Set 3 Flashcards
What is the deadline for filing a notice of removal to federal court based on diversity jurisdiction?
A notice of removal must be filed within 30 days after the D receives a copy of the initial pleading or the service of summons
What is the MAXIMUM amount in controversy for a civil property damage claim to be filed in GDC?
$25,000 is the maximum amount for this type of claim, when in GDC
What is the MAXIMUM amount in controversy for a personal injury or wrongful death claim to be filed in GDC?
$50,000 is the maximum amount for this type of claim, when in GDC
How long does a party have to respond to written discovery requests in VA state court?
A party must respond to written discovery requests within 21 days after service of request
What is the time limit for filing an answer or responsive pleading in VA state court?
A D must file an answer or responsive pleading within 21 days after service of process
What is the deadline for filing an appeal from the GDC to CC in VA?
An appeal must be filed within 10 days of the final judgment in the GDC
When can a party seek sanctions for spoliation of evidence in VA state court?
A party can seek sanctions for spoliation of evidence if the other party intentionally or negligently destroyed or failed to preserve relevant evidence
What is the requirement for a valid forum selection clause in a contract under VA law?
A forum selection clause must be clear and unambiguous, and its enforcement must not be unreasonable or unjust
What is the time limit for filing a demurrer in VA state court?
A demurrer must be filed within 21 days after service of the pleading being challenged
What is the time limit for serving process on a civil D in VA state court?
Process must be served on a D within one year from the date of filing the complaint, or the action may be dismissed without prejudice
What is the rule regarding the tolling of the SOL during the pendency of a motion for judgment?
The SOL is tolled during the pendency of a motion for judgment, and the time to file a new action is extended for 30 days after the entry of final judgment on the motion
When can a party seek relief from a final judgment in VA state court based on newly discovered evidence?
A party can seek relief from a final judgment based on newly discovered evidence within 21 days after the judgment was entered
What is the deadline for filing an answer to an amended complaint in VA state court?
An answer to an amended complaint must be filed within 21 days after service of the amended complaint
When can a party move to strike a pleading in VA state court?
A party can move to strike a pleading if it is insufficient in law, contains redundant, immaterial, impertinent, or scandalous matter, or is filed for an improper purpose
What is the requirement for a valid waiver of service of process in VA state court?
A waiver of service must be in writing, signed by the D, and filed with the court
When does GDC have exclusive jurisdiction over a claim?
When the amount in controversy is less than $4,500
What is the deadline to file a motion to reopen or rehear in GDC
The motion must be filed in GDC within 30 days of judgment
After granting a motion to reopen, within how many days must the judge hear and rule on the reopened case?
This must happen *within 45 days of the original judgment entry date in GDC
What type of lawsuits typically on the bar exam have Category A venue?
Divorce, Torts, Wills, and actions related to land
Where is Category B venue appropriate?
Where the D resides or has their principal place of employment, where D has substantial business activities, where the cause of action happened, or where the resident agent receives process. If the D is a non-resident then venue is where P resides
Can a case be dismissed only for venue if there is a proper forum in VA?
A case cannot be dismissed solely for lack of venue if there is a proper venue somewhere in VA
How does a party object to venue?
A party files a motion to transfer venue
What must a motion to transfer venue include?
This motion must state why venue is improper and where venue would be proper
When should a motion to transfer venue be filed in GDC?
A D can seek this any time before the trial begins
When can forum selection clauses in Ks not be enforced?
Upon a showing of unfairness, unreasonableness, fraud, or unequal bargaining power
