Time Periods and Limits Flashcards
when do you have to make a motion to transfer from GDC to circuit?
party must make motion to transfer 10 or more days before trial UNLESS good cause is shown
when do you have to appeal to circuit from GDC - what do you have to do next?
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
by when do you have to object to improper venue in Circuit Court?
within 21 days after service of process, unless the court gives you more time to file the responsive pleading
by when do you have to object to improper venue in GDC?
you may object on for before day of trial
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?
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
under the curing statute, by when must the process be “cured”
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?
under the curing statute, by when must the process be “cured”
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.”
under the curing statute, by when must the process be “cured”
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
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)
D must respond within 21 days
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)
D must respond within 21 days
plaintiff must serve defendant within what time period?
P must serve D within 1 year of filing the case
when does the return of service have to be filed
return of service must be filed within 72 hours of completing process
if P fails to serve D within 1 year of filing the case, what must court do before dismissing the action
give P 30 days notice and hold a hearing before dismissal
how many days to add to time to respond when serving documents (not process) by mail?
three
when is a service of a document (not process) by fax after 5 pm effective?
the next business day
what is the magic number for pleadings?
21
when are time extensions allowed or not allowed for pleadings?
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]
when must the return date be set re: GDC complaints telling D when his return date is
return date cannot be more than 60 days or fewer than 5 days after service of process
In Circuit, when are defendant’s responses to plaintiff’s pleadings due?
21 days after service
when motion to dismiss for failure to serve process properly is denied, by when must D make his responsive pleadings?
D must respond within 21 days of denial of the motion to dismiss
when should D file demurrer?
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
when will answer be due
answer will be due within 21 days of court’s overruling demurrers, pleas, motions etc.
when a defendant raises a pleading that must be sworn but was not, when must P make a motion to strike the pleading?
within 7 days after filing (otherwise waived0
when a defendant raises a pleading that must be sworn but was not, when must P make a motion to strike the pleading?
within 7 days after filing (otherwise waived)
when is P’s “reply” due?
21 days after service?
in GDC, if you want to request a subpoena, when do you have to do it?
must file request for subpoena at least 15 days before trial, otherwise, you must show good cause
timing for filing discovery responses
21 days
maximum number of interrogatories in VA
30
maximum number of interrogatories in VA, including subparts
30
max number of depositions allowed
no limit
what is the ESI discovery protocol rule?
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
how to get a nonparty to come for deposition
send subpoena – need court order within 21 days of filing the case
by when must D file counterclaim against P
within 21 days of service of process on her
by when does plaintiff/counter-defendant have to respond to defendant’s counterclaim
21 days after service of counterclaim
by when does plaintiff/counter-defendant have to respond to defendant’s counterclaim
21 days after service of D’s counterclaim
time limit for filing and responding to cross claims
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
when must D file impleader in Circuit vs. GDC
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
when must request of med Mal review panel be requested
within 30 days after a responsive pleading is filed by either party
SOL impleader rule
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
jury demand must be made when
you must demand a jury trial in writing no later than 10 days after service of the last pleading raising triable issues
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?
at least 10 days before trial, if not more
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?
must be mailed or delivered to opposing party at least 7 days before trial
otherwise,, not admitted unless there is consent of the parties
if a commissioner is used, what is the time limit for objecting to a commissioner’s report?
parties have 10 days to object to the commissioner’s report
if a commissioner is used, what is the time limit for objecting to a commissioner’s report?
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)
time limit for seeking rehearing in GDC
time limit for judge ruling on the motion
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
after entry of judgement, for how long does court have the power to suspend, vacate, or modify the judgment ?
21 days after judgment
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?
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
motion for a new trial must be filed when
within 21 days after judgment
when an interlocutory order is able to be appealed, when must party petition court of appeals to hear it?
party must petition court of appeals to hear it within 15 days of the order - court of appeals has discretion to hear it
timing for appeal of right from circuit to court of appeals
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)
by when does party have to appeal from DC to circuit
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
when does the return of service have to be filed
return of service must be filed within 72 hours of completing process
by when does the defendant have to respond if served by publication?
D must respond within 50 days of service
by when must appellant file opening brief
within 40 days of filing record on appeal [note that the clerk of the trial court prepares the record on appeal]
how to get transcript of trial into the record on appeal?
must file with circuit within 60 days (of what?) to get transcript of trial in the appellate record
how to get transcript of trial into the record on appeal?
must file with circuit within 60 days (of what?) to get transcript of trial in the appellate record
by when does party have to appeal from DC to circuit
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
by when does the defendant have to respond if served by publication?
D must respond within 50 days of service
when does the return of service have to be filed
return of service must be filed within 72 hours of completing process
by when must appellant file opening brief
within 40 days of filing of the record on appeal [note that the clerk of the trial court prepares the record on appeal]
when is appellee’s reply brie due?
30 days after opening brief is due
when is appellant’s reply to appellee’s reply due?
14 days after appellee’s initial reply
when must return of service be filed?
within 72 hours of completing process
if P nonsuits the action, P has a right to refile for how long? exception?
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
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?
party may seek review of final decree within 6 months of entry of judgement
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?
party may seek review of final decree within 6 months of entry of decree
