Process and Orders of Publication - Part B Flashcards
Special Service: Non-Resident Motorist or Pilot Act
One who operates a motor vehicle or aircraft thru Virginia has authorized the Commissioner of the DMV (motor vehicles) and the Secretary of the Commonwealth (aircraft) as statutory agents to receive service of process for any action arising out of such operation of a vehicle or aircraft
When does the 21 day clock begin to run in regards to service?
Once service is complete. But for out of state resident it begins to run when a copy of the process is filed with the Clerk’s office
In what ways can Virginia courts acquire long-arm PJ over a defendant? (4)
-transacting any business in Virginia
-contracting to supply services or things in Virginia
-causing tortious injury by an act or omission in VA
-causing tortious injury in VA by any act or omission outside of VA, if the defendant regularly does business or derives substantial revenue from goods used or consumed or services rendered in VA
When long arm is challenged, what (2) inquiries must the court make?
1) whether the facts alleged engage any of the specific provisions of Virginia’s long arm statute, and
2) Whether the defendant had sufficient purposeful contacts (sufficient minimum contacts under Due Process) with VA that constitutionally makes it fair to be sued in VA
What must a claimant do before bringing any claim against a local government for negligence?
deliver a written notice to government containing the circumstances, location, and time of the alleged injury within 6 months of incident
What kind of tort immunity do counties have?
the same as a state does
Is sovereign immunity waived?
No, but may be raised as a defense
What is the Virginia Tort Claims Act?
Allows parties to bring an action against the Commonwealth for negligent acts of its agents or employees
It only applies to torts, and only against the state (not cities, counties,etc)
What is the VTCA cap?
The greater of $100,000 or any applicable insurance coverage
What is the jurisdiction for VTCA
Claims for less than $25,000 can be brought in GDC, and claims for over $25,000 must be filed in circuit courts (normal jurisdictional dollar amounts)
What is the procedure for a VTCA?
written notice of claim must be given within one year of accrual of claim
Who is the notice given to for a VTCA?
notice is given to the attorney general or director of the division of risk management, unless the agency that is alleged to be liable is the department of transportation, then notice is filed with Commissioner of Highways
When can the VTCA suit be filed?
the earlier of either the claim being denied or 6 months after giving notice
but no later than 18 months
What must you do when asserting other claims against the Commonwealth? (3)
Claims must be presented:
-in notice
-to the head of the department, division, or agency responsible for the act or omission, and
-within 5 years of accrual
When is notice given to the comptroller instead of an agency head?
When the claimant cannot identify the proper department
