Jurisdiction and Venue

Question 1

Personal Jurisdiction is a 2-Step Process

Answer 1

(1) a Virginia statute must be satisfied - there must be a VA statute that authorizes personal jurisdiction.
(2) the Constitution must be satisfied - the minimum contacts analysis that is used for federal civil procedure.

Question 2

Long Arm Statute

Answer 2

a long arm statute provides for specific (not general) personal jurisdiction.

Question 3

Specific Jurisdiction

Answer 3

Means that the plaintiff is suing a nonresident person or entity for something she or it has done in Virginia or an effect she or it has caused in Virginia.

Question 4

Specific Jurisdiction - Claim Must Arise Out Of:

Answer 4

The claim must arise out of the defendant doing either:
(1) Causes tortious injury in Virginia by Act or Omission in Virginia
(2) Causes tortious injury in Virginia by Act or Omission OUT of Virginia
(3) Contracts to Supply Services or Things in Virginia
(4) Relates to realty in Virginia
(5) Transacts Any Business in Virginia
(6) Causing Injury in Virginia by Breach of Warranty Where Sale Was Out of State
(7) Domestic Relations Cases

Question 5

Nonresident Motorist Act (“NMRA”)

Answer 5

Allows personal jurisdiction over the owner or operator of a motor vehicle involved in an accident in Virginia.
- The other basis for jurisdiction is the long arm statute.

Question 6

Constitutional Test for Personal Jurisdiction

Answer 6

Does the defendant have “such minimum contacts with the forum so that jurisdiction does not offend traditional notions of fair play and substantial justice?”

Question 7

Subject Matter Jurisdiction

Answer 7

Refers to the court’s power over the case. State courts can hear any case except those for which there is exclusive federal jurisdiction.

Question 8

Circuit Court SMJ

Answer 8

Can hear any civil action except those for which exclusive jurisdiction is vested in another court.
Can hear actions for monetary claims or claims to specific personal property of $4,500 or more.

Question 9

General District Court SMJ

Answer 9

Subject Matter Jurisdiction is statutory and basically for causes of action at law (not equitable claims). These are not “courts of record.”

Question 10

General District Court Characteristics

Answer 10

(1) Less formal procedure
(2) No injunctive relief
(3) Amounts in controversy: GDC may hear actions at law in contract actions or actions in detinue (recovery of personal property), but only if the AIC is $25,000 or less.
- GDC has concurrent jurisdiction with CC for amounts between $4,500 and $25,000

Question 11

General District Court Characteristics: Attachment + AIC

Answer 11

GDC may hear attachment cases for personal property if the value is $25,000 or less.

Question 12

General District Court Characteristics: Interpleader + AIC

Answer 12

GDC may hear interpleader cases if the real or personal property is worth $25,000 or less. No injunction available.

BUT - GDC can hear interpleader in any amount (even over $25,000) in earnest money deposit in land sales contract disputes.

Question 13

General District Court Characteristics: Distress Claims + AIC

Answer 13

GDC may hear claims for rent due (“distress” claims) or to oust defendant from real property. No AIC cap.

Question 14

General District Court Characteristics: Distress Warrants + AIC

Answer 14

GDC may grant distress warrants (creditor seizes property) regardless of amount.

Question 15

General District Court Characteristics: Tort Claims + AIC

Answer 15

Tort claims involving injury to a person: cannot exceed $50,000
Tort claims not involving injury to a person: $25,000 limit applies

Question 16

General District Court Exclusive Jurisdiction

Answer 16

GDC has exclusive subject matter jurisdiction over cases for monetary recovery or specific personal property of $4,500 or less.

Question 17

Transfer Between General District Court and Circuit Court

Answer 17

A motion to amend and transfer must be made 10 or more days before trial (unless good cause is shown).
* Same rule apples for a case filed in circuit court if moving to GDC (if AIC decreases).

Question 18

Appeal from GDC to CC

Answer 18

Absolute right to appeal a final judgment from GDC to CC if the “amount involveds more than $20.

Question 19

Steps to Appeal to Circuit Court

Answer 19

(1) The party files written notice of appeal with the cleark of GDC within 10 days of judgment;
(2) the appealing party posts a bond and pays a writ tax in GDC within 30 days of judgment [10 days if its an unlawful detainer case]

Question 20

Category A Venue

Answer 20

Statutes prescribe the appropriate place for trial:
- Certain land actions, “local actions”
- Wills
- Writs
- Injunctions

Question 21

Category B Venue

Answer 21

(1) Where the defendant resides or has her principal place of employment
(2) Where the cause of action arose
(3) Where the defendant has a registered office or appointed agent
(4) Where the defendant regularly conducts substantial business activity (case has practical nexus to the place)
(5) In case to recover personal property, where the property is located
(6) In case against fiduciary appointed under court order, where fiduciary qualified.

Question 22

Improper Venue When Case is Filed

Answer 22

Even if the defendant objected to venue in a timely manner, the court would not necessarily dismiss the case. The court will transfer to a proper venue in Virginia unless it finds good cause to keep the case.

Question 23

Transfer from Proper Venue

Answer 23

If the case was originally placed in a proper venue, it can be transferred on motion of any party to another venue in Virginia. A court must find good cause for transfer.

Question 24

Factors for Good Cause

Answer 24

Factors relevant to good cause that the court weighs are:
(1) the plaintiff’s choice of forum against things like
(2) agreement of the parties
(3) the avoidance of substantial inconvenience to parties or witnesses
(4) any delay in party’s seeking transfer

Question 25

Forum Non Convenient Dismissal

Answer 25

If the cause of action accrued out of state and is brought by a nonresident of Virginia, and there is a more convenient venue outside Virginia, a court might dismiss without prejudice.
- The court must find (1) good cause and (2) that the other court has jurisdiction

Question 26

Service of Process

Answer 26

Serving process means serving the defendant with a “summons” and copy of the complaint.
- Note: in GDC its called a warrant

Question 27

Service of Process: Who can Serve?

Answer 27

Process may be served by an adult civilian who is not interested in the case or by the sheriff or deputy. An officer may serve in her city or county and in contiguous localities.

Question 28

Service on Individuals: 3 Ways

Answer 28

There are 3 ways to effect service on an individual. Virginia also follows a descending order rule; the party serving process can move down the ladder only if one of the “higher” forms of service is impossible.
(1) Personal or Actual Service: Delivering directly to the defendant. This must be tried and unavailable before other methods may be used.
(2) Substituted Service:
- Service must be at Defendant’s usual abode
- A member of Defendant’s family at least age 16 and not a guest; and
- The process server must tell that person the purpose of the documents
(3) Posted Service and Curing Statute: A defendant may be served by posting a copy of process on her front door and at least 10 days before taking default judgment, mailing process to her and certifying to the clerk that the mailing took place.

Question 29

Waiver of Service

Answer 29

Works the same as in federal court.

Question 30

Service Under the Long Arm Statute

Answer 30

Option 1:
a. The plaintiff executes and files an affidavit setting forth that the defendant is a nonresident or cannot be found with due diligence at the defendant’s last-known address.
b. The plaintiff then gives process and a copy of the affidavit to the Secretary of the Commonwealth
c. The Secretary then sends process to the defendant by certified mail
d. After the Secretary of the Commonwealth mails process to the defendant the Secretary sends the certificate of mailing to the court.

Option 2: The plaintiff can arrange for personal service out of state by one authorized to serve process there.

Question 31

Service on Domestic Corporations (Virginia) and Qualified Foreign (Non-Virginia) Corporations

Answer 31

All corporations incorporated in Virginia (and non-Virginia corporations qualified to transact business here) must designate a registered agent to receive service of process.
A plaintiff may personally serve:
(1) the registered agent or
(2) any officer or
(3) a director
If the registered agent cannot be found at the registered office, then the plaintiff can serve the clerk of the State Corporation Commission.

Question 32

Service on Other Foreign Corporations

Answer 32

If a non-Virginia corporation is not registered to do business here or has not appointed a registered agent, service can be made on any:
(1) officer
(2) director
(3) agent of the corporation found in Virginia
If none is found, 2 copies of process and an affidavit of the corporation’s last known address are served on the clerk of the State Corporation Commission.

Question 33

Service by Publication

Answer 33

NEVER available in personal - only used in cases concerning rights to property or status.

Question 34

Timeliness of Service

Answer 34

Plaintiff must have served process within 1 year of filing or the case will be dismissed unless he shows due diligence in trying to make service. Before dismissing, the court must give Plaintiff 30 days’ notice and hold a hearing.