Trial Court Authority/ Sanctions/ Injunctions

Question 1

How long does the circuit court retain authority over a case after final judgment?

Answer 1

The Circuit court has authority over the case for 21 days after the date of entry of a final judgment. During this time, the judgment may be modified, vacated, or suspended. After that the judge no longer has the authority to modify the order.

Question 2

What are the two statutory bases/other basis’ for sanctions in Virginia?

Answer 2

General sanctions and discovery sanctions.

However, Courts also have inherent authority to impose sanctions beyond these rules.

The court’s authority to impose sanctions depends on the type of conduct being addressed.

Question 3

What must occur before the court imposes penalties for failing to update discovery responses?

Answer 3

VA rules requires parties to provide and update/supplement their responses to discovery requests if new information comes up.

However, the other side must first ask the court to order the other party to update or supplement their responses. Only if that order is ignored can the court impose penalties or sanctions.

Question 4

What can happen if an attorney files frivolous motions?

Answer 4

If an attorney files frivolous motions in court, the general sanctions statute allows the court to sanction them even without the other side complaining. The court can decide on its own to take action.

However, before imposing any punishment, the attorney must be informed about the issue and given a chance to explain themselves.

Question 5

What factors are considered when granting a temporary injunction?

Answer 5

Would the temporary injunction preserve the status quo and avoid irreparable harm to the moving party

Is there an adequate remedy at law?

What’s the likelihood of the plaintiff winning on the merits?

Does the court’s balancing the equities of both sides, favor the plaintiff?

Question 6

What is required before a temporary injunction is entered?

Answer 6

If the court decides to grant the temporary injunction, prior to entering the order, the judge will require the Party seeking the injunction to furnish a bond in sufficient amount to assure that if ultimately the Defendant wins, there will be assurance Defendant can recover whatever damages & costs he suffered due to the granting of the temporary injunction.