Equitable Procedure Flashcards
What equity law VA tests on
VA tests on general equity principles unless VA has applicable doctrine
Scope of equity
Equity covers equitable claims and defenses
Equity and other topics
Equity is primarily remedial, so often combined with other topics
Governmental immunity and Equity
- Equitable claims may not be made against the Commonwealth
- equitable defenses cannot be raised against any governmental body in Virginia
- (the Commonwealth, counties, cities or towns)
Applicability of Virginia Equitable Procedure Terms
Virginia equitable procedural terms, like demurrers and special pleas, apply to both equity and law.
Chancellor
Equitable term for judge
3 procedural distinctions between legal and equitable claims
- Default judgement and divorce
- jury trial rights
- review of equity decrees
Procedural distinction btw. legal and equitable claims
Default judgement and divorce
- Specific rules protecting fairness if a spouse doesn’t appear in a divorce case.
- There is no divorce by default in VA. Evidentiary submissions must still be made by the plaintiff before a judgment is granted
- e.g. a trial in absentia.
Procedural distinction btw. legal and equitable claims
Default judgement and divorce rule
- Typically, defendant entitled to notice of proceedings.
- But, if defendant fails to make a timely appearance, he’s not entitled to notice of any further proceedings in the case, including notice of depositions.
- Except, notice shall be given to counsel of record, if any.
- Thus, only a nonresponsive defendant with an attorney is required to have notice of proceedings.
- (applies to all law and equity cases).
Procedural distinctions between legal and equitable claims
jury trial rights
- No constitutional right to jury on equity claims.
- In VA, you must review the pleadings to see if a jury right applies
- (e.g. there are also legal claims and remedies).
Procedural distinctions between legal and equitable claims
jury trial rights
what to do if a jury trial right applies
- If a jury right applies, you must make a timely demand for the jury to hear the legal claims.
- Typically made in Plaintiff’s complaint or Defendant’s answer.
Procedural distinctions between legal and equitable claims
jury trial rights
procedure if the other side does not agree there is a jury trial right
- If other side does not agree there is a right to a jury, they may move to strike the jury demand.
- Judge will then determine if a right to jury exists
Procedural distinctions between legal and equitable claims
jury trial rights
mixed legal/equitable cases
In all legal/equitable mixed cases:
- jury will decide all legal claims and remedies
- judge will then decide all remaining equitable claims and remedies
Procedural distinctions between legal and equitable claims
jury trial rights
two equity situations where there is a VA statutory right to a jury
- Quiet title actions
- Where a defendant files a plea to an equitable claim
Procedural distinctions between legal and equitable claims
jury trial rights
definition of plea
a separate document or heading in the defendant’s answer that acts as an affirmative defense.
Procedural distinctions between legal and equitable claims
jury trial rights
effect of plea
- sets forth a single dispositive state of facts which, if proven, would provide the defendant a complete exoneration from plaintiff’s claim.
- e.g. a plea of release.
- only a defendant can file a plea, so D can gatekeep jury right.
- But, if there’s a hearing on the plea, either side can request a jury to determine the factual matter comprising the plea of release
Procedural distinctions between legal and equitable claims
jury trial rights
advisory jury
- Chancellor can seek advisory jury to hear hotly disputed factual issues.
- But, jury’s deliberations are not binding on the chancellor.
- It is error for the court to simply accept the advisory jury’s verdict at law, this is exactly the opposite.
Procedural distinctions between legal and equitable claims
review of equity decrees
- After judgment, parties may seek review by the trial judge (in all kinds of proceedings) through a motion to suspend, modify or vacate the judgment or decree
- after an order is entered, the only thing that will keep the case within the power of the trial court is the review request. Cannot just file a motion for reconsideration
- Court must rule on it and issue a signed written order that suspends, modifies or vacates within the 21 day period
Procedural distinctions between legal and equitable claims
Bill of review
- Def: a bill in equity that requests a judge to reopen a case in which a final order has been entered.
- may be filed within 6 months of entry of equitable judgement or decree
Procedural distinctions between legal and equitable claims
Bill of review
2 grounds for a bill of review
- Newly discovered evidence
- an error of law
Procedural distinctions between legal and equitable claims
bill of review grounds
Newly Discovered evidence
- very high standard.
- can’t just say you could have called another witness.
- must be something you could not find previously with reasonable diligence, and is the smoking gun.
Procedural distinctions between legal and equitable claims
bill of review grounds
error of law
- must be found on the face of the record.
- includes misinterpreting a document, e.g. a contract.
- But error must be of law, not fact.
Procedural distinctions between legal and equitable claims
appeal rights
- In domestic relations cases, appeal is a matter of right under statute.
- Court of appeals will hear appeal.
- In all other civil cases, appeal is only available to the VA Supreme Court and only on a discretionary basis.
Procedural distinctions between legal and equitable claims
appeal procedure
- For all civil cases, notice of appeal must be filed in the trial ct w/i 30 days of the date of the judgment.
- For all cases except for domestic relations, Must also file a petition for appeal to the VA S. Ct. w/i 3 calendar months.
- Petition includes “assignments of error” identifying the mistakes that, the appellant contends, warrant the Supreme Court in hearing the appeal.
- Writ is then granted and appeal has been permitted on the issues listed in the Supreme Court’s order, and will be heard by the Supreme Court. Briefing of the merits of the appeal then begins.
