Pleadings-General

Question 1

What makes the facts meet the pleading standard?

Answer 1

Cathy’s Intimate Troubles Never Cease

• clearly inform the opposing party
• of the true nature of the claim or defense.

Question 2

If the attorney refuses to sign the certificate, what happens?

Answer 2

The document can be stricken.

Question 3

What is the rule regarding exension of time?

Answer 3

• court may extend the time for filing pleadings and motions.
• It can do so even if DDL is passed

Question 4

Can the court condition an extension of time on the party’s posting a bond?

Answer 4

NO.

Question 5

What is the magic number in VA Civil Procedure?

Answer 5

21 . It’s the DDL for many pleadings.

Question 6

When does a statute of limitations start to run?

Answer 6

Upon accrual of the cause of action

• The date of injury or breach, regardless of whether the P was aware of it at that time
  
  • Not from date P discovered or should have discovered

Question 7

What are the two pleading types?

What does Virginia require?

Answer 7

Fact pleading and notice pleading

Virginia requires fact pleading (i.e., must include all facts necessary to back up allegations)

• Facts must be in numbered paragraphs

Question 8

What is the difference between the circuirt courts and the GDCs in Virginia?

Answer 8

Circuit courts:

• Have general SMJ

GDCs:

• Basically restricted to hearing legal claims only
• Courts not of record
• No formal pleadings
• No discovery
• No jury

Question 9

If a document that should be annexed to a pleading is not, what can the receiving party do?

Answer 9

Make a motion craving oyer, which requires the other party to produce the document, and then it is annexed

Question 10

When can a P plead inconsistent allegations?

Answer 10

P can plead alternative facts to alternative parties, if they arise from the same transaction or occurrence

Question 11

What is the one motion for which time cannot be extended by the court?

Answer 11

Venue (i.e., the judge cannot extend the time for filing a motion to transfer venue)

BUT you can simply ask for an extension of time to file a responsible pleading (i.e., just not refer to venue by name)

Question 12

What is an attorney certificate?

Answer 12

It is the Virginia version of FRCP 11

Attorney (or pro se party) must sign all pleadings, motions, and other papers, certifying that:

• She has read it
• To the best of her knowledge, information, and belief, it is grounded in fact and law
• It is not for harassment or delay