Set 1 Flashcards
How long does Circuit Courts retain jurisdiction to consider post-trial motions
21 days after entry of a final judgment in circuit court
Civil appeals from circuit court go first to what court?
The court of appeals is the first place for civil appeals from this court to be filed
When a party files an appeal in the wrong appellate court, what result?
The appeals will be transferred
3 reasons a juror strike should be “for cause”
Juror is
1) Related to either party of the case
2) Has any interest in the outcome of the case, or
3) Has any apparent bias or prejudice to any party
To be considered on appeal, errors must be
Raised by objection in the trial court
Appeals from GDC to CC are
De-novo (appeals from this court will result in a brand new trial as if the first one never happened)
A motion to re-open a GDC case must be made within how long
This motion must be made within 30 days from the judgment of the GDC
A motion to vacate a judgment obtained by fraud on the court must be made within how long
A court may still do this within two years from the date of a judgment
A notice of appeal must be filed in the circuit court within how long
A notice of appeal is filed in this court within 30 days after entry of its final order
After losing a civil appeal in the VA court of appeals, a party may
A petition for appeal may be filed in the Supreme Court of VA in this situation
Motions for summary judgment: use of deposition testimony transcripts
These may not be directly admitted as evidence in a motion for summary judgment
Motions for summary judgment: use of a party’s admissions provided in response to a discovery request for admission
These may be admitted as evidence in a motion for summary judgment, even if based on answers from a deposition
Is it waivable: SMJ
This type of jurisdiction cannot be waived, and the issue can be raised at any point in the proceedings (including appeal)
Is it waivable: PJ
This type of jurisdiction can be waived
Ends-of-justice exception
This exception allows a party to raise an issue on appeal that was not preserved in the trial court (this exception is almost never applied)
Objecting to PJ after filing an answer or conducting discovery
An objection to this type of jurisdiction cannot be made after a party files an answer, makes a general appearance, or engages in discovery
A D’s motion to change venue must be made within how long
This motion must be made within 21 days of service of process on a D
A demurrer is a filing that does what
This filing challenges the legal sufficiency of a complaint (or counterclaim, cross-claim or third-party claim). This is the VA equivalent to a 12(b)(6) motion in federal court
Wrongful death suit: SOL
This type of action must be filed within 2 years of the date of the death
What type of filing challenges an action for exceeding the SOL
A “plea in bar” is filed to challenge this
Wrongful death suit: first class of beneficiaries
Surviving spouse, children, and parents (only if they were supporting the decedent at the time of their death)
Wrongful death suit: second class of beneficiaries
If no spouse, children, then to the parents, brothers, and sisters of the deceased and any other relative who was primarily dependent on the decedent and lived with them
SOL on actions for any verbal contract or unsigned written contract, express or implied
This type of claim must be brought within 3 years of a breach
SOL on actions for any written contract that is signed by the party to be charged
This type of claim must be brought within 5 years of a breach
SOL on actions for defamation
This type of claim must be brought within 1 year of the date a communication occurred
