VA Civ Flashcards
How do civil cases (not including domestic relations/works comp get appealed?)
1) File Notice of Appeal to the Clerk of Circuit court in 30 Days of entry of final judgment/order 2) Petition of appeal to the VA Supreme Court within 3 months of entry of final order, 3)Post bond for costs in VASC, 4) make transcript part of trial court record by filing with 60 days of entry OR file statement of incidents within 55 days of entry of final order with notice to counsel of presenting it to the judge for cert
(not fatal if put in the wrong court system - CoA will transfer petition to the Supreme Court)
Can you use Discovery depositions on SJ Motion?
No, but a party’s responses to requests for admissions can be submitted despite being based on discovery depositions as long as 1) no direct reference to depositions 2) do not require deponent to admit they gave specific testimony
How to satisfy SoF in VA?
Multiple writings may be used, does not require the entire agreement to be reduced to writing, just requires some written evidence of an otherwise oral agreement
Rule 11 Sanctions
When signing a pleading counsel makes assurance that 1) he’s read it, 2) to the best of his knowledge information and belief formed after reasonable inquiry that it is grounded in fact and warranted by existing law or good faith argument extension, modification or reversal of existing law 3) not interposed for any improper purpose such as harassment, cause unnecessary delay or needless increase in the cost of litigation
Before filing suit an attorney must….
Make an investigation into the facts (rule 11)
Demurrer standard of review?
Appeallate court will consider it de novo (no deference to the ruling of the court below
Where should first appeal of a real property claim original heard in the circuit court be filed?
In the Supreme Court - not specifically designated to the court of appeals
Nonsuit allowed unless…
1) motion to strike sustained, 2) jury has retired from bar 3)action has been submitted to the court for decision
How can a judge impose sanctions?
They do not need to wait for it to be raised by another party - trial judge has own discretion
Explain laches
1) only cover equitable claims
2) discretionary call by trial judge
3) judge should consider: time that has lapsed, effect of the lapse of time on the other party’s ability to defend the claim, loss of evidence or testimony due to the delay, or circumstances of the particular case
Can a lawyer lie to a tribunal?
A lawyer may not knowingly make a false statement of fact or law to a tribunal
What should a judge do if it sees misconduct by a lawyer
A judge should report lawyer misconduct that raises substantial question as to the lawyers honesty trustworthiness or fitness as a lawyer
What can a judge do if the lawyer is guilty of contempt in court? (without a jury)
1) may ban from particular courtroom 2) up to 10 days of jail 3) fine of up to $250
Set aside policy for CC
After entry of the final judgment, a case rests in the breast of court for 21 days. After this time the court has no further jurisdiction over the case
Ways to be striken from jury
1) related to a party 2) has any interest in the case being tried 3) expressed an opinion or bias in the matter (for cause)
Can you raise a new issue on appeal (assignment of error)?
Not unless the “ends of justice” exception applies (typically reserved for grave and serious miscarriage of justice
SMJ of VA GDC
All claims between 4500 and 25000, not including attorney’s fees and interest
Choice of law in VA?
Provisions in contracts for the sale of goods will be enforceable so long as the transaction bears a reasonable relationship to the state chosen
principal place of business test
Nerve Center Test (where high level officers direct, control and coordinate the corporation’s activities)
Where to Appeal a divorce decree
In the Court of Appeals
How to perfect an appeal of right?
Appellant must 1) file a notice of appeal with the circuit court clerk,
Missed deadlines for responsive pleadings in trial court?
It is the trial court’s discretion, reasoning and good cause for why the pleading was not done
Can a trial court grant relief from a default?
Yes but when good cause is shown
What should be on an appellant’s appeal bond?
Bond, filing fee, and a certificate stating names, bar numbers of opposing counsel and if a transcript is to be filed, a copy has been ordered from the court reporter
