Themis Essay 903 Flashcards
A defendant who has not been served with process within one year is permitted to make a
special appearance for the purpose of filing a motion to dismiss the action with prejudice (for the failure of the plaintiff to have the process served within one year).
If a defendant is not served within one year of filing suit, the court is prohibited from
entering judgment against the defendant, and the action is dismissed with prejudice (unless the plaintiff searched with due diligence to effect service).
For a court to be able to render a valid judgment, it must have both
(i) subject matter jurisdiction over the type of case; and
(ii) personal jurisdiction over the parties.
Virginia Circuit Courts have exclusive jurisdiction over a breach of contract action when the amount sued for exceeds
$25,000.
Virginia courts are permitted to acquire long-arm jurisdiction over
certain defendants in other states.
The Virginia Long-Arm statute provides that the courts have jurisdiction over anyone causing injury in Virginia to any person by breach of contract for goods made outside of Virginia when
it was forseeable that the goods would be used in Virginia.
When a defendant believes an action was brought in the wrong forum, the defendant can file a
motion to transfer.
A motion to transfer must state:
(i) where venue would be proper; and
(ii) why venue is not proper where the action was brought.
A motion to transfer must be filed within
21 days of service on the defendant.
A cause of action on a contract claim arises where
the contract was made or where the breach occurred.
Venue is proper where:
(i) the cause of action, or any part thereof, arose; or
(ii) where any of the plaintiffs reside if
(1) there is no preferred venue elsewhere, or
(2) if all of the defendants are unknown or are nonresidents of the Commonwealth.
