Complaints and Joinder Flashcards
A compliant in Circuit Court must include (4) things
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
P cannot recover more than
is stated in the adanmum clause
Can you plead alternative facts or liability in a complaint ?
Yes
If a complaint is not signed
Then it will be stricken
If the Minor is a plaintiff,
The suit must be filed with a “next friend”
If the Minor is a defendant
The minor can be sued directly
For a person who is incapacitated
The court will appoint a fiduciary or “next friend” that becomes the party named in the lawsuit
For a person who is imprisoned
The court will appoint a “committee” (actually a single person)
If a person dies while lawsuit is pending
The lawsuit continues and the persons heir or personal representative takes over
If a person is liable but dies before liability is determined
Liability is passed onto their estate
Upon the Decedent’s death
A personal representative is substituted as a new party
Multiple plaintiffs can only join together If
They have a joint legal right
Can people hurt in the same action sue together ?
No, they do not have a joint legal right
Can co-tenants sue together about the property ?
Yes, they have a joint legal right
A plaintiff can only sue multiple Defendant’s if
The claims arise out of the same transaction or occurrence
What are the 3 questions a court asks when determining whether to join a necessary party
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
1) Is the absent party a necessary party
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
Interpleader
When one party is stuck between two other competing interests
Misjoinder
When a party has been inappropriately joined to a lawsuit
Nonjoinder
when a necessary party should have been joined but was not
A claimant can bring any claims that want
regardless if they are related
Counterclaims
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)
Cross claim
Must be related to the same transaction or occurrence as one of the original claims
Impleader
Claim must allege that a new party is responsible for all or part of ordinal d’s liablity
