Pleadings Flashcards
All pleadings must state
the facts on which the party relies in numbered paragraphs
What is a motion craving oyer?
Requires a party to produce a document that should have been attached to the pleading
What is the outcome of a successful motion craving oyer?
Document is treated as though it was annexed to the pleading
What is the attorney certificate? (FRCP 11)
Signed by attorney, it certifies atty has read document - to the best of her knowledge it is ground in fact or law - it is not for harassment or delay
What if attorney refuses to sign certificate?
Document may be stricken
What is one motion that cannot be extended?
Motion challenging venue
When can a motion challenging venue technically be extended?
If court extends the time to file a responsive pleading
What is the time limit for most VA pleadings?
21 days
What are all civil cases called in VA?
Civil actions
If a plaintiff is suing for mandamus, prohibition, or certiorari what is the pleading called?
A petition
Contents of pleading in circuit court
name of court
names and addresses of parties
signature of lawyer
statement of facts in numbered paragraphs
clearly informs defendant of the true nature of the claim
Does the plaintiff have to allege jurisdiction and venue in the pleadings?
No
When P makes a statement of relief for damages, what is it called?
Prayer
Can you list all damages in a prayer together?
No. Punitive damages are separate
Can P join claims?
Yes if from same transaction or occurrence
What happens if P joins unrelated claims?
Misjoinder of claims
How long does D have to respond after service of process?
21 days
What does a Motion for a Bill of particulars request?
That P amplify her pleading promptly
Can D make a motion objecting to venue?
Yes and must state why venue is improper and what places wouyld be proper
When does D have to make motion challenging venue?
within 21 days
What if D files defective motion to transfer venue?
Court can still transfer
What happens if P does not serve process within 1 year of commencement?
D can file motion to dismiss
If P did not use due diligence in serving after a motion to dismiss…
Dismissed with prejudice
If P did use due diligence to serve process and D makes motion to dismiss…
motion is denied and D must respond within 21 days
D can challenge PJ if they make
a special appearance
If D wants to challenge PJ but engages on the merits in any way…
Defense is waived.
What is a motion to quash process?
Motion alleging faults in the service of process (can be filed with the merits)
What is a demurrer?
Tests sufficiency of a pleading that seeks affirmative relief
Can demurrer be raised to challenge PJ?
No this is a general appearance and waives PJ
What is the main use of a demurrer?
Failure to state a cause of action
Can a demurrer allege new facts?
NO!
What is the terminology if a demurrer is granted or denied?
It is sustained or overruled
What happens if demurrer is sustained?
Without prejudice and P is given time for amendment
When can D file a demurrer?
Before answer or at the same time
