Joinder

Question 1

A third-party beneficiary (can/can not) sue in his own right, even if not mentioned in the contract.

Answer 1

can

Question 2

As a plaintiff, a minor can sue in her own as:

Answer 2

“by _______, her next friend.”

Question 3

As a defendant, a minor can be sued in his own name, or may ask the clerk of court to appoint a

Answer 3

guardian ad litem.

Question 4

If a party to a suit has a change in civil status (becomes mentally incompetent, falls under a disability, or is convicted and goes to jail), the case survives but it must be…

Answer 4

revived in a representative’s name.

Question 5

In circuit court, a defendant must file any counterclaims within

Answer 5

21 days of service of process on her.

Question 6

In GDC, counterclaims can be filed

Answer 6

any time before trial.

Question 7

In Virginia, a counterclaim is (always, sometimes, never) compulsory.

Answer 7

NEVER

[different from federal]

Question 8

A counterclaim (need/need not) be transactionally related to the plaintiff’s claim.

Answer 8

need not

Question 9

Plaintiff sues Defendant for breach of contract. Defendant counterclaims for damages arising from a completely unrelated tort. Ok?

Answer 9

Yes.

Question 10

A and B, as joint holders, sue Defendant to recover on a negotiable note. Defendant files a counterclaim against A for personal injuries caused in a skateboarding accident. A demurs. Result?

Answer 10

Demurrer is sustained, the counterclaim must be against all plaintiff’s jointly.

Question 11

A counterclaim (needs/needs not) be served formally.

Answer 11

needs not

Question 12

After a defendant files a counterclaim, the plaintiff (counter-defendant) has _____ in which to respond.

Answer 12

21 days

Question 13

A crossclaim is (always, sometimes, never) compulsory.

Answer 13

NEVER, a crossclaim is always permissive.

[same as federal].

Question 14

A crossclaim (need/need not) be transactionally related to the underlying case.

Answer 14

NEED. A crossclaim must be transactionally related.

[same as federal].

Question 15

A crossclaim (can/can not) be asserted against one of several co-parties.

Answer 15

CAN.

[same as federal]
[different from VA counterclaim].

Question 16

In Circuit Court, a crossclaim must be filed within

Answer 16

21 days after service of process on her.

Question 17

In GDC, a crossclaim may be asserted…

Answer 17

any time before trial.

Question 18

A cross-defendant has ______ in which to respond.

Answer 18

21 days.

Question 19

As in federal court, [this type of joinder occurs] when a defending party wants to join a third party from whom he will seek indemnity or contribution on the underlying claim against the defendant.

Answer 19

Impleader.

Question 20

In the case of impleader, what is the defendant’s pleading called?

Answer 20

A third-party complaint

Question 21

In Circuit Court, when must a defendant file a third-party complaint?

Answer 21

He will have a right to file no later than 21 days after serving his first responsive pleading.

Question 22

What happens if it has been more than 21 days since a defendant served his first responsive pleading in circuit court, but he now wants to implead a third party?

Answer 22

He must seek leave of court.

Question 23

In GDC, when must a defendant file a third-party impleader complaint?

Answer 23

Within 10 days after service or up until trial date, whichever is earlier.

Question 24

For contribution among joint tortfeasors, a tortfeasor can seek contribution from a joint tortfeasor if the tort…

Answer 24

is negligence and the case involves no moral turpitude.

Question 25

One may not implead a joint tortfeasor against whom…

Answer 25

plaintiff could not recover.

Question 26

Plaintiff is an employee of Construction Co., which is installing a gas line for the City. The line explodes and Plaintiff is injured, apparently from the joint negligence of Construction Co. and the City. The City wants to implead Construction Co. for contribution. It cannot do so. Why?

Answer 26

The Plaintiff could not herself sue Construction Co., because she is its employee and the injury from her employer would invoke worker’s compensation privileges.

Question 27

Absentees who should be made to join in a case are called

Answer 27

Necessary parties

Question 28

Virginia also has a statute that allows the court to order joinder of parties….

Answer 28

as the ends of justice requires.

Question 29

If an absentee cannot be joined (for example, due to lack of PJ), the court may decide to dismiss the entire case rather than to proceed without the absentee. If the court decides to dismiss, the absentee will be considered

Answer 29

“indispensable.”

Question 30

When a holder of real personal property or money knows that there are others who claim a right to it, rather than go through several suits, she should…

Answer 30

interplead to litigate all claims in a single proceeding.

Question 31

Is there a right to intervene in state court?

Answer 31

No, the absentee must make a motion to intervene and the decision is within the discretion of the court.

Question 32

When must a party make a motion to intervene?

Answer 32

There is no time limit prescribed, but watch for delay and prejudice.

Question 33

The claim or defense in intervention must be ______ to the case.

Answer 33

germane

Question 34

How does class action work in VA state courts?

Answer 34

There is none.