeal in the wrong appellate court the appellate court is barred from dismissing the appeal, but it must to transfer it to the correct appellate court.
