Trial

Question 1

Right to jury

Answer 1

-Actions at law, >$100, exclusive of interest, unless one party demands a jury or court on its own motion does, court may hear action

-Equity, court may on own or by party’s motion supported by affidavit that case will be in doubt by conflicting evidence of opposing party, may direct an issue to be tried before an advisory jury

Question 2

How to demand a jury

Answer 2

-In complaint

-Serve other parties demand any time after commencement but no later than 10 days after service of last pleading directed to the issue and file it with court

-must specify issues party wishes jury to try, or else all issues will be

Question 3

Jury sizes

Answer 3

->$25,000 exclusive of interest and costs are heard by 7 chosen from panel of at least 13

-<$25,000, 5 people chosen from 11

-Court can allow 12 in any civil case

Question 4

Who can be a juror?

Answer 4

-18, residents for one year, and of county/city in which they reside for 6 months

-licensed, practicing attorneys EXEMPT

Question 5

For cause challenges

Answer 5

Any number of panel members can be struck for cause, which includes incapacity, conviction of a felony, social or business relationship to a party or his attorney, or any other reason which may taint their impartiality

Question 6

Peremptory challenge

Answer 6

Parties/counsel, starting with P, will alternate striking one name from panel until remaining number is reduced to required number for jury

When there are more than 2 parties, all Ps share 3 strikes, and all Ds share 3 strikes

Question 7

Objections or motions at trial

Answer 7

Automatically preserved for appeal/reconsideration if made known to court

Question 8

What is a motion for nonsuit?

Answer 8

P’s voluntary dismissal

P can move for nonsuit before motion to strike evidence has been sustained, before jury retires from the bar, or before case is submitted to court for decision

Only one may be taken as of right against same party, but court can allow a additional on reasonable notice to counsel for all Ds

Nonsuits NOT permitted where counterclaim, crossclaim, or 3P claim arising out of same transaction unless they can remain pending for independent adjudication

Question 9

What are the implications of a nonsuit on SOL?

Answer 9

SOL tolled by commencement of nonsuited action–P may recommence within 6 months from date of the court order, within the original period of limitation, or within the limitation period for commencing an action by P.R., whichever is LONGER

Question 10

What is a motion to strike evidence?

Answer 10

MSJ

When sufficiency of party’s evidence is challenged, court must view evidence and all reasonable inferences drawn from such evidence in light most favorable to nonmovant

As with MSJ, may not be granted if any material fact is genuinely in dispute

Question 11

What is the final order requirement?

Answer 11

Generally, no judgment/order may be appealed until final. Final order is one that disposes of the whole subject, gives all the relief that is contemplated, and leaves nothing to be done by the court.

Question 12

When can you get an interlocutory appeal to VA SC?

Answer 12

When CC enters order prior to trial, and order is not appealable to Ct. App. or otherwise, any party may file in CC a statement why an immediate interlocutory appeal should be permitted.

Within 10 days of certification by CC, a petition for appeal may be filed with appellate court that would have JDX in an appeal from a final judgment in the case.

If SC determines certification by CC has merit, may permit appeal, notify all parties and CC as such.

Question 13

When can you get an interlocutory appeal to VA Ct. App.?

Answer 13

For an interlocutory decree to adjudicate the principles of a cause, the decision must be such that the rules or methods by which the rights of the parties are to be finally worked out have been so far determined that it is only necessary to apply these rules or methods to the facts of the case in order to ascertain the relative rights of the parties with regard to the subject matter of the suit

Essentially, this kind of order is one that must determine the rights of the parties and would affect any final order

Question 14

Can courts award final relief to one or multiple of the parties in a case but not all of them?

Answer 14

Yes, must title it a Partial Final Judgment, must find that interests of such parties and grounds are separate and distinct from remaining claims, results of any appeal of main claim cannot effect this partial decision, and decision of remaining claims cannot affect disposition of claims against the parties to the partial decision if parties are later restored by reversal of the partial order

Question 15

When must a post-trial motion be made?

Answer 15

Within 21 days of entry of judgment

Question 16

What is a motion for new trial?

Answer 16

Court grants new trial even if it was a jury trial. New trial may also be granted where damages were too small or were excessive.

Question 17

When can a motion for new trial be granted?

Answer 17

If court finds as a matter of law that damages awarded by jury are inadequate, court may:
1. Order new trial; or
2. Require D to pay an amount in excess of plaintiff’s recovery in verdict

No more than two new trials may be granted to same party in same action on grounds that the verdict is contrary to the evidence, either by trial court or appellate court or both

result must “shock the conscience”

Question 18

What is motion to set aside the verdict?

Answer 18

May be granted when verdict is contrary to the evidence or without evidence to support it. Only can be set aside if verdict is plainly wrong essentially.

Even if granted, a new trial should NOT be granted if there is sufficient evidence before the court to enable it to decide the case on the merits.

Question 19

What’s a motion to set aside the judgment?

Answer 19

Used in instances of fraud, accident, surprise, or mistake that would justify setting aside of a judgment and ordering a new trial.