Exam Rules - VA Civil Procedure

Question 1

When is a judgment final

Answer 1

For an order to be final, it must be signed by the judge and include language indicating that the case is to be concluded by the order. If these requirements are met, then Rule 1.1 governs.

Question 2

How long does a circuit court retain control over an order

Answer 2

For 21 days after entry unless there is specific, express language in the order indicating otherwise

Question 3

Can a party succeed on a nonsuit motion when the opposing party has filed a counterclaim

Answer 3

If the counterclaim arises out of the same transaction or occurrence as the claim for which a party is filing a nonsuit, then the counterclaiming party must agree to the nonsuit. If the counterclaim can be adjudicated separately, then the opposing party need not agree to the nonsuit.

Question 4

What must be proven at trial for detinue

Answer 4

(1) the plaintiff has a legal right to the property (2) the plaintiff has the right to immediately possess the property (3) the property is capable of identification (4) the property has some value (5) the defendant had possession of the property at some time before the commencement of suit

Question 5

Define the doctrine of laches

Answer 5

Laches only applies to equitable claims and is essentially the common law’s version of a statute of limitations. The judge should consider (1) how much time has lapsed (2) the effect of the lapse on the other party’s ability to defend the claim and (3) any loss of evidence or testimony due to the delay and (4) the circumstances of the particular case.

Question 6

When will a court grant specific performance

Answer 6

(1) there is valid contract that is not inequitable (2) specific performance is a practical form of relief (3) there was mutual performance