Timing (VA Civ Pro)

Question 1

When must a motion for new trial in GDC be made?

Answer 1

w/i 30 days of JMT

Hearing and ruling w/i 45 days of JMT

Question 2

When must an objection to venue be filed?

Answer 2

w/i 21 days of S/P

Question 3

D may object to venue within […] days after D whose presence created venue is dismissed
if dismissed D was (i) not properly joined or (ii) joined to create venue

Answer 3

10

Question 4

Court may transfer a divorce or annulment action to proper preferred venue on own
motion within […] days of […].

Answer 4

[60]

[service of process on all parties]

Question 5

When does a D have to file a responsive pleading?

Answer 5

w/i 21 days of S/P

Question 6

The person who serves process must file proof of service within […].

Answer 6

[72 hours]

Question 7

Generally, process must be served within […] of the server receiving summons and complain.

Answer 7

5 days

Question 8

What are the responsive pleading deadlines if D waives S/P?

Answer 8

60 days after request for waiver waiver was sent if in VA; 90 days if outside VA

Question 9

When must an answer be filed?

Answer 9

w/i 21 days of S/P or entry of order overruling D’s responsive pleading

Question 10

When must a reply be filed?

Answer 10

21 days

Question 11

Until when may parties be added by motion?

Answer 11

w/i 21 days of filing the complaint

Question 12

What is the SOL for literally everything in Virginia?

Answer 12

Personal injury—2 years (may be extended for specific malpractice actions)
* Sexual abuse—generally 2 years; 20 years if occurred during infancy or incapacity
Final Review Outlines | Themis Bar Review | Virginia Civil Procedure | 7
* Claim of parent for expense in curing—5 years
2. Tortious injury to property—5 years
3. Defamation—1 year
4. Fraud—2 years if seeking money damages; laches if equitable relief
* Burden of proof is clear and convincing evidence
5. Mistake—only subject to SOL for underlying cause of action
6. Other personal action—2 years
7. Wrongful death actions—2 years
8. Contract actions
* UCC contracts of sale—4 years; parties can agree to shorter time
* Written non-UCC contract—5 years; parties can agree to shorter time
* Oral contracts—3 years; parties can agree to shorter time
* Contract governed by law of another JX—shorter of VA’s SOL or other state’s SOL
9. Contribution or indemnification
* Express contract—SOL for type of contract
* Implied contract—3 years
10. Action to enforce a note—6 years
11. Distress—5 years
12. Enforcement of deeds of trust, mortgage, or lien (D/T)
* Lien expressly states date of final payment—10 years from maturity date
* Cannot determine date of final payment from lien document—20 years
13. Actions to recover possession of land
* Ejectment—15 years
* Easement by prescription—20 years
* Unlawful detainer—3 years
14. Unsafe condition of an improvement to real property—5 years
* Period begins upon completion of performance (rather than the time of the injury)
15. Partnership actions—5 years
16. Enforcement of judgments—20 years for CC judgment dated prior to July 2021; 10 years
for all other judgments
17. Set aside transfer by insolvent transferor—5 years
18. Appeal of admittance to probate—6 months
19. Action by VA—generally no SOL

Question 13

When must a party respond to an interrogatory?

Answer 13

w/i 21 days of service

Question 14

When must a party respond to a request for the production of documents and tangible things, entry on land?

Answer 14

w/i 21 days of service; D may file written response within 28 days of service of complaint

Question 15

When does default occur?

Answer 15

when D fails to file a responsive pleading w/i 21 days of service (or 60/90 if waiver)

Question 16

When may D move to set aside default JMT?

Answer 16

w/i 21 days of entry default JMT

Question 17

When must a demand for a jury trial be made

Answer 17

w/i 10 days of the last pleading

Question 18

When must a post-verdict motion be made?

Answer 18

(i) after jury has rendered a verdict and before court pronounces JMT, OR
(ii) w/i 21 days of the entry of the JMT

Question 19

How long does the court retain control to modify, vacate, or suspend a judgment?

Answer 19

21 days from entry.

Question 20

If after 21 day period to modify a JMT has passed, the following options are available:

Answer 20

(1) Relief from JMT (b/c of fraud on ct., acc’d and sat., D was military at time of JMT)
(2) Clerical mistake
(3) Failure to notify party of final order
(4) Party served by publication who did not appear may petition for rehearing w/i two years
(5) Independent action to enjoin JMT
(6) Bill of review (vacates of modifies equitable order - must be w/i 6 mo.)

Question 21

When must written notice of appeal be filed w/ GDC?

Answer 21

w/i 10 days of entry of final JMT

Question 22

What are all of the timing requirements regarding appeals to the Court of Appeals?

Answer 22

• Notice of appeal—must file within 30 days of entry of the order
• Appeal and suspension bond—opposing counsel has 21 days to object
• Statement of facts—must file within 60 days of entry of order
• Transcript—must file within 60 days of entry of order
• Opening brief of appellant (including appendix)—filed within 40 days
• Appellee’s brief—filed within 25 days after appellant’s brief
• Reply Brief - in court of appeals, within 14 days

Question 23

What are the timing requirements regarding the Supreme Court?

Answer 23

• Notice of appeal—appellant must file with the trial court within 30 days of the entry of
  final judgment
• Appeal bond or an irrevocable letter of credit—appellant must file 15 days after
  certificate of appeal
• Petition to appeal—appellant must file with the Virginia Supreme Court
• Appealing trial court order—no more than 90 days after entry of the order
• Appealing court of appeals order—within 30 days after entry of the judgment
  appealed from or a denial of a timely petition for rehearing
• Appellant’s opening brief—appellant must file in the Virginia Supreme Court within 40
  days after the date of the certificate of appeal was issued
• Appellee must file opening brief within 25 days after the appellant’s opening brief;
  appellant may file a reply brief within 14 days after the appellee’s opening brief

Question 24

When must a motion to vacate or modify an arbitration award be brought?

Answer 24

90 days

Question 25

When must a request for a medical malpractice review panel be made?

Answer 25

w/i 30 days of D’s response

Question 26

What’s are the timing requirements for the VTCA?

Answer 26

• Written notice of claim given to atty. gen. or Division of Risk Management w/i one year of accrual of claim
• no suit can be filed until the sooner of when the claim is denied or six
  months from giving notice; suit must be filed no later than 18 months from the filing of
  the claim or within two years after the cause of action accrues

Question 27

When does the clock start ticking for SOL purposes?

Answer 27

On the day after the event occurred.