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VA Procedure > Trial, Judgment, and Post-Trial Motions > Flashcards

Trial, Judgment, and Post-Trial Motions Flashcards

1
Q

There is no jury in…

A

GDC.

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2
Q

In Circuit Court, the right to a jury is…

A

the same as in federal court, BUT authorized under state law (not the 7th Amendment).

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3
Q

When a case involves law and equity issues, issues of fact underlying the law causes of action are…

A

tried to the jury first.

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4
Q

When a case involves law and equity issues, the issues of law underlying the equity causes are…

A

tried to the judge, and in ruling on these issues, the judge is bound by findings of fact made by the jury.

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5
Q

A party must file a written demand for a jury trial…

A

no later than 10 days after service of the last pleading raising the jury-triable issue(s).

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6
Q

If there is a right to a jury, but no party demands it, what happens?

A

The court holds a bench trial, unless the court orders a jury.

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7
Q

If the case involves more than $25,000, there are ___ jurors.

A

7

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8
Q

If the case involves $25,000 or less, there are __ jurors.

A

5

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9
Q

If the parties consent, a __ person jury may be used.

A

3

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10
Q

How many ‘for cause’ challenges does a party get during jury selection?

A

Unlimited.

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11
Q

How many peremptory challenges does a party get during jury selection?

A

3

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12
Q

Why must peremptory challenges be race and gender neutral during jury selection?

A

Jury selection is state action.

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13
Q

Objections to jury instructions are considered waived if not made before…

A

the jury is charged.

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14
Q

The court has _____ discretion over proceedings concerning the jury.

A

Great (but not unlimited).

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15
Q

Can a judge allow the jury to view premises?

A

Yes, if necessary to a just judication.

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16
Q

Can a judge allow pleadings into the jury room?

A

No.

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17
Q

Can a judge allow exhibits in the jury room?

A

Yes, in the court’s discretion.

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18
Q

Can a judge give her opinion on credibility of witnesses?

A

No.

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19
Q

Suppose a witness who was sequestered sneaks back into the courtroom and listens to some evidence. Can the judge nonetheless allow the witness to testify?

A

Yes, in the judge’s discretion.

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20
Q

Can juries be used in equitable causes of action?

A

Yes, in some situations.

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21
Q

An advisory jury is used to…

A

“aid the conscience” of the judge.

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22
Q

In GDC, testimony is usually given…

A

orally.

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23
Q

In a personal injury case in GDC, a party may present evidence of…

A

treatment of the injury by a healthcare provider’s report or by hospital records.

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24
Q

In GDC, a written medical report by a treating healthcare provider may be admitted if…

A

written notice of the intent to use the report is given to the other party at least 10 days before trial.

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25
Q

A healthcare provider’s report must be accompanied by a…

A

SWORN statement by the provider that:

  1. She treated the party;
  2. The information in the report is true, accurate, and fully describes the injury; and
  3. Any statement of costs contained in the report is true and accurate.
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26
Q

In GDC, hospital records may be admitted if they are accompanied by…

A

A SWORN statement of the person who had custody of the records that the records are true and accurate.

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27
Q

In an action to recover damages to a motor vehicle in excess of $2,500, evidence as to such damages may be admitted by…

A

An itemized estimate or appraisal of the person who repaired the vehicle.

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28
Q

In a motor vehicle estimate, the repair person must state under oath:

A
  1. That he is a motor vehicle repair person qualified to determine the amount of damages;
  2. The length of time that he has done such work; and
  3. The name and address of his employer.
29
Q

To introduce a motor vehicle repair estimate at trial, a copy of the estimate…

A

must be mailed or delivered to the adverse party at least 7 days before trial.

30
Q

In legal causes of action in circuit court, witnesses usually testify…

A

orally, and deposition testimony can be used as in federal practice.

31
Q

In equitable causes of action in circuit court, evidence is usually presented…

A

by deposition transcript, with no live testimony.

32
Q

“Ore tenus” means…

A

oral presentation of testimony.

33
Q

Issues in equity causes of action may be referred to a _____, who is not a judge, but who assists the judge in deciding the case. The judge sends matters by a ______, which spells out what the judge is requesting assistance on.

A

Commissioner; “decree of reference”

34
Q

Usually, a commissioner is asked to ______, and _______.

A

determine facts; suggest conclusions of law.

35
Q

Commissioners in chancery may be used only if…

A

all parties and the court agree, or if the court finds good cause on facts of the case.

36
Q

After a commissioner files her report of findings with the clerk of the circuit court, how long do the parties have to file objections in court?

A

10 days.

37
Q

A commissioner’s report is meant to assist, and not to bind, the judge. As to matters of fact, the judge…

A

is free to make her own findings, but may be reversed for abuse of discretion if she ignores findings that are “supported by the evidence.”

38
Q

A commissioner’s report is meant to assist, and not to bind, the judge. As to matters of law…

A

the commissioner’s report is entitled to no deference.

39
Q

A motion to strike the evidence is…

A

the functional equivalence to a motion for judgment as a matter of law in federal practice.

40
Q

If a judge in Virginia finds that the standard for a motion to strike the evidence is satisfied….

A

the judge,

  1. Grants the motion to strike evidence, and
  2. Enters summary judgment.

[procedurally different from federal practice].

41
Q

The verdict is…

A

the jury’s finding.

42
Q

A verdict must be _____, unless parties stipulate otherwise.

A

Unanimous

43
Q

What happens if parties do not stipulate to allow for a non-unanimous verdict, and the jury is unable to reach a unanimous decision?

A

Result of a hung jury and mistrial.

44
Q

If there is a 3-person jury, how many votes are required for a verdict to be upheld?

A

only 2.

45
Q

Assume a plaintiff’s complaint seeks $40,000 in damages. What is the most she can recover in trial?

A

$40,000.

[but federal court only has a complaint cap for default judgment cases].

46
Q

How should a jury reach their verdict?

A

as a group, through deliberation.

47
Q

In legal causes of action, the official announcement by the court of the decision in a case is called a…

A

judgment.

48
Q

In equitable causes of action, the official announcement by the court of the decision in a case is called a…

A

decree.

49
Q

In GDC, a party may seek a rehearing no later than…

A

30 days after entry of final judgment.

50
Q

In GDC, if a party has timely moved for a rehearing, the court must rule on the motion…

A

no later than 45 days of the entry of judgment.

(NOT the motion)

51
Q

Every final judgment or decree remains under the control of the court for…

A

21 days after entry.

52
Q

In the 21 days following a final judgment, the issuing court may…

A

suspend, vacate, or modify the judgment or decree.

53
Q

What is the 21-day period after final judgment called?

A

“in the breast of the court”

54
Q

What happens after the 21-day period after final judgement?

A

The court loses jurisdiction, even if there is a motion under advisement.

55
Q

As an exception, a court can vacate a default judgment or decree on the ground of _____ for up to _____ after entry.

A

fraud; 2 years.

56
Q

A motion to set aside verdict as contrary to the evidence is the equivalent of…

A

the renewed motion for judgment as a matter of law in federal practice.

57
Q

What is the big difference between an RJMOL and a motion to set aside verdict as contrary to the evidence?

A

In a motion to set aside verdict as contrary to the evidence, the party making the motion is not required to have moved to strike the evidence first.

58
Q

In Virginia, when must you file a motion for new trial?

A

Promptly (within 21 days).

59
Q

What are grounds for a motion for new trial in Virginia?

A
  1. Prejudicial (not harmless) error or misconduct by court;
  2. Misconduct of party, attorney, juror, or 3rd party;
  3. Discovery of new evidence;
  4. Unfair surprise by evidence presented at trial and the evidence had a material outcome on the trial;
  5. Excessive or inadequate damages.
60
Q

If liability is well established in a case, but a party finds that damages shock the conscious, in the case of a new trial, the court will likely order a new trial…

A

on the damages only.

61
Q

Suppose the judge suggests remittiter, what are the awarded party’s options?

A
  1. Accept the remittitur without protest;
  2. Accept the remittitur under protest and try to appeal the order to remit, OR
  3. Reject the remittitur and go through the new trial. If still aggrieved, the party may attempt to appeal on the ground that the grant of new trial was error.
62
Q

Along with remittitur, Virginia also recognizes…

A

additur.

63
Q

Why is additur allowed in Virginia court, but not federal?

A

The 7th Amendment doesn’t apply in state court.

64
Q

As to equity causes of action only, a party can seek review of final decree for up to…

A

6 months after entry

(this trumps the 21-day breast of the court rule).

65
Q

In equity causes of action, a party can file without leave of court…

A

for a bill of review to correct errors apparent on face of record.

66
Q

In equity causes of action, a party can file with leave of court…

A

for a bill of review based on new evidence.

67
Q

The only time discovery depositions and affidavits may be used in support or opposition of summary judgment motions is in actions where…

A

the only parties to the action are business entities and the amount at issue is for $50,000 or more.

68
Q

Do expert witnesses in Virginia need to file a report with the court?

A

No [but in federal court they do].

VA Procedure (17 decks)

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