Civ Pro - VA

Question 1

PJ: GPJ

Answer 1

If the D is served / domiciled in VA

Question 2

PJ: SPJ

Answer 2

Long Arm statute: 7 items + NRMA = 1

Question 3

SMJ: CC

Answer 3

All cases X money and pers prop $4500 or less

Question 4

SMJ: GDC

Answer 4

1) At law & detinue under $25k [excl over $4,500]
(2) attachment under $25k unless realty then CC
(3) interpleader under $25k or any earnest money deposit in land sale K
(4) any $ Distress/Unlawful Entry & Detainer [rent due & ouster]

Question 5

SMJ: Transfer GDC to CC

Answer 5

1. Motion 10+ days before trial for $ amount up or down

Question 6

SMJ: Appeal GDC to CC

Answer 6

Right for more than $20. Steps: file written notice of appeal with the clerk w/in 10 days of Jment and post bond & pay writ tax w/in 30 days [10 for detainer]. P can change $ when D appeals.

Question 7

Venue: Rules

Answer 7

A: Local actions (Land), Wills, Writs, Injunctions.
B: (1) Where D resides or has principal employment. (2) Where CoA or any part arose. (3) Others: Registered agent, reg conducts biz activity w/ nexus, location of personal prop for recovery, where fiduciary is qualified

Question 8

Venue: Improper - Filing, Voluntary Dismissal

Answer 8

D must file 21 days after served w/ process in CC, or on day of trial in GDC. Court can refuse for “good cause” [force the issue].

Voluntary Dismissal: file w.in 10 days of dismissal but must show improper joinder / intent to create venue

Question 9

Venue: From Proper

Answer 9

Need good cause, factors: agreements, avoidance of substantial inconvenience to W’s and parties, and delays Could be abuse of discretion not to.

Question 10

Venue: Forum Non Coveniens

Answer 10

(1) CoA out of state (2) brought by non-res (3) more convenient venue. Must find good cause and another court has JX.