Pleadings

Question 1

by filing a pleading or making a motion, you verify that

Answer 1

read the pleading, after reasonable inquiry it is well grounded in fact and good law, and not being filed for an improper purpose

Question 2

every pleading must be…

Answer 2

signed by a pro se litigant or attorney admitted to practice in virginia

Question 3

by statute, a signature defect

Answer 3

can be cured within 21 days after it is brought to the attention of the offending party

Question 4

punitive damages

Answer 4

must be able to show egregious willful or wanton conduct

Question 5

punitive damages are capped at

Answer 5

300k

Question 6

Circuit court– initial pleading called

Answer 6

complaint

Question 7

GDC– initial pleading called

Answer 7

complaint, motion for judgment, or form

Question 8

responsive pleading is called

Answer 8

answer

Question 9

answer must be filed..

Answer 9

within 21 days of service of process

Question 10

Counterclaim

Answer 10

claim by d against a plaintiff

Question 11

In Va, all counterclaims are

Answer 11

optional and do not need to arise from same t/o

Question 12

crossclaim

Answer 12

a claim by d against d; must arise from same t/o

Question 13

third party claim

Answer 13

claim from d against a new 3d party

Question 14

aggressive pleading

Answer 14

asserts a claim for relief

Question 15

defensive or responding pleading

Answer 15

responds to aggressive pleading

Question 16

responsive pleadings- gdc

Answer 16

no need to respond just show up; unless court requires it

Question 17

if responsive pleading asserts a new matter and expressly requests a reply

Answer 17

other side must reply within 21 days after denying or admitting new matter or new allegations are deemed admitted

Question 18

motion for bill of particulars

Answer 18

responsive pleading asking the court to compel other side to provide more information

within 21 days avoids default judgment

Question 19

Demurrer

Answer 19

responsive pleading that contends that even if all facts are true it does not state a cause of action as a matter of law

Question 20

if court grants demurrer, p can file an amendment that must

Answer 20

incorporate all allegations in original complaint

Question 21

a demurring party admits all facts pled by plaintiff, but

Answer 21

does not admit conclusions of law set forth by plaintiff

Question 22

Motion craving oyer

Answer 22

made to require the document being sued to be produced at the pleading stage

Question 23

motion to strike

Answer 23

challenges the sufficiency of defendant’s pleading

Question 24

motion to set matter for hearing on bill and answer

Answer 24

only equity claims; p asks court to consider whether answer is sufficient to make a defense

Question 25

affirmative defenses and plea in bar

Answer 25

if valid, will bar plaintiff’s claim

Question 26

d must plead and prove..

Answer 26

an affirmative defense

Question 27

affirmative defenses that are responsive pleadings and stop the 21 day clock

Answer 27

SOL and laches; res judicata (claim preclusion), collateral estoppel; contributory negligence; SOF

Question 28

Default occurs when defendant does not

Answer 28

appear or reply

Question 29

GDC- nonapearrance

Answer 29

treated as default; waives admissability of evidence

Question 30

if neither p nor d appear,GDC…

Answer 30

dismisses w/o prejudice

Question 31

if d appears and p does not…

Answer 31

dismisses w/o prejudice

Question 32

if d fails to file a responsive pleading in circuit court, he is in

Answer 32

default

Question 33

what does d give up?

Answer 33

right to further notice unless there is counsel of record, right to request a jury trial

Question 34

D may still appear to contest

Answer 34

damages and bring evidence on this

Question 35

counterclaim

Answer 35

d asserts claim against p

Question 36

does it need to arise from same t/o?

Answer 36

no; statute of limitations may still apply for that claim

if it does arise from same t/o, sol is tolled by claim of plaintiff

Question 37

plaintiff must file a responsive pleading to counterclaim

Answer 37

within 21 days of service or is deemed in default

Question 38

cross-claim

Answer 38

d asserts a claim against co-defendant

these must arise from same t/o

Question 39

co-d must file a responsive pleading within

Answer 39

21 days of service or be in default

Question 40

third party claim

Answer 40

defendant brings a third party to the suit on the theory that third party owes defendant indemnification or contribution

Question 41

litigants may mix

Answer 41

contract and tort claims and alternative theories so long as same t/o

Question 42

splitting a cause of action

Answer 42

p can file separate suits for pi and property damage, even if same t/o

Question 43

amendments to pleadings

Answer 43

trial courts are mandated to liberally grant leave to amend unless amendment would result in prejudice to responding party

Question 44

Filing Late pleadings

Answer 44

judge has discretion to allow a party to file a late pleading even if default judgment is entered if court still has jdx and it is not more than 21 days from final order

Question 45

interpleader

Answer 45

there may be competing claims so stakeholder files an interpleader action to decide who is entitled to the property

Question 46

intervention

Answer 46

file a petition to intervene in a pending proceeding

Question 47

lis pendens

Answer 47

gives notice to the world that there is a suit presently pending which may affect the use of land