Pleadings - Part D

Question 1

What is the theory behind a third party claim?

Answer 1

The defendant does this on the theory that if the defendant owes anything to the plaintiff the third party does the defendant indemnification or contribution

Question 2

Mixing tort and contract claims

Answer 2

A litigant may mix tort and contract claims so long as they arise out of the same transaction

Question 3

A party pleading alternative theories

Answer 3

A party may plead alternative theories of its claims or defenses and against alternative parties even if they are inconsistent so long as the rise out of the same transaction

Question 4

Splitting a cause of action

Answer 4

Virginia is in the minority view that a plaintiff can file separate suits for a personal injury and property damages all arising out of same set of facts

Normally res judicata would bar that

Question 5

Amendments to pleadings and the trial court

Answer 5

Trial courts are mandated to liberally Grant leave to amend unless amendment would result in prejudice to The responding party

Question 6

Who has discretion to allow a party to File a late pleading

Answer 6

The judge. The judge has this discretion even if default judgment was entered provided the court still has jurisdiction and it is not more than 21 days from the final order

Question 7

When must denials be made under oath? (3)

Answer 7

-a person made, endorsed, assigned, or accepted any writing
-a person, partnership, corporation, or association owned, operated, or controlled any property or instrumentality, or
-parties sue or are sued as partners and their names are set forth in the pleading or when parties sue or are sued as a corporation

Question 8

The statute or rule requires a pleading to be filed under oath and it is not what happens?

Answer 8

The other side must object to the failure to file under oath by a motion to strike the pleading within 7 days of its filing o the right to have it filed under oath is waived

Question 9

What is interpleader?
arises when someone holds property or money to which multiple parties may have competing claims

Answer 9

the stakeholder can file an interpleader action asking the court to decide who is entitled to the property

Question 10

What is an intervention?

Answer 10

procedure in which you can file a petition to intervene in a pending proceeding

Question 11

What is lis pendens?

Answer 11

used to give notice to the world that there is a suit presently pending, the outcome of which may affect title to land

cannot file until actual litigation, the outcome of which may affect title to land, is pending