Complaints and Joinder

Question 1

A compliant in Circuit Court must include (4) things

Answer 1

1) Facts that establishes P’s claim

2) must include a a demand for relief, an ad danmnum clause

3) Essential Documents

4) Attorney must be sign

Question 2

P cannot recover more than

Answer 2

is stated in the adanmum clause

Question 3

Can you plead alternative facts or liability in a complaint ?

Answer 3

Yes

Question 4

If a complaint is not signed

Answer 4

Then it will be stricken

Question 5

If the Minor is a plaintiff,

Answer 5

The suit must be filed with a “next friend”

Question 6

If the Minor is a defendant

Answer 6

The minor can be sued directly

Question 7

For a person who is incapacitated

Answer 7

The court will appoint a fiduciary or “next friend” that becomes the party named in the lawsuit

Question 8

For a person who is imprisoned

Answer 8

The court will appoint a “committee” (actually a single person)

Question 9

If a person dies while lawsuit is pending

Answer 9

The lawsuit continues and the persons heir or personal representative takes over

Question 10

If a person is liable but dies before liability is determined

Answer 10

Liability is passed onto their estate

Question 11

Upon the Decedent’s death

Answer 11

A personal representative is substituted as a new party

Question 12

Multiple plaintiffs can only join together If

Answer 12

They have a joint legal right

Question 13

Can people hurt in the same action sue together ?

Answer 13

No, they do not have a joint legal right

Question 14

Can co-tenants sue together about the property ?

Answer 14

Yes, they have a joint legal right

Question 15

A plaintiff can only sue multiple Defendant’s if

Answer 15

The claims arise out of the same transaction or occurrence

Question 16

What are the 3 questions a court asks when determining whether to join a necessary party

Answer 16

1) is the absent party a necessary party ?

2) If so, is there PJ over them ?

3) If the absent party cannot be joined, should the court continue with the suit or dismiss it

Question 17

1) Is the absent party a necessary party

Answer 17

Does the party have an interest that might be impaired if left out of litigation. Can complete relief be granted in the partys absence.

Joint tortfeasors are not necessary parties

Question 18

Interpleader

Answer 18

When one party is stuck between two other competing interests

Question 19

Misjoinder

Answer 19

When a party has been inappropriately joined to a lawsuit

Question 20

Nonjoinder

Answer 20

when a necessary party should have been joined but was not

Question 21

A claimant can bring any claims that want

Answer 21

regardless if they are related

Question 22

Counterclaims

Answer 22

can be brought regardless if is related or unrelated to the underlying claim

(there is no compulsory counterclaim rule in VA like in Fed court)

Question 23

Cross claim

Answer 23

Must be related to the same transaction or occurrence as one of the original claims

Question 24

Impleader

Answer 24

Claim must allege that a new party is responsible for all or part of ordinal d’s liablity