Pleadings Flashcards

1
Q

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

A

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

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2
Q

every pleading must be…

A

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

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3
Q

by statute, a signature defect

A

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

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4
Q

punitive damages

A

must be able to show egregious willful or wanton conduct

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5
Q

punitive damages are capped at

A

300k

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6
Q

Circuit court– initial pleading called

A

complaint

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7
Q

GDC– initial pleading called

A

complaint, motion for judgment, or form

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8
Q

responsive pleading is called

A

answer

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9
Q

answer must be filed..

A

within 21 days of service of process

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10
Q

Counterclaim

A

claim by d against a plaintiff

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11
Q

In Va, all counterclaims are

A

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

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12
Q

crossclaim

A

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

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13
Q

third party claim

A

claim from d against a new 3d party

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14
Q

aggressive pleading

A

asserts a claim for relief

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15
Q

defensive or responding pleading

A

responds to aggressive pleading

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16
Q

responsive pleadings- gdc

A

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

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17
Q

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

A

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

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18
Q

motion for bill of particulars

A

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

within 21 days avoids default judgment

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19
Q

Demurrer

A

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

20
Q

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

A

incorporate all allegations in original complaint

21
Q

a demurring party admits all facts pled by plaintiff, but

A

does not admit conclusions of law set forth by plaintiff

22
Q

Motion craving oyer

A

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

23
Q

motion to strike

A

challenges the sufficiency of defendant’s pleading

24
Q

motion to set matter for hearing on bill and answer

A

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

25
affirmative defenses and plea in bar
if valid, will bar plaintiff's claim
26
d must plead and prove..
an affirmative defense
27
affirmative defenses that are responsive pleadings and stop the 21 day clock
SOL and laches; res judicata (claim preclusion), collateral estoppel; contributory negligence; SOF
28
Default occurs when defendant does not
appear or reply
29
GDC- nonapearrance
treated as default; waives admissability of evidence
30
if neither p nor d appear,GDC...
dismisses w/o prejudice
31
if d appears and p does not...
dismisses w/o prejudice
32
if d fails to file a responsive pleading in circuit court, he is in
default
33
what does d give up?
right to further notice unless there is counsel of record, right to request a jury trial
34
D may still appear to contest
damages and bring evidence on this
35
counterclaim
d asserts claim against p
36
does it need to arise from same t/o?
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
37
plaintiff must file a responsive pleading to counterclaim
within 21 days of service or is deemed in default
38
cross-claim
d asserts a claim against co-defendant these must arise from same t/o
39
co-d must file a responsive pleading within
21 days of service or be in default
40
third party claim
defendant brings a third party to the suit on the theory that third party owes defendant indemnification or contribution
41
litigants may mix
contract and tort claims and alternative theories so long as same t/o
42
splitting a cause of action
p can file separate suits for pi and property damage, even if same t/o
43
amendments to pleadings
trial courts are mandated to liberally grant leave to amend unless amendment would result in prejudice to responding party
44
Filing Late pleadings
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
45
interpleader
there may be competing claims so stakeholder files an interpleader action to decide who is entitled to the property
46
intervention
file a petition to intervene in a pending proceeding
47
lis pendens
gives notice to the world that there is a suit presently pending which may affect the use of land