Essay #5393 Flashcards
Where do final decisions in civil cases from the circuit court go on appeal, and is the appeal as a matter of right?
Final decisions by the circuit court in civil cases are appealable to the Court of Appeals of Virginia as a matter of right.
What is the general SOLs for a civil action seeking recovery for personal injuries?
The SOLs for a civil action seeking recovery for personal injuries is two years, regardless of the theory of recovery.
How does the tolling provision for infancy affect the statute of limitations?
The tolling provision for infancy prevents the statute of limitations from running until the plaintiff reaches the age of majority (18 years old).
When does the statute of limitations for a personal injury action generally begin to run?
The statute of limitations for a personal injury action generally begins to run when the injury is received
What can the court consider when ruling on a motion for summary judgment?
The court can consider all pleadings, pretrial orders, admissions, interrogatories, and documents produced.
Can discovery depositions be used to sustain a motion for summary judgment?
Discovery depositions may not be used as a basis for sustaining a motion for summary judgment unless all parties agree.
How can a party preserve an issue for appeal?
A party must make a prompt objection to the trial court’s action, stating the grounds for the objection.
Failure to do so will result in the issue being waived except: (i) if the issue goes to the jurisdiction of the trial court,
(ii) for good cause shown,
OR
(iii) to attain the ends of justice.
How is excluded testimony made part of the record for appeal?
Excluded testimony is made part of the record when the lawyer makes a proffer or summary of what the witness will say outside the jury’s presence, and the other side does not object to the accuracy of the summary.
How did Burger Bar preserve its objection to the exclusion of evidence in Erin’s Motion in Limine?
Burger Bar properly preserved its objection by timely filing a brief in opposition to Erin’s Motion in Limine and articulating the substance of the excluded testimony.
What is a special plea (or plea in bar)?
A special plea (plea in bar) is a defense filed instead of an answer, addressing a specific affirmative defense, such as the SOL, which if proven, constitutes a complete defense to one or more of the plaintiff’s claims.
Question: Who bears the burden of proof in a plea in bar?
Answer: The party asserting the plea in bar bears the burden of proof on the issue presented.
Question: How may the issue raised by a plea in bar be decided?
The issue may be decided based on the pleadings or by presenting evidence supporting or opposing the plea.
If evidence is presented in an oral hearing, the court’s findings will not be overturned on appeal unless they are plainly wrong or without evidentiary support.
Who has the burden in a motion for summary judgement in VA civ courts? What is this burden?
The burden is on the moving party to establish that there is no material fact that is genuinely in dispute.
The court does not weigh the evidence but instead must draw inferences that are most favorable to the nonmoving party.
