Termination of case without trial

Question 1

How does default and default judgement in VA differ from federal court?

Answer 1

The court enters default automatically, plaintiff does not need to move for the entry of default

Question 2

Does the defendant participate in default judgement hearing? How?

Answer 2

The defaulting defendant is entitled to appear at the hearing, and fully participate in the damages hearing.

Defendant my litigate damages but not liability

Question 3

Is there a remedy for a defendant facing default judgement?

Answer 3

The Circuit Court can grant leave to the defendant in default to file late responsive pleadings and cure the default.

Question 4

What must a party allege to support a suit for a temporary Injunction?

Answer 4

Applicant must alledge
1. Likely to suffer irreparable harm without injunction
2. likely to win on the merits
3. must allege facts showing the balance of equities ways and their favor
4. Exingent circumstances support the injunction
5. and there is no adequate remedy at law

Question 5

How do court’s handle granting a temporary injunction?

Answer 5

The granting of an injunction is an extraordinary remedy and rests upon the discretion of the court.
It will not be awarded unless the court is satisfied of applicant’s equity