Key Rules Flashcards
At the end of a Virginia Circuit Court trial, when the losing party wishes to file a motion to set aside the verdict, how long do they have to do so?
Within 21 days after the entry of judgment.
When may a potential juror be striken “for cause”?
When they have an interest in the case being tried or have expressed an opinion or bias in the matter.
(e.g., they are related to a party)
May a potential juror be striken for being a woman?
No, this would not be a permissible strike.
May a potential juror be striken for disliking Fox News?
Yes, this would be a permissible “peremptory strike” only.
Virginia’s General District Courts have exclusive subject matter jurisdiction for claims up to and including:
$4,500 not including any interest and attorney’s fees demanded.
To appeal a civil judgment from a Virginia Circuit Court, a party must file a notice of appeal in the Circuit Court and then:
File an Appeal Brief in the Virginia Court of Appeals.
To appeal a case from final judgment in the Virginia Circuit Court, what steps are required to perfect the appeal?
- Make any transcript part of the trial court’s record by filing it wihtin 60 days of entry of the final order, or file a “statement of the incidents of trial” within 55 days from the entry of the final order with notice to counsel of presenting it to the judge for certification;
- Post a bond for costs in the trial court
- File a Notice of Appeal in the Circuit Court Clerk’s Office within 30 days of entry of the Circuit Court’s Final Order,
- File an appeal brief in the Court of Appeals.
Appeals of civil matters from Circuit Courts go to:
The Virginia Court of Appeals, as of right.
As of right means no petition is necessary.
Procedurally, what occurs if a party files in the wrong appellate court?
The matter cannot be dismissed, it must be transferred to the correct appellate cout for consideration.
If a potential juror should have been striken for cause but is not, and a party uses a peremptory strike on that juror, does that cure the error or make it harmless?
No, it would be reversible error for a court to force a party to use one of their peremptory strikes when the juror should be striken for cause.
The appeallate courts will not consider any issue raised for the first time on appeal, unless it elects to apply the:
“ends of justice” exception.
This exception is very rarely applied and would not be applied in low stakes civil litigaiton.
To be considered on appeal, errors must be:
preserved in the trial court by way of objection.
When does the ends of justice exception apply?
To hear an issue NOT preserved by objection in the tial court.
When there is a grave or serious miscarraige of justice.
