Time Periods and Limits

Question 1

when do you have to make a motion to transfer from GDC to circuit?

Answer 1

party must make motion to transfer 10 or more days before trial UNLESS good cause is shown

Question 2

when do you have to appeal to circuit from GDC - what do you have to do next?

Answer 2

party must file written notice of appeal with the clerk of GDC within 10 days of the judgment

appealing party must post bond and pay writ tax in GDC within 30 days of judgment [UNLESS unlawful detainer case, which must be posed within 10 days of judgment]

these timing requirements persist even if party seeks rehearing at GDC

Question 3

by when do you have to object to improper venue in Circuit Court?

Answer 3

within 21 days after service of process, unless the court gives you more time to file the responsive pleading

Question 4

by when do you have to object to improper venue in GDC?

Answer 4

you may object on for before day of trial

Question 5

if you end up using posted service for service of process, when can you seek default judgement?

what about if you are in circuit court?

Answer 5

you must not seek default judgement fewer than 10 days after mailing process to the defendant (i.e. need at least 10 days between the mailing of process and taking the default)

in circuit, when mailing process to the D, the P must warn D that if he defaults, plaintiff may seek default 10 days after mailing

Question 6

under the curing statute, by when must the process be “cured”

Answer 6

basically, D must get actual notice of the service of process before default occurs otherwise, P has not properly served the D [I THINK?]

So if the process is served wrong, and D does not get actual notice until way after D would be in default, I think P has not done service of process correctly?

Question 7

under the curing statute, by when must the process be “cured”

Answer 7

basically, D must get actual notice of the service of process before default occurs otherwise, P has not properly served the D [I THINK?]

So if the process is served wrong, and D does not get actual notice until way after D would be in default, I think the curing statute will not apply

“Except for process commencing actions for divorce or annulment of marriage or other actions wherein service of process is specifically prescribed by statute, process which has reached the person to whom it is directed within the time prescribed by law, if any, shall be sufficient although not served or accepted as provided in this chapter.”

Question 8

under the curing statute, by when must the process be “cured”

Answer 8

basically, D must get actual notice of the service of process before default occurs otherwise, P has not properly served the D [I THINK?]

So if the process is served wrong, and D does not get actual notice until way after D would be in default, I think the curing statute will not apply

Question 9

if a plaintiff choses to have the sheriff in the defendant’s county to serve process on him, by when does D have to respond?

(for example, this method is done in non-resident cases involving property or status when the P decides not to do publication)

Answer 9

D must respond within 21 days

Question 10

if a plaintiff choses to have the sheriff in the defendant’s county to serve process on him, by when does D have to respond?

(for example, this method is done in non-resident cases involving property or status when the P decides not to do publication)

Answer 10

D must respond within 21 days

Question 11

plaintiff must serve defendant within what time period?

Answer 11

P must serve D within 1 year of filing the case

Question 11

when does the return of service have to be filed

Answer 11

return of service must be filed within 72 hours of completing process

Question 12

if P fails to serve D within 1 year of filing the case, what must court do before dismissing the action

Answer 12

give P 30 days notice and hold a hearing before dismissal

Question 13

how many days to add to time to respond when serving documents (not process) by mail?

Answer 13

three

Question 14

when is a service of a document (not process) by fax after 5 pm effective?

Answer 14

the next business day

Question 15

what is the magic number for pleadings?

Answer 15

21

Question 16

when are time extensions allowed or not allowed for pleadings?

Answer 16

Court may generally grant time extensions for filing pleadings and motions but may not condition extension of time on posing a bond

court must consider these factors:
(1) good faith of moving parties
(2) prejudice to other parties
(3) extenuating circumstances
(4) merit of the proposed documents

court may NOT provide extension on motion challenging venue [but court may allow time extension on time to file responsive pleading in general]

Question 17

when must the return date be set re: GDC complaints telling D when his return date is

Answer 17

return date cannot be more than 60 days or fewer than 5 days after service of process

Question 18

In Circuit, when are defendant’s responses to plaintiff’s pleadings due?

Answer 18

21 days after service

Question 19

when motion to dismiss for failure to serve process properly is denied, by when must D make his responsive pleadings?

Answer 19

D must respond within 21 days of denial of the motion to dismiss

Question 20

when should D file demurrer?

Answer 20

D should file his demurer before D serves his answer OR at the same time he serves his answer

if D files a demurrer after his answer, he needs court’s permission

Question 21

when will answer be due

Answer 21

answer will be due within 21 days of court’s overruling demurrers, pleas, motions etc.

Question 22

when a defendant raises a pleading that must be sworn but was not, when must P make a motion to strike the pleading?

Answer 22

within 7 days after filing (otherwise waived0

Question 23

when a defendant raises a pleading that must be sworn but was not, when must P make a motion to strike the pleading?

Answer 23

within 7 days after filing (otherwise waived)

Question 24

when is P’s “reply” due?

Answer 24

21 days after service?

Question 25

in GDC, if you want to request a subpoena, when do you have to do it?

Answer 25

must file request for subpoena at least 15 days before trial, otherwise, you must show good cause

Question 26

timing for filing discovery responses

Answer 26

21 days

Question 27

maximum number of interrogatories in VA

Answer 27

30

Question 28

maximum number of interrogatories in VA, including subparts

Answer 28

30

Question 29

max number of depositions allowed

Answer 29

no limit

Question 30

what is the ESI discovery protocol rule?

Answer 30

if you anticipate that your response to a discovery request will require you to produce ESI, you must propose a discovery protocol for Eli within 21 days after being served with the request, OR, 28 days if request accompanied the complaint

if the other party does not agree with the protocol, parties must make a good faith effort to meet within 15 days to work it out

Question 31

how to get a nonparty to come for deposition

Answer 31

send subpoena – need court order within 21 days of filing the case

Question 32

by when must D file counterclaim against P

Answer 32

within 21 days of service of process on her

Question 33

by when does plaintiff/counter-defendant have to respond to defendant’s counterclaim

Answer 33

21 days after service of counterclaim

Question 34

by when does plaintiff/counter-defendant have to respond to defendant’s counterclaim

Answer 34

21 days after service of D’s counterclaim

Question 35

time limit for filing and responding to cross claims

Answer 35

you must file cross claim within 21 days of service of process on you

other party must respond within 21 days of service of the cross claim

Question 36

when must D file impleader in Circuit vs. GDC

Answer 36

Circuit:
D must file impleader within 21 days of serving his FIRST responsive pleading, otherwise, needs leave of court

GDC:
D must file impleader claim within 10 days of serving first responsive pleading or up until the trial date, whichever is earlier

Question 37

when must request of med Mal review panel be requested

Answer 37

within 30 days after a responsive pleading is filed by either party

Question 38

SOL impleader rule

Answer 38

if P files the case within 30 days of the expiration of the SOL, D may implied up to 60 days past the SOL expiration

Question 39

jury demand must be made when

Answer 39

you must demand a jury trial in writing no later than 10 days after service of the last pleading raising triable issues

Question 40

in personal injury cases where a party seeks to use a medical report, when must written notice of intent to use report be given to the other party?

Answer 40

at least 10 days before trial, if not more

Question 41

in cases involving damage to vehicle in GDC or Circuit for more than $2,500, when must an itemized estimate or appraisal of person who repaired vehicle be Maile or delivered to opp. party?

Answer 41

must be mailed or delivered to opposing party at least 7 days before trial

otherwise,, not admitted unless there is consent of the parties

Question 42

if a commissioner is used, what is the time limit for objecting to a commissioner’s report?

Answer 42

parties have 10 days to object to the commissioner’s report

Question 43

if a commissioner is used, what is the time limit for objecting to a commissioner’s report?

Answer 43

parties have 10 days to object to the commissioner’s report (report is filed with the clerk of circuit court and clerk notifies counsel of record)

Question 44

time limit for seeking rehearing in GDC

time limit for judge ruling on the motion

Answer 44

party may seek rehearing no later than 30 days after entry of judgment in GDC

judge must rule on it no later than 45 days of entry of judgment

Question 45

after entry of judgement, for how long does court have the power to suspend, vacate, or modify the judgment ?

Answer 45

21 days after judgment

Question 46

after entry of judgement, for how long does court have the power to suspend, vacate, or modify the judgment ?

what happens after that period is over?

Answer 46

21 days after judgment – judgments and decrees are in the breast of the court, where court can modify vacate, suspend, etc.

after that time period, court has no jurisdiction to do that, even if there is a motion under advisement UNLESS there is fraud – court may vacate a default judgment or a decree on the ground of fraud for up to 2 years after entry of jdugement

Question 47

motion for a new trial must be filed when

Answer 47

within 21 days after judgment

Question 48

when an interlocutory order is able to be appealed, when must party petition court of appeals to hear it?

Answer 48

party must petition court of appeals to hear it within 15 days of the order - court of appeals has discretion to hear it

Question 49

timing for appeal of right from circuit to court of appeals

Answer 49

file notice of appeal with clerk of circuit court no later than 30 days after entry of judgment, including copies sent to all opposing counsel
— time may be extended in interests of justice

file copy of notice of appeal with court of appeals and pay filing fee immediately (but if not paid immediately, must pay within 10 days after notice is filed with the appeals court , or else appeal is dismissed)

Question 50

by when does party have to appeal from DC to circuit

Answer 50

party must file notice of appeal in GDC no later than 10 days after judgment [seeking rehearing does not affect this number}

party must post bond and pay writ tax and costs in GDC no later than 30 days of entry of judgment

Question 50

when does the return of service have to be filed

Answer 50

return of service must be filed within 72 hours of completing process

Question 50

by when does the defendant have to respond if served by publication?

Answer 50

D must respond within 50 days of service

Question 51

by when must appellant file opening brief

Answer 51

within 40 days of filing record on appeal [note that the clerk of the trial court prepares the record on appeal]

Question 52

how to get transcript of trial into the record on appeal?

Answer 52

must file with circuit within 60 days (of what?) to get transcript of trial in the appellate record

Question 53

how to get transcript of trial into the record on appeal?

Answer 53

must file with circuit within 60 days (of what?) to get transcript of trial in the appellate record

Question 53

by when does party have to appeal from DC to circuit

Answer 53

party must file notice of appeal in GDC no later than 10 days after judgment [seeking rehearing does not affect this number}

party must post bond and pay writ tax and costs in GDC no later than 30 days of entry of judgment

Question 53

by when does the defendant have to respond if served by publication?

Answer 53

D must respond within 50 days of service

Question 54

when does the return of service have to be filed

Answer 54

return of service must be filed within 72 hours of completing process

Question 55

by when must appellant file opening brief

Answer 55

within 40 days of filing of the record on appeal [note that the clerk of the trial court prepares the record on appeal]

Question 56

when is appellee’s reply brie due?

Answer 56

30 days after opening brief is due

Question 57

when is appellant’s reply to appellee’s reply due?

Answer 57

14 days after appellee’s initial reply

Question 58

when must return of service be filed?

Answer 58

within 72 hours of completing process

Question 59

if P nonsuits the action, P has a right to refile for how long? exception?

Answer 59

if P nonsuits the action, P may file within 6 months, or within the SOL period, whichever is longer

but if P did not file the initial suit in the right SOL period, P cannot refile

Question 60

in equity cases where party wants a Bill of Review, what is the time period within which party may seek review of a final decree?

Answer 60

party may seek review of final decree within 6 months of entry of judgement

Question 61

in equity cases where party wants a Bill of Review, what is the time period within which party may seek review of a final decree?

Answer 61

party may seek review of final decree within 6 months of entry of decree