Pleadings - Part A Flashcards

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1
Q

What is Virginia’s Sanction Statute?

A

the attorney who represents a party, or a party if appearing pro se, filing up leading or making a motion, whether in writing more orally, certifies that:
1) he has read the pleading, motion, or other paper
2) to the best of his knowledge after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument to extend, modify, or reverse existing law, and
3) it is not being filed for any improper purpose (such as to harass, cause unnecessary delay, or needlessly increase in the cost of litigation)

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2
Q

What should be the attorneys only motivation?

A

advancing the interests of her client

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3
Q

What must every pleading or written motion filed be?

A

Signed by a pro se litigant or an attorney admitted to practice in Virginia

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4
Q

What can a Virginia attorney not authorize an attorney licensed in another state to state to do?

A

Cannot authorize an attorney licensed in another state to sign the Virginia attorneys name to the bleeding

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5
Q

Can an improper signature be corrected?

A

yes, if the request is made within a reasonable time from the failure to sign, the trial judge has authority to permit the improper signature to be corrected

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6
Q

What is a praecipe for appearance?

A

In circuit court, this must be filed by the attorney (or pro se litigant) to give notice that the attorney is representing a party (for oneself)

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7
Q

How does an attorney become counsel of record in GDC?

A

the notice can be oral

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8
Q

What must be shown to receive punitive damages?

A

Must be able to show egregious, willful, or wanton conduct

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9
Q

what is the punitive damages cap in Virginia?

A

$350,000

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10
Q

What is the initial pleading called in Circuit Court?

A

The initial pleading by the plaintiff that commences the action is the complaint

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11
Q

What is the initial pleading in GDC?

A

It can be the complaint, a motion for judgment, or a District Court form (ie warrant in debt, warrant in unlawful detainer)

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12
Q

Responding in Circuit Court

A

The responsive pleading is called an answer, which generally must be filed within 21 days of service

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13
Q

responding in GDC?

A

not required to respond unless ordered by court

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14
Q

which court’s pleadings are less stringent

A

GDC is less stringent than CC

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15
Q

if you are clueless about a timing requirement on the exam what is a good guess?

A

21 days

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16
Q

what is a counterclaim?

A

a claim by a defendant against a plaintiff

17
Q

how are counterclaims handled in Virginia?

A

all counterclaims are optional and need not arise from the same transaction or occurrence

differ this from FED: there are permissive and compulsory counterclaims

18
Q

what may a judge do for a counterclaim?

A

in his discretion he may order a separate trial for it

19
Q

what is a cross claim?

A

a claim by a defendant against a co-defendant

20
Q

how is a cross claim handled in Virginia?

A

must arise out fo the same transaction or occurrence as the original action