Themis Essay 904

Question 1

In Virginia, a default judgment is entered in Circuit Court against the defendant when

Answer 1

the defendant fails to file a responsive pleading within 21 days of service.

Question 2

If a default judgment is entered, the defendant may participate and introduce evidence relating to

Answer 2

damages, but may not introduce evidence as to liability if a damages hearing is ordered.

Question 3

A defendant in default waives

Answer 3

any right to future notice of proceedings.

Question 4

The rules for default apply in Circuit Court regardless of

Answer 4

whether a jury is impaneled to decide the issue of damages.

Question 5

Even if a default judgment is entered against a defendant, the defendant’s counsel of record, if there is one, is entitled to

Answer 5

notice of future proceedings.

Question 6

In Virginia, any person 18 years of age or older who is not involved in the litigation, or is a Sheriff or Sheriff’s deputy, can

Answer 6

serve process.

Question 7

Process requires service of both

Answer 7

the complaint and the summons, prepared by the clerk of the court.

Question 8

For Virginia corporations, service may be made on any

Answer 8

officer, director, or registered agent of the corporation.

Question 9

Virginia has a curative statute for service of process, which provides that

Answer 9

if service of process timely and actually reaches the intended recipient, it will be effective even if the formalities are not exactly followed.

Question 10

For service of process to be effective, the service must

Answer 10

actually reach the intended party; mere notice of service is not enough.

Question 11

A summons must be attached to the complaint for Virginia’s curative statute to

Answer 11

cure a defect in service.