Deck 7 Flashcards
What documents can the court consider on motion for summary judgment?
Court can consider all pleadings, pretrial orders, admissions, interrogatories, and other documents
The court cannot rely on deposition a unless
1) All parties agree,
2) Action is between business entities, and the amount at issue is 50k or more, or
3) P is seeking punitive damages
When is there no right to a jury trial?
When damages are for $20 or less or it’s an equitable action
What must a demand for a jury be made?
This demand must be made no later than 10 days after the last pleading or right is waived
Objections to irregularity of jury must be made
Before the jury is sworn unless leave of court (irregularity must be intentional or cause injustice)
What is a jury strike for cause?
When the juror has a relationship to a party or bias
What is the number of jurors?
Claims of $25k or less can have 5 jurors. Claims of more than $25k can have 7 jurors, minimum amount of jurors is 3 if both parties consent
Must a jury be unanimous in VA?
Yes a jury must be this unless it is a 3 person jury
What motion does a party file when they argue the evidence is insufficient to support a verdict for opposing party?
A motion to strike evidence is filled when the party argues this
When does a party file a motion to strike evidence?
D can file at the conclusion of P’s evidence or at the conclusion of evidence by all parties
When does a P have a right to move for a nonsuit?
P has a right to take a first nonsuit any time before a motion to strike is sustained, before the jury retires, or before action is submitted to court for decision
Can P take additional nonsuits?
P can take additional nonsuits by consent of opposing party or leave of court
Can a party file for a nonsuit if there has been a counterclaim, cross-claim, or third party claim out of the same T/O?
Nonsuit requires consent of adverse party if there has been these claims
What are post verdict motions?
Motion to set aside verdict/motion for judgment notwithstanding the verdict (JNOV), motion for a new trial
When can a motion to set aside the verdict be granted?
If the verdict is plainly wrong or not supported by credible evidence
When can a motion for a new trial be granted?
New trial based on newly discovered evidence and to modify damages awarded by jury
What is needed for a new trial based on newly discovered evidence?
1) Evidence was discovered after the end of trial
2) Is material and would produce opposite result
3) Could not have been discovered before trial with reasonable diligence
When can a court grant relief after 21 days of judgment?
Relief from default judgment, clerical mistake, failure to notify party of final order, or service by publication
What is a writ of fieri facias (execution)?
Use to reach personal property to collect a judgment
Who issues a writ of fieri facias?
Clerk of Court gives to Sheriff
How does a sheriff reach tangible property?
Sheriff levies property creating a lien and sells property at public auction
Can a sheriff break into a dwelling to levy property?
Sheriff can enter dwelling during the day
How does a sheriff reach intangible property?
Sheriff delivers writ, creating a lien and lien is enforced through garnishment
