VA Civ Pro

Question 1

When must Plaintiff refile after taking a nonsuit?

Answer 1

Within 6 months or within the limitations period, whichever is longer.

Question 2

When can Plaintiff take a nonsuit without prejudice?

Answer 2

Only one chance unless:

1. Jury is deliberating case
2. Non-Jury case is submitted to the court
3. Motion to strike evidence is granted
4. Demurrer is fully argued and awaiting decision

Question 3

If Defendant filed a counterclaim or cross claim, can Plaintiff take a nonsuit?

Answer 3

Only if Defendant agrees and Defendant’s claims can be adjudicated independently

Question 4

What is different in VA regarding default?

Answer 4

Default is entered automatically if party fails to respond to affirmative pleading within time limit

Question 5

In VA, information about what a jury has done is generally

Answer 5

inadmissible

Question 6

Are juror testimony and affidavits admissible?

Answer 6

Generally, no.

Question 7

Grant of a new trial is usually limited to things a juror or jurors may have done

Answer 7

outside the jury room, not within it.

Question 8

May a juror come in after the proceeding to give evidence impeaching the verdict?

Answer 8

not generally