Pleadings Flashcards
by filing a pleading or making a motion, you verify that
read the pleading, after reasonable inquiry it is well grounded in fact and good law, and not being filed for an improper purpose
every pleading must be…
signed by a pro se litigant or attorney admitted to practice in virginia
by statute, a signature defect
can be cured within 21 days after it is brought to the attention of the offending party
punitive damages
must be able to show egregious willful or wanton conduct
punitive damages are capped at
300k
Circuit court– initial pleading called
complaint
GDC– initial pleading called
complaint, motion for judgment, or form
responsive pleading is called
answer
answer must be filed..
within 21 days of service of process
Counterclaim
claim by d against a plaintiff
In Va, all counterclaims are
optional and do not need to arise from same t/o
crossclaim
a claim by d against d; must arise from same t/o
third party claim
claim from d against a new 3d party
aggressive pleading
asserts a claim for relief
defensive or responding pleading
responds to aggressive pleading
responsive pleadings- gdc
no need to respond just show up; unless court requires it
if responsive pleading asserts a new matter and expressly requests a reply
other side must reply within 21 days after denying or admitting new matter or new allegations are deemed admitted
motion for bill of particulars
responsive pleading asking the court to compel other side to provide more information
within 21 days avoids default judgment
Demurrer
responsive pleading that contends that even if all facts are true it does not state a cause of action as a matter of law
if court grants demurrer, p can file an amendment that must
incorporate all allegations in original complaint
a demurring party admits all facts pled by plaintiff, but
does not admit conclusions of law set forth by plaintiff
Motion craving oyer
made to require the document being sued to be produced at the pleading stage
motion to strike
challenges the sufficiency of defendant’s pleading
motion to set matter for hearing on bill and answer
only equity claims; p asks court to consider whether answer is sufficient to make a defense