va civ pro

Question 1

A plaintiff has the right to take a first nonsuit at any time before

Answer 1

(i) a motion to strike the evidence has been sustained,
(ii) the jury retires from the bar to decide the case, or
(iii) the action has been submitted to the court for decision.

Question 2

a judge, in imposing sanctions, has the power to

Answer 2

strike the evidence.

Question 3

Under the Virginia Supreme Court rules (Rule 4:12), the court may impose sanctions for a party’s failure to

Answer 3

comply with a discovery order.

Question 4

When the party has failed to attend his own deposition, serve answers to interrogatories, or respond to a request for production or inspection, the court may impose certain sanctions, including

Answer 4

striking the pleadings but not contempt, without the prior entry of an order to compel these discovery actions.

Question 5

Virginia’s sanction statute (Va. Code Ann. 8.01-271.1) grants a court the authority to

Answer 5

impose appropriate sanctions on any violation of this statute’s requirements whether the violation is brought to the court’s attention through a motion or the court acts on its own initiative.

Question 6

Virginia’s sanction statute provides that the attorney who represents a party (or a party who is proceeding pro se), by filing a pleading or making a motion, whether in writing or orally, certifies that:

Answer 6

i) He has read the pleading, motion, or other paper;
ii) To the best of his knowledge, information, and belief, formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; and
iii) It is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.

Question 7

The Virginia Sanction Statute gives the court the authority to award

Answer 7

reasonable attorney’s fees and costs as sanctions, and require the sanctioned attorney to pay them.

Question 8

Among the limited situations in which the courts and judges may issue attachments for contempt, and punish summarily is when

Answer 8

vile, contemptuous, or insulting language addressed to or published of a judge in respect of any act or proceeding had, or to be had, in such court.

Question 9

Among the sanctions that the court may impose for violation of the Virginia sanction statute is

Answer 9

prohibiting the attorney from practicing before it.

Question 10

The Canons of Judicial Conduct mandate that a judge should inform the Virginia State Bar when the judge has knowledge that a lawyer has

Answer 10

committed misconduct that raises a “substantial question” about the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.

Question 11

A notice of appeal must be filed within

Answer 11

30 days after entry of the final order

Question 12

the 30 day notice of appeal filing period is not interrupted by

Answer 12

the filing of a motion for a new trial or a motion to vacate.

Question 13

Generally, in any civil action, there is no appeal as of right to

Answer 13

the Virginia Supreme Court.

Question 14

An appeal to the Virginia Supreme Court is by

Answer 14

petition and therefore subject to the discretion of the Virginia Supreme Court.

Question 15

negligence action is appealable to the Virginia Supreme Court only by

Answer 15

petition

Question 16

Any party may move for summary judgment: when?

Answer 16

at any time after the parties are at issue (i.e., after responsive pleadings have been filed).

Question 17

At the conclusion of the plaintiff’s presentation of evidence at trial, a defendant may move to

Answer 17

strike the evidence presented by the plaintiff.

Question 18

At the conclusion of the presentation of evidence by all parties, who may move to strike the evidence?

Answer 18

any party may move to strike the evidence presented by another party.

Question 19

In support of or challenge to a summary judgment motion, a party may rely on

Answer 19

the pleadings, pretrial orders, admissions, interrogatories, and documents produced through discovery.

Question 20

for support of/challenge to a summary judgment motion, A party generally may not rely on

Answer 20

a discovery deposition in support of a summary judgment motion

Question 21

In support of or challenge to a summary judgment motion, a party may rely on a discovery deposition if:

Answer 21

(i) all parties to the action agree,
(ii) the action is only between business entities and the amount at issue is $50,000 or more, or
(iii) the plaintiff is seeking punitive damages.

Question 22

Jurisdiction goes to the core power of a court to

Answer 22

make a binding adjudication of an issue.

Question 23

Because jurisdiction is a matter of the court’s power to decide the case, an objection to subject-matter jurisdiction can be raised

Answer 23

at any time during the litigation or on appeal.

Question 24

The parties do not waive an objection to subject-matter jurisdiction by failing to raise the issue in

Answer 24

the Answer.

Question 25

A ruling by the trial court is not a basis for reversal unless

Answer 25

an objection was stated with reasonable certainty at the time of the ruling, except for good cause shown or to enable the Supreme Court to attain the ends of justice.

Question 26

in Virginia, collateral estoppel bars the parties from

Answer 26

relitigating a particular factual issue once it has been actually litigated between the same parties.

Question 27

Both sides are bound in later litigation by

Answer 27

the fact finding in the first action.

Question 28

A temporary injunction is issued to

Answer 28

prevent someone from doing an act or directing someone to do an act.

Question 29

Jurisdiction for TRO’s is only in

Answer 29

the circuit courts

Question 30

preferred venue for a motion seeking a temporary injuncton is in

Answer 30

the circuit court where the act is being threatened to be done or is being done.

Question 31

An application for a temporary injunction may be supported or opposed by

Answer 31

an affidavit or verified pleading

Question 32

when filing a motion for a temporary injunction

Answer 32

a bond must be posted unless the court determines it would be improper.

Question 33

the posted bond for a temporary injunction is based on the costs and damages that

Answer 33

will be sustained by the opposing party if found to be incorrectly enjoined

Question 34

if the court orders the temporary injunction, it will not take effect until

Answer 34

the bond is posted

Question 35

A temporary injunction may be awarded if the court is satisfied that

Answer 35

the plaintiff is entitled to equity.

Question 36

In considering whether to grant or deny request for injunctive relief, the Court should consider

Answer 36

(i) whether moving party has an adequate remedy at law;
(ii) whether moving party is likely succeed on the merits;
(iii) if moving party is likely to suffer irreparable harm without such relief;
(iv) does the balance of the equities tip in movants favor; and
(v) whether the relief in the public interest.

Question 37

no single factor for determining injunctive relief is

Answer 37

dispositive

Question 38

necessary parties:

Answer 38

All persons interested in the subject matter of a suit and to be affected by its results

Question 39

A person who is subject to service of process may be joined as a party in the action if

Answer 39

1) in the person’s absence complete relief cannot be accorded among those already parties, or
2) the person claims an interest relating to the subject of the action and is so situated that the disposition of the action in the person’s absence may as a practical matter impair or impede the person’s ability to protect that interest or leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of the claimed interest of the person to be joined.

Question 40

To secure an injunction, a plaintiff must demonstrate

Answer 40

(i) A clear showing that the plaintiff will likely succeed on the merits;
(ii) A clear showing that the plaintiff is likely to suffer irreparable harm without such relief;
(iii) The balance of the equities tip in the plaintiff’s favor; and
(iv) The relief is in the public interest.

Question 41

Even when appropriate, however, granting equitable relief such as an injunction is

Answer 41

discretionary with the court.

Question 42

To pursue a preliminary injunction, movant must

Answer 42

file a Bill of Complaint in circuit court to initiate his action.

Question 43

A preliminary injunction may be issued only after

Answer 43

a hearing on the need for the equitable relief

Question 44

Final decisions by the circuit court in civil cases are appealable to

Answer 44

the Court of Appeals of Virginia as of right

Question 45

The statute of limitations for a civil action seeking recovery for personal injuries is

Answer 45

two years, regardless of the theory of recovery.

Question 46

The cause of action in a personal injury action generally begins to run when

Answer 46

the injury is received.

Question 47

tolling provision for infancy (i.e., minority)

Answer 47

If a person entitled to bring an action is an infant at the time the cause accrues, the period of limitations does not start to run until the disability is removed

Question 48

To preserve an issue for appeal

Answer 48

a prompt objection to the trial court’s action must be made, stating the grounds for the objection.

Question 49

Failure to do so will result in the issue being waived except

Answer 49

(i) if the issue goes to the jurisdiction of the trial court, (ii) for good cause shown, or (iii) to attain the ends of justice.

Question 50

Generally, excluded testimony is made part of the record when the lawyer offering the testimony, outside the presence of the jury, makes a

Answer 50

proffer or summary what it is believed the witness will say and the other side does not object to the accuracy of the summary.

Question 51

A notice of appeal must be in writing and filed with the clerk of the general district court within

Answer 51

10 days of the entry of the judgment or order.

Question 52

When a statute or court rule requires that an act be performed within a prescribed amount of time after any event or judgment, the day on which the event or judgment occurred

Answer 52

should not be counted.

Question 53

When the last day for performing an act during the course of a judicial proceeding falls on a Saturday, Sunday, legal holiday, or any day or part of a day on which the clerk’s office is closed as authorized by an act of the General Assembly, the act may be performed

Answer 53

on the next day that the clerk’s office is not closed.

Question 54

The appeal of a judgment by the General District Court to the Circuit Court is heard

Answer 54

de novo.

Question 55

when a case is heard de novo, on appeal from GDC to Circuit

Answer 55

A new trial is held in the circuit court on any claim or counterclaim that has been properly appealed.

Question 56

An appellate court generally considers only errors that appear in

Answer 56

the record of the trial court proceedings.

Question 57

An appellate court does not hear

Answer 57

additional evidence regarding a matter on appeal.

Question 58

Arbitration agreements are

Answer 58

enforceable in Virginia

Question 59

Under the Uniform Arbitration Act, a court can compel arbitration if:

Answer 59

(1) there is an agreement between the parties to arbitrate and one party refuses, and (2) the court compelling the arbitration has jurisdiction over the claim.

Question 60

In Virginia, the Circuit Court has original jurisdiction over any claim for money damages that exceeds

Answer 60

$4,500.

Question 61

One party’s mere disagreement with the outcome of the arbitration is not enough to

Answer 61

vacate an award.

Question 62

A court can only vacate an arbitration award if there is

Answer 62

unfairness involved, either in the conduct of the arbitrator herself, or in the procedures followed.

Question 63

unfairness in the arbitratration can be in the form of

Answer 63

fraud or other undue influence on the part of the arbitrator, as well as the arbitrator exceeding the scope of her power, refusing to postpone a hearing upon sufficient cause, refusing to admit evidence material to the controversy, or the fact that there was no valid arbitration agreement in the first place.

Question 64

To enforce the arbitration award, a party must make an application to the court having jurisdiction over the parties for the court to

Answer 64

confirm the award and to enter a judgment in conformity with the award.

Question 65

Generally, a motion for a new trial is

Answer 65

a general motion

Question 66

a motion for a new trial is not specifically related to the verdict but instead seeking redress for

Answer 66

a certain procedural defects or instances of plain error by the court or misconduct by the jury.

Question 67

a motion for a new trial is a mechanism that is available where the jury has committed an error that prejudiced a party, examples including

Answer 67

discussing things that should not have been, or misconduct during deliberations, or attempts to tamper with the jury.

Question 68

Grounds for granting a new trial are those that are so substantial that it

Answer 68

could have resulted in a different verdict, and could not be discovered by due diligence prior to trial.

Question 69

Under Virginia law, in a civil action a jury verdict must be

Answer 69

unanimous.

Question 70

If the verdict is not unanimous, this results in

Answer 70

a hung jury

Question 71

if theres a hung jury, the judge must

Answer 71

declare a mistrial at that point and order a new trial on all issues

Question 72

because the foreperson of the jury rendered a unanimous verdict to the court, when in fact it was not unanimous, provides for sufficient grounds for

Answer 72

granting motion for new trial.

Question 73

Generally, during trial communications by a third party with jurors on matters that are material to the case are presumed to be

Answer 73

prejudicial; may be rebutted by evidence showing them to have been harmless.

Question 74

grounds for granting a new trial include

Answer 74

witness tampering

Question 75

witness tampering requires that

Answer 75

they were not done with intention of improperly influencing the decision of jury; and not material

Question 76

If the court were to decide third party communications with a juror could have been prejudicial, the judge may

Answer 76

order an investigation into the matter, and call the juror before the court to inquire about the conversation and its impact on the verdict.

Question 77

motion for a new trial is not the proper mechanism where

Answer 77

the defendant contends the award is excessive

Question 78

the proper motion where the defendant contends the award is excessive would be a motion to

Answer 78

set aside the verdict as contrary to the evidence

Question 79

the standard when the court is determining whether awarded damages are excessive is as follows

Answer 79

The judge does not weigh the evidence , but determines as a matter of law whether the jury could have reached such a verdict as it did from a reasonable consideration of the evidence and the instructions given by the court, and unless the judge can enter judgment for the other party, a new trial on all issues is the appropriate remedy

Question 80

A motion to set aside the verdict as contrary to the evidence should be granted where

Answer 80

the verdict is based on such insufficient evidence that is so plainly wrong that justice would not be done by enforcing the judgement against the party.

Question 81

as it relates to excessive damages, grounds for granting the motion to set aside the verdict as contrary to the evidence include

Answer 81

when there is no legal measure of damages, such as pain and suffering, and future losses

Question 82

the standard for the excessiveness of an award is if it is

Answer 82

so excessive that it shocks the conscience

Question 83

Grounds an assertion that the award is excessive are

Answer 83

jury sympathy to a party, bias, or misunderstanding of the evidence or instruction

Question 84

court can order a new trial on damages alone if

Answer 84

liability is clearly established

Question 85

where an award is excessive, instead of granting a new trial, the court can suggest

Answer 85

remittitur

Question 86

Remittitur entails the court telling the Plaintiff that they have the option to either

Answer 86

1) accept a reduced award (which in the courts mind is fairer and more reasonable given the evidence at trial, and which does not shock the conscience) or;
2) if the plaintiff rejects the lowered amount the court will order a new trial on all issues.

Question 87

Generally, punitive damages are not permitted unless

Answer 87

the defendants are deemed to be reckless, or willful and wanton.

Question 88

Generally, a post-trial motion occurs after

Answer 88

the court enters judgment or decree and the moving party seeks review from that court.

Question 89

With respect to post-trial motions in Virginia

Answer 89

timing is critical

Question 90

The governing Virginia rule on timing of post trial potions is

Answer 90

breast of court

Question 91

under breast of court

Answer 91

if after the circuit court does not suspend, vacate, or modify its final judgment, within 21 days of that final judgment being entered, the court loses jurisdiction over the case, and thus cannot make any rulings thereafter.

Question 92

The only exception to the breast of court rule is if

Answer 92

fraud is found

Question 93

A motion for a new trial falls under the timing requirement for

Answer 93

post-trial motions following the entering of a final judgment

Question 94

while evidence presented at trial was limited to conflicting testimony between the parties, the jury was permitted to

Answer 94

award a verdict that was less than that sought by the plaintiff in his complaint.

Question 95

if the court denies a party’s motion for a new trial, the best course of action is to

Answer 95

proceed with filing an appeal to the Virginia Court of Appeals

Question 96

In Virginia, a party generally has a right to appeal a final judgment from the circuit court in civil cases involving

Answer 96

$500 or more to the Court of Appeals of Virginia (CAV).

Question 97

post-trial motions do not extend the time period for which a party has to

Answer 97

file a notice of appeal.

Question 98

In order to properly appeal her case an Appellant must

Answer 98

file a notice of appeal with the clerk of the circuit court which presided over the case at trial, no later than 30 days after the entry of the final judgment, along with copies of the notice of appeal sent to all opposing counsel

Question 99

a timely filing of notice of appeal

Answer 99

perfects such appeal

Question 100

With regard to the content of the notice of appeal, it must

Answer 100

state whether any incidents of the case will be filed such as trial transcripts, or statement of facts.

Question 101

The appellant must also

Answer 101

file a notice of appeal with the court of appeals and at that time pay the filing fee; which late payment is ok if within 10 days after filing NOA, after which the appeal will be dismissed

Question 102

record of appeal includes

Answer 102

documents, exhibits, instructions given or refused, trial court orders, and a transcript of the trial so long as it was filed with the trial court within 60 days following the final judgment.

Question 103

Once the record of appeal is filed with the court of appeals, the appellant must file her opening brief within

Answer 103

40 days of that filing

Question 104

The appellants opening brief must contain

Answer 104

a statement of the nature of the case and proceedings in circuit court and any assignments of error with references to the record, where that error was preserved

Question 105

The SCV can either grant the petition or deny it based on

Answer 105

their own discretion

Question 106

a request for admission is

Answer 106

a written request that someone admit certain matters

Question 107

In federal practice, a request for admission

Answer 107

1) The responding party must respond in writing within 30 days of service, either denying specifically or objecting.
2) If a party fails to deny a proper request, the matter is deemed admitted.

Question 108

While in federal court a response to a request for admission is due within 30 days, in Virginia it is

Answer 108

21 days of service, however a party can move for an extension to respond.

Question 109

If the response is not sent within the 21 days and no extension is granted by the court; the question is deemed

Answer 109

admitted.

Question 110

In order to properly object to venue, the defendant must

Answer 110

file an objection to venue, and not a motion to dismiss based on improper venue; within 21 days of service of process upon defendant

Question 111

The circuit courts have exclusive jurisdiction over amounts sued for in excess of $25,000 for actions to

Answer 111

recover specific personal property

Question 112

circuit courts have concurrent civil jurisdiction with the General District Court for actions to recover specific personal property when

Answer 112

the amount claimed is more than $4,500, but does not exceed $25,000, excluding costs, fees, and interest.

Question 113

the jurisdiction of the circuit courts includes concurrent civil jurisdiction with the General District Court for wrongful death actions when

Answer 113

the amount claimed is more than $4,500, but does not exceed $50,000, excluding any claim for costs, attorney’s fees, and interest

Question 114

jury trials are held in

Answer 114

the circuit courts, not the General District Court

Question 115

circuit courts do generally have exclusive jurisdiction over amounts sued for in excess of

Answer 115

$50,000.

Question 116

A motion “craving oyer” in Virginia seeks a court order compelling the plaintiff to

Answer 116

produce a document mentioned in, but not attached to the complaint that is essential to the complaint.

Question 117

if a motion craving oyer is sustained:

Answer 117

the document becomes part of the plaintiff’s complaint and the defendant can rely on the document in a demurrer.

Question 118

a motion craving oyer is not

Answer 118

a discovery tool for compelling the plaintiff to produce relevant evidence, but instead places in the document that forms the basis for the complaint into the record.

Question 119

a demurrer is a responsive pleading that contends

Answer 119

that the original pleading does not state a cause of action or fails to state facts upon which relief may be granted.

Question 120

a special appearance is made by a person to

Answer 120

challenge the court’s jurisdiction or the validity of service of process.

Question 121

a plea in bar is a pleading that

Answer 121

asserts facts that, if proven, constitute a bar to an equitable claim

Question 122

a plea in bar typically asserts facts supporting

Answer 122

an affirmative defense, such as the statute of limitations or the Statute of Frauds.

Question 123

The General District Court shares concurrent original jurisdiction with the circuit court for an action to recover property damages that do not exceed

Answer 123

25,000

Question 124

for actions to recover property damages that exceed $25,000

Answer 124

the circuit court has exclusive original jurisdiction.

Question 125

A party may discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or in preparation for trial who is not expected to be called as a witness at trial, only upon a showing of

Answer 125

exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other means.

Question 126

the facts known and opinions held by a non-testifying expert employed by the other party are not discoverable merely because

Answer 126

they are relevant.

Question 127

A final circuit court decision involving divorce is appealable by right to

Answer 127

the Court of Appeals of Virginia, not to the Supreme Court of Virginia.

Question 128

the circuit court failed to either specifically retain jurisdiction in the matter or modify the decree within 21 days of the entry of its order

Answer 128

circuit court lacked the authority to modify the divorce decree; only the proper appellate court has jurisdiction to review the modified order.

Question 129

final decisions by the circuit court in civil cases are appealable to

Answer 129

the Court of Appeals of Virginia, not the Supreme Court of Virginia.

Question 130

A party must appeal a final circuit court order within

Answer 130

30 days of the entry of the order.

Question 131

process that has reached the person to whom it is directed within the time prescribed by law, if any, is sufficient even though

Answer 131

process was not served or accepted as required (except in divorce/annulment action)

Question 132

for the service of process curative provision to apply

Answer 132

the documents that reach the person must constitute process

Question 133

where the curative statutes renders service effective, the defendants motion to quash should be

Answer 133

denied

Question 134

a special appearance may be entered in order to

Answer 134

challenge the exercise of personal jurisdiction over the defendant

Question 135

a special appearance may be entered to

Answer 135

contest the validity of the service of process.

Question 136

Although process was not served on the defendant by the private process server, under the curative statute, the service of process is not subject to challenge because

Answer 136

the defendant did ultimately receive the process.

Question 137

Although process was not served in the proper manner because the defendant corporation received in the process in the mail, under curative statute

Answer 137

the service of process is not subject to challenge because the defendant did ultimately receive the process.

Question 138

A party may orally move to

Answer 138

amend a pleading

Question 139

granting leave to amend a pleading is

Answer 139

discretionary

Question 140

the rules mandate a court to liberally grant leave to amend unless

Answer 140

another party would be prejudiced by the amendment.

Question 141

A party may move to reopen a hearing to

Answer 141

consider further evidence

Question 142

When the trial has concluded, a party may make a motion to reopen a hearing to consider further evidence, prior to

Answer 142

the court’s issuance of a final order or within the 21-day period in which the court retains control to modify, vacate, or suspend the order for 21 days after its entry.

Question 143

a court disposition of a motion to reopen a hearing to consider further evidence is subject to

Answer 143

the court’s sound discretion

Question 144

In the circuit court, a responsive pleading such as an answer is required to be filed within 21 days of service on the defendant unless

Answer 144

the judge grants additional time.

Question 145

after the period for filing has expired

Answer 145

A judge has discretion to grant more time or to permit a party to file a pleading late

Question 146

In evaluating a judge’s exercise of this discretion, an appellate court applies

Answer 146

an abuse-of-discretion standard.

Question 147

Among the factors that a judge should consider in ruling on a party’s motion for leave to file a late pleading are:

Answer 147

(1) the length and reason for the delay, including whether the non-filing party acted in good faith,
(2) the existence of a substantial basis for the pleading itself (e.g., an answer that raises a valid defense), and
(3) the existence of prejudice to the other party if the filing is permitted.

Question 148

In a circuit court proceeding, a defendant against whom a default judgment has been entered may not contest issues regarding

Answer 148

his liability at trial.

Question 149

unlike a general district court action, in a circuit court action in the damages phase of the trial, the defendant (default judgment on liability entered against) may participate in the trial on damages by

Answer 149

objecting to evidence presented by the plaintiff regarding damages.

Question 150

a defendant who is in default may nevertheless participate in the trial regarding

Answer 150

damages suffered by the plaintiff.

Question 151

A defendant against whom has been entered a default judgment (with respect to liability) may not contest

Answer 151

the issue of liability

Question 152

Because the circuit court entered a default judgment against Bart regarding liability, Paige is entitled to

Answer 152

a judgment against him.

Question 153

a later determination that the plaintiff was contributorily negligent as a matter of law does not affect

Answer 153

the earlier adjudication of Defendant’s liability, when default judgment was entered on that issue

Question 154

A party taking a nonsuit may refile within the later of

Answer 154

1) six months from the date of entry of the order granting the nonsuit or
2) within the original period of limitations, which ignores the filing of the action that was nonsuited

Question 155

Since the original period of limitations expired while the first action was pending, the refilling of this action can satisfy the statute of limitations only if

Answer 155

it were brought within six months of the date that the court granted the nonsuit

Question 156

the tolling of the statute of limitation during the pendency of a claim generally applies when the dismissal of the claim is

Answer 156

not on its merits

Question 157

the tolling provision does not apply to the dismissal of a claim via

Answer 157

a nonsuit made at the request of the party.

Question 158

A cross-claim must involve subject matter growing out of

Answer 158

a matter pleaded in the complaint

Question 159

there is no requirement that a cross-claim be filed before or with

Answer 159

an answer

Question 160

a cross-claim generally must be filed within

Answer 160

21 days of service on the defendant unless the court grants additional time

Question 161

A circuit court judgment dated before July 1, 2021, is enforceable for

Answer 161

20 years from the date of the judgment

Question 162

an action for tortious injury to property must be brought within

Answer 162

five years

Question 163

the time limit for enforcement of a general district court judgment is

Answer 163

10 years from the date of the judgment

Question 164

because of the amount of damages sought here for injury to property exceeded $50,000, the action must have been brought in

Answer 164

the circuit court

Question 165

A circuit court judgment dated on or after July 1, 2021, is enforceable for

Answer 165

10 years from the date of the judgment

Question 166

a judgment dated before July 1, 2021, is enforceable for 20 years generally without regard for

Answer 166

the judgment creditor’s reason for delaying enforcement of the judgment

Question 167

when appealing from the GDC, aside from filing a notice of appeal to circuit within 10 days the judgment is entered; the appealing party must do what, and within what time period

Answer 167

Within 30 days from the date of judgment, the appealing party generally must pay the writ tax and court costs for the circuit court, and an appealing defendant generally must furnish an appeal bond.

Question 168

Where is the appropriate forum for a proceeding to award an injunction: against prosecution of an action requiring all claims against a debtor to be brought in one proceeding

Answer 168

The appropriate forum is the circuit court of the county or city in which the judgment was rendered or such proceeding is pending.

Question 169

Where is the appropriate forum for a proceeding to award an injunction against prosecution of an action prohibiting enforcement of a judgment earlier obtained in an action

Answer 169

The appropriate forum is the circuit court of the county or city in which the judgment was rendered or such proceeding is pending.

Question 170

Where is the appropriate forum for a proceeding to award an injunction against prosecution of an action prohibiting enforcement of a judgment earlier obtained in an action

Answer 170

The appropriate forum is the circuit court of the county or city in which the judgment was rendered or such proceeding is pending.

Question 171

Where is the appropriate forum for a proceeding to award an injunction that seeks to compel or prohibit any other act or proceeding

Answer 171

The appropriate forum is the circuit court of the county or city in which (i) the act is to be done, or being done, or is apprehended to be done; or (ii) the proceeding is pending.

Question 172

The appropriate forum for a divorce is:

Answer 172

(i) The county or city where the parties last cohabited;
(ii) At the option of the plaintiff, where the defendant resides if the defendant is a resident of the Commonwealth; and
(iii) If an order of publication may be issued against the defendant, the county or city in which the plaintiff resides.

Question 173

Where is the appropriate forum for distress action?

Answer 173

the county or city in which (i) the premises yielding the rent, or some part thereof, is located; or (ii) goods liable to distress may be found.

Question 174

When a plaintiff requests that a defendant waive service, what happens if the defendant agrees

Answer 174

A defendant who agrees to waives service is granted additional time in which to respond to the complaint: 60 days for in-state defendants, or 90 days for defendants outside Virginia.

Question 175

When a plaintiff requests that a defendant waive service, what happens if the defendant refuses to waive service

Answer 175

If a defendant refuses to comply with a request for waiver made by a plaintiff, the court must impose the costs subsequently incurred in effecting service on the defendant unless good cause for the failure is shown.

Question 176

Who can serve process

Answer 176

Any person who is at least 18 old and not a party or otherwise interested in the subject matter in controversy may serve process, including private process servers.

Question 177

where can a sheriff or deputy serve process

Answer 177

A sheriff or deputy can serve process within the sheriff’s jurisdiction or any contiguous jurisdiction.

Question 178

In what order must the three modes of service on natural persons be attempted?

Answer 178

(1) Personal service
(2) Delivery to a family member aged 16 or over at the defendant’s usual place of abode
(3) Posting at apparent entrance to defendant’s place of abode

Question 179

What is the curative statute regarding service of process?

Answer 179

Except in suits for divorce or annulment of a marriage, if improperly served process reaches the person to whom it is directed in time, service is good.

Question 180

The curative statute does not apply to

Answer 180

mere notice or incomplete process

Question 181

When long-arm jurisdiction does not apply, how must service of process be made on a foreign corporation authorized to do business in Virginia

Answer 181

Personal service on
(i) any officer, director, or the registered agent anywhere in Virginia,
(ii) a person designated to receive process, or
(iii) the clerk of the state corporation commission

Question 182

When long-arm jurisdiction does not apply, how must service of process be made on a foreign corporation not authorized to do business in Virginia?

Answer 182

Personal service on any agent anywhere in Virginia

Question 183

How can service of process be made on a nonresident who, personally or by agent, operates a motor vehicle or aircraft on the highways or airways of Virginia?

Answer 183

1) The Commissioner of the Department of Motor Vehicles (for motor vehicles) and
2) the Secretary of the Commonwealth (for aircraft)

are designated as statutory agents to receive service of process on behalf of these nonresident defendants.

Question 184

What two inquiries must the court make when long-arm jurisdiction is challenged?

Answer 184

The court must determine
(1) whether the facts alleged engage any of the specific provisions of Virginia’s long-arm statute, and
(2) whether the defendant had sufficient minimum contacts with Virginia to make jurisdiction constitutional.

Question 185

When a statutory agent receives service of process, what action must the agent take?

Answer 185

The statutory agent must mail a copy of the process to the defendant’s last known address and file a certificate of compliance with the clerk’s office.

Question 186

What notice of a negligence claim must be given to a county, city, or town?

Answer 186

For each cognizable claim, the claimant must file a written statement that includes
(i) the nature of the claim,
(ii) the time of the injury, and
(iii) the place where the injury is alleged to have occurred.

Question 187

(1) For what claims does the Virginia Tort Claims Act waive immunity?

Answer 187

The VTCA waives immunity for tort claims for
1) damage to or loss of property
2) or personal injury or death
3) caused by the negligent or wrongful act or omission of any employee acting within the scope of his employment.

Question 188

Whose immunity is waived by the Virginia Tort Claims Act?

Answer 188

The VTCA waives immunity on behalf of state and transportation districts, but not local government.

Question 189

If a plaintiff wants to sue a state agency under the Virginia Tort Claims Act, who is the proper defendant?

Answer 189

The proper defendant is the Commonwealth of Virginia, not the state agency.

Question 190

How is the issue of adding a party raised?

Answer 190

A motion alleging nonjoinder

Question 191

How is the issue of removing a party raised?

Answer 191

A motion alleging misjoinder

Question 192

For an order to be final, the order must be

Answer 192

1) signed by the judge and
2) contain language indicating that the case is to be concluded by the order.

Question 193

here the judge, by entry of an order, effectively says, “I am through with this case, there is nothing more for me, or the trial court, to do,” then it is

Answer 193

is a final order governed by Rule 1:1.

Question 194

order indicated that “nothing further” would be done on the case

Answer 194

This language would likely be enough to render this order final.

Question 195

Under Rule 1:1

Answer 195

1) Court retains control
2) to modify, vacate, or suspend
3) a final order for 21 days after entry
4) and no longer.

Question 196

Entry of an order is defined as

Answer 196

the date the judge signs the order.

Question 197

a final order becomes final and out of the control of the trial court

Answer 197

21 days after it is entered.

Question 198

To avoid triggering the 21-day period, the order must contain

Answer 198

specific, express language indicating its lack of finality

Question 199

under the 21 days of Rule 1.1, a motion for reconsideration not incorporated into the final order

Answer 199

would not affect the 21 day period

Question 200

In interpreting Rule 1:1, the Virginia Supreme Court has stated that

Answer 200

1) the 21-day period will not be tolled by any post-trial motion, and that
2) the only way a judge can re-start the 21-day period is through an express modification, vacation, or suspension of the order.

Question 201

if a party is concerned that the court will restore a prior order in opposing party’s favor, they should

Answer 201

draft an order that specifically forecloses any modification, suspension, or vacation of that final order after the expiration of Rule 1.1’s 21-day period.

Question 202

A final judgment, order or decree of a circuit court is appealable as

Answer 202

of right to the Court of Appeals of Virginia.

Question 203

A notice of appeal must be filed within

Answer 203

30 days of entry of the final order.

Question 204

the 30 day notice of appeal deadline is not interrupted by

Answer 204

the filing of a motion for a new trial, modification of the order, reconsideration, or to vacate.

Question 205

Only if the Circuit Court judge modifies, vacates, or suspends the order will

Answer 205

new time periods start all over.

Question 206

In Virginia, a default judgment is entered in Circuit Court against the defendant when

Answer 206

the defendant fails to file a responsive pleading within 21 days of service.

Question 207

If a default judgment is entered, the defendant may participate and introduce evidence relating to damages but may not

Answer 207

introduce evidence as to liability if a damages hearing is ordered.

Question 208

when default judgment is entered against defendant, he

Answer 208

waives any right to future notice of proceedings, but if there is counsel of record for the defendant, notice must be sent to the defendant’s counsel regarding such future proceedings.

Question 209

By making an appearance on behalf of the corporation, lawyer is now

Answer 209

the counsel of record and must be notified of any future proceedings in spite of prior default judgment against corporation.

Question 210

Even if a default judgment is entered against a defendant, the defendant’s counsel of record, if there is one, is entitled to

Answer 210

to notice of future proceedings.

Question 211

For the Circuit Court to hear a case, damages must be sought in an amount in excess of

Answer 211

$4,500

Question 212

circuit court will not have personal jurisdiction over a defendant when

Answer 212

(1) The basic requirements of service of process were not met
2) and the curative statute does not alleviate defective service

Question 213

who can serve process in Virginia?

Answer 213

1) any person 18 years of age or older and not involved in the litigation,
2) a Sherriff, or a Sherriff’s deputy

Question 214

Process requires service of both

Answer 214

the complaint and the summons, prepared by the clerk of the court.

Question 215

For Virginia corporations, service may be made on

Answer 215

any officer, director, or registered agent of the corporation.

Question 216

service was by a private courier, who, if over the age of 18, could

Answer 216

properly serve the defendant

Question 217

attached exhibits to service of process are not relevant to whether

Answer 217

service of process was effective.

Question 218

where the strict service formalities are not followed, absent a method to cure improper service

Answer 218

the court will lack jurisdiction over the case.

Question 219

Virginia has a curative statute for service of process, which provides that

Answer 219

if service of process is timely and actually reaches the intended recipient, it will be effective even if the formalities are not exactly followed.

Question 220

Curative statute: Service must actually

Answer 220

reach the person

Question 221

mere notice of service

Answer 221

is not enough.

Question 222

the summons must be attached to the complaint for

Answer 222

the curative statute to cure a defect in service

Question 223

In a circuit court action, the defendant’s basic response to the complaint

Answer 223

is an answer

Question 224

an answer must generally be filed

Answer 224

within 21 days after service of process upon the defendant.

Question 225

defendant is late in filing answer to complaint, he should

Answer 225

file a motion for an extension of time to file an answer

Question 226

after the period for filing has expired, the court has discretion to

Answer 226

grant more time or to permit a party to file a pleading after the period for filing has expired

Question 227

A circuit court judge can grant more time or permit a party to file a late pleading even after

Answer 227

a judgment by default has been entered, if within the 21-day period in which the court retains control to modify, vacate, or suspend a final judgment.

Question 228

In evaluating a judge’s exercise of this discretion in granting extension for filing or permitting a late pleading, an appellate court applies

Answer 228

an abuse-of-discretion standard.

Question 229

Among the factors that judge should consider in ruling on a party’s motion for leave to file a late pleading are

Answer 229

1) the length and reason for the delay in filing a pleading, including
2) whether the nonfiling party acted in good faith,
3) the existence of a substantial basis for the pleading itself,
4) and the existence of prejudice to the other party if the late filing is permitted.

Question 230

An affirmative defense is an assertion by the defendant that

Answer 230

even assuming the plaintiff’s allegations are true, the plaintiff is not entitled to the relief sought.

Question 231

An affirmative defense that constitutes a complete bar to the claim

Answer 231

generally must be pleaded; the failure to do so constitutes a waiver of that defense.

Question 232

When an affirmative defense merely reduces the liability of a plaintiff, such as the mitigation of damages defense

Answer 232

the defendant is not required to plead that defense but instead may wait until trial to raise the issue.

Question 233

The statute of limitations for personal injury is

Answer 233

two years, no matter what the theory of recovery is.

Question 234

The statute of limitations is

Answer 234

an affirmative defense that must be raised by the defendant in a responsive pleading (not by a demurrer)

Question 235

in asserting the affirmative defense of statute of limitations the defendants doesnt need to

Answer 235

specify the specific statute nor the dates of alleged conduct.

Question 236

this responsive pleading must be filed within 21 days of the service of the complaint on the defendant.

Answer 236

affirmative defense of statute of limitations

Question 237

to challenge jurisdiction of the court, defendant should make a

Answer 237

special appearance

Question 238

for moving to dismiss a default judgment a defendant should make a

Answer 238

special appearance

Question 239

A defendant who has not been served with process within one year is permitted to make a special appearance for the purpose of

Answer 239

1) filing a motion to dismiss the action with prejudice
2) for the failure of the plaintiff to have the process served within one year.

Question 240

If a defendant is not served within one year of filing suit, unless the plaintiff used due diligence in trying to effect service, the court is prohibited from

Answer 240

entering judgment against the defendant, and the action is dismissed with prejudice.

Question 241

to render a valid judgment a court must have both

Answer 241

1) subject matter jurisdiction over the type of case
2) and personal jurisdiction over the parties

Question 242

Virginia Circuit Courts have exclusive jurisdiction over a breach of contract action when

Answer 242

the amount sued for exceeds $25,000.

Question 243

Virginia courts are permitted to acquire long-arm jurisdiction over

Answer 243

certain defendants in other states.

Question 244

To determine whether Virginia has long-arm jurisdiction over out of state defendant, the courts will first ask whether

Answer 244

the facts alleged in the P’s complaint engage any of the specific provisions of Virginia’s Long-Arm Statute.

Question 245

included in the enumerated list of actions subjecting an actor to the personal jurisdiction of the Commonwealth’s courts are

Answer 245

transacting business in Virginia, and /or contracting to supply services or things in Virginia

Question 246

The Virginia Long-Arm Statute provides that the courts have jurisdiction over anyone causing injury in Virginia to any person by breach of warranty expressly or impliedly made in the sale of goods outside Virginia when

Answer 246

he might reasonably have expected such person to use, consume, or be affected by the goods in Virginia.

Question 247

If the defendant’s conduct falls within the Virginia’s long arm statutory requirements, the court will then ask whether

Answer 247

the defendant had the type of purposeful contacts with the forum to satisfy the constitutional requirements of fairness.

Question 248

whether the defendant had the type of purposeful contacts with the forum to satisfy the constitutional requirements of fairness; commonly referred to as

Answer 248

having sufficient “minimum contacts.”

Question 249

Through the list of in state independent contractors and the dual advertising (internet and TV ads), it seems likely that a court would find

Answer 249

that D had sufficient minimum contacts with Virginia for it to be fair for D to be sued in Virginia state courts.

Question 250

When a defendant believes the action was brought in the wrong forum, the defendant can file

Answer 250

a motion to transfer

Question 251

The motion to transfer must state

Answer 251

(i) where venue would be proper, and
(ii) why venue is not proper where the action was brought.

Question 252

A motion to transfer must be filed within

Answer 252

1) 21 days of service on the defendant
2) or within any period granted to extend time for filing responsive pleadings.

Question 253

A cause of action on a contract claim arises where

Answer 253

the contract was made or where the breach occurred.

Question 254

Venue is proper where

Answer 254

(1) the cause of action, or any part thereof, arose; or
(2) where any of the plaintiffs reside if
(i) all of the defendants are unknown or are nonresidents of the Commonwealth, or if
(ii) there is no preferred or other permissible venue.

Question 255

There are no provisions in the Virginia Rules of Civil Procedure that allow a plaintiff to choose the venue solely based on

Answer 255

convenience because that is where the plaintiff is employed.

Question 256

A motion made during a trial by a defendant to strike the evidence tests

Answer 256

the sufficiency of the evidence presented by the plaintiff (i.e., whether the plaintiff has made a prima facie case for a claim).

Question 257

A demurrer is

Answer 257

a responsive pleading that contends that the original pleading does not state a cause of action or fails to state facts upon which relief may be granted.

Question 258

A demurrer seeks to test

Answer 258

the sufficiency of the form, style, allegations, or appropriateness of the pleading that was filed.

Question 259

a demurrer is used against

Answer 259

aggressive pleadings only (such as a complaint).

Question 260

a demurrer must be

Answer 260

in writing and specifically state the grounds relied on, which will be the only grounds the court considers.

Question 261

A demurrer can be filed

Answer 261

before or concurrently with other responsive pleadings, but not after.

Question 262

In a circuit court action, a responsive pleading is required to be filed within

Answer 262

21 days of service on the defendant unless the judge grants additional time.

Question 263

The demurrant admits

Answer 263

all facts that are well pleaded only for purposes of the court’s considering the demurrer but does not admit conclusions of law.

Question 264

The rule in Virginia is that a jury verdict must be

Answer 264

unanimous, and such a verdict must be read in open court.

Question 265

the dissent of one juror is enough to

Answer 265

set aside the verdict.

Question 266

Although jurors cannot be questioned about misconduct in the jury room, a judge may inquire about

Answer 266

their conduct and conversations outside the jury room.

Question 267

If a juror has an improper conversation with a litigant or someone close to that litigant, the judge must decide

Answer 267

whether a new trial should be granted; at his discretion

Question 268

The standard for determining whether the verdict is excessive is

Answer 268

1) does it “shock the conscience” of the court
2) or is it not the product of a fair and impartial decision.

Question 269

The test used to determine whether a damage award is too high (or too low) is

Answer 269

if it “shocks the conscience” of the court or is not the product of a fair or impartial decision.

Question 270

punitive damages are available if

Answer 270

the defendant acted with actual malice or under circumstances amounting to a willful and wanton disregard of a plaintiff’s rights.

Question 271

In a situation in which a verdict is excessive, the court has

Answer 271

wide discretion on how to proceed.

Question 272

If the court determines that a jury award is excessive, the court may either

Answer 272

(i) grant a new trial, or
(ii) put the parties on terms to accept less than the award, and if either party does not do so, the court can then grant a new trial.

Question 273

for a jury award that is excessive, the court can suggest

Answer 273

remittitur

Question 274

for a jury award that is too low, the court can suggest

Answer 274

additur

Question 275

if the court found the award excessive, the court would probably

Answer 275

reduce the award to a more reasonable sum and ask P to accept it in lieu of the high verdict; If P did not accept the reduced award, the court could order a new trial.

Question 276

In a situation in which a verdict is excessive, the court has wide discretion on how to proceed; It can

Answer 276

1) grant a new trial on damages alone,
2) on liability alone,
3) or on both damages and liability, depending on the circumstances.

Question 277

if the jury agrees in liability and facts surrounding cause of injury not in dispute, but the award was excessive/too low the court would probably

Answer 277

grant a new trial solely on the issue of damages

Question 278

When one holds property that is the subject of competing claims, the stakeholder can file an

Answer 278

interpleader action joining all the claimants, alleging the facts, and asking the court to determine who is entitled to the property.

Question 279

both the circuit court and general district court have jurisdiction over an interpleader action, an interpleader action brought in general district court is generally subject to

Answer 279

its jurisdictional cap of $25,000.

Question 280

a general district court does not have what kind of authority in an interpleader actions

Answer 280

injunctive authorityy

Question 281

instead of an interpleader action brought by a stakeholder to determine rights as owner of stocks for example, a party may

Answer 281

bring a declaratory judgment action, even though a wrong has not been committed, when there is a real live controversy over the parties rights

Question 282

A person wrongfully deprived of personal property may file an action for

Answer 282

detinue, trespass, or trover.

Question 283

Detinue is an action to

Answer 283

recover the actual property.

Question 284

Trespass is an action to

Answer 284

recover monetary damages incurred by reason of lack of possession.

Question 285

Trover is an action to

Answer 285

recover the value of the property in addition to damages for lack of possession.

Question 286

as a responsive pleading, a demurrer must be filed within

Answer 286

21 days of service of complaint

Question 287

the physician patient privilege is only available in

Answer 287

civil proceedings in Virginia

Question 288

the physician patient privilege is not available if

Answer 288

the physical or mental condition of the patient is at issue

Question 289

plaintiffs under 18 must sue using

Answer 289

their next friend

Question 290

if an infants plaintiff’s parents have paid or are obligated to pay expenses associated with personal injury actions, the parents will have

Answer 290

a lien on and right of reimbursement out of any recovery in favor of their infant

Question 291

although the general statute of limitations for a personal injury action is to years and begins to run from the time of the injury, it is tolled for an infant until

Answer 291

the infant reaches 18 years old

Question 292

GDC has concurrent JX with Circuit where the amount claimed in a breach of contract action is

Answer 292

more than 4500 and not more than 25,000 ( excluding any claim for interest, atty’s fees, and costs)

Question 293

where GDC and Circuit have concurrent JX over a claim

Answer 293

the claimant may bring it in either court

Question 294

small claims court only covers claims with damages not exceeding

Answer 294

5000

Question 295

In actions to recover or partition personal property, whether tangible or intangible, there is no

Answer 295

preferred (Class A) forum

Question 296

In distress actions, the preferred (Class A) forum is

Answer 296

in the county or city in which the premises yielding the rent, or some part thereof, is located, or where goods liable to distress may be found.

Question 297

In a proceeding to award an injunction, the preferred (Class A) forum is

Answer 297

the same court (i.e., circuit or district) in the county or city in which the judgment was rendered or such proceeding is pending.

Question 298

When the injunction is not sought in connection with a judgment or proceeding in a trial court, the preferred forum is

Answer 298

the circuit court of the county or city in which the act is to be done, or being done, or is apprehended to be done, or where the proceeding is pending.

Question 299

In suits for annulment, affirmance, or divorce, the preferred (Class A) forum is

Answer 299

the county or city in which the parties last cohabited, or at the option of the plaintiff, in the county or city in which the defendant resides, if the defendant is a resident of the Commonwealth

Question 300

In cases in which an order of publication may be issued against the defendant, venue may also be in

Answer 300

the county or city in which the plaintiff resides.

Question 301

A medical malpractice review panel constitutes

Answer 301

an additional procedural step that may be requested by a party to a medical malpractice action.

Question 302

The opinion of a medical malpractice review panel is admissible at trial as evidence, but

Answer 302

it is not conclusive evidence

Question 303

request for review by medical malpractice panel review panel must be made within

Answer 303

30 days from the defendant’s filing of responsive pleadings

Question 304

In Virginia, a non-constitutional erroneous evidentiary ruling is harmless when

Answer 304

the parties have had a fair trial on the merits and substantial justice has been reached

Question 305

classification of a ruling as an abuse of discretion depends on

Answer 305

whether the judge made an arbitrary or unreasonable decision in the face of the relevant facts and law

Question 306

an assignment of errors is

Answer 306

a statement by the appellant alleging error by the lower court

Question 307

Generally, a defendant who files a counterclaim is deemed to have brought the action at the time of

Answer 307

filing the counterclaim.

Question 308

if the subject matter of the counterclaim arises out of the same transaction or occurrence upon which plaintiff’s claim is based, the statute of limitations with regard to the counterclaim is

Answer 308

tolled by the commencement of the plaintiff’s action

Question 309

A notice of appeal must be filed within

Answer 309

30 days of entry of the final order

Question 310

The 30 day notice of appeal period is not interrupted by

Answer 310

the filing of a motion for a new trial or a motion to vacate

Question 311

Unless the parties agree otherwise, a deposition may be taken of a party or witness designated to testify for a corporation or similar entity in the county or city where

Answer 311

the suit is pending or in an adjacent county or city.

Question 312

while the county or city in which a deponent resides is an appropriate location for deposing a nonparty, this is not an appropriate location for deposing

Answer 312

the representative of a party that is an entity

Question 313

while the county or city that is the principal place of business of a deponent is an appropriate location for deposing a nonparty, this is not an appropriate location for deposing

Answer 313

the representative of a party that is an entity

Question 314

the county or city in which the cause of action arose is not an appropriate place for taking the deposition of

Answer 314

a person designed by an entity as its representative for purposes of the deposition.

Question 315

Since the circuit court failed to either specifically retain jurisdiction in the matter or modify its final decree within 21 days of the entry of that decree

Answer 315

the circuit court lacked the authority to modify the divorce decree

Question 316

In order to retain jurisdiction after 21 days of entering a final decree, the court must

Answer 316

specifically state that it is retaining the right to adjudicate the matter, for example the court’s ability to modify a divorce decree.

Question 317

A court may modify a final order within 21 days of

Answer 317

the entry of the order

Question 318

the filing of to modify a final decree on the 21st day does not

Answer 318

stop the running of the 21 day period, the court itself must modify the final order within 21 day period.

Question 319

When a defendant appeals a general district court judgment, the court may permit the plaintiff to amend her complaint to

Answer 319

increase the amount in controversy to an amount greater than the jurisdictional limitation on a general district court action seeking monetary relief

Question 320

when plaintiff appeals a general district court judgment, plaintiff may not

Answer 320

amend her complaint to increase the amount in controversy to an amount greater than the jurisdictional limitation on a general district court action seeking monetary relief

Question 321

After the filing of the commissioner’s report, any party may file written objections to the commissioner’s conclusion within

Answer 321

10 days of the filing of the report, or, for good cause shown, at a later time set by the judge.

Question 322

While the court is not compelled to accept the commissioner’s report, the court should accept

Answer 322

the commissioner’s factual findings when the evidence has been taken in the commissioner’s presence, unless the weight of the evidence is contrary to the commissioner’s findings.

Question 323

If the commissioner excludes evidence, on request of the party whose evidence is being excluded, the commissioner must permit the party to

Answer 323

present the evidence in order to get it into the record of the commissioner’s proceedings. Rule 3:23.

Question 324

While a juror generally may not testify about any statement made or incident that occurred during the jury’s deliberations, Virginia recognizes that a juror may testify as to

Answer 324

one or more statements made by a juror during trial that exhibited overt racial/national origin bias tending to show that a racial/national origin stereotype or animus was a significant motivating factor in the juror’s vote and casting serious doubt on the fairness and impartiality of the jury’s deliberations or the verdict.

Question 325

A demurrer is a responsive pleading that challenges the sufficiency of

Answer 325

the form, style, allegations, or appropriateness of an aggressive pleading.

Question 326

A demurer contends that

Answer 326

the aggressive pleading does not state a cause of action or that such pleading fails to state facts upon which relief demanded can be granted.

Question 327

a motion to strike a pleading is used to

Answer 327

test the sufficiency of a defensive pleading such as an answer, plea of the statute of limitations, plea of payment, or demurrer

Question 328

a motion to strike a pleading is used only against

Answer 328

a defensive pleading, not counterclaims

Question 329

a motion for a bill of particulars is

Answer 329

a motion asking the court to compel the other side to provide the factual details that form the basis of their pleading

Question 330

a motion for a bill of particulars may be used against

Answer 330

aggressive as well as defensive pleading

Question 331

a motion craving oyer in Virginia is made for the purpose of

Answer 331

requiring the document being sued on to be produced at the pleading stage and to become a matter of record and a part of the plaintiff’s complaint.

Question 332

A motion “craving oyer” in Virginia seeks

Answer 332

a court order compelling the plaintiff to produce a document mentioned in, but not attached to the complaint that is essential to the complaint

Question 333

if a motion craving oyer is sustained,

Answer 333

the document becomes part of the plaintiff’s complaint and the defendant can rely on the document in a demurrer.

Question 334

Suits to enjoin the enforcement of or to set aside a judgment can be brought only in special circumstances, usually involving

Answer 334

fraud or mistake

Question 335

An independent equitable action to set aside a judgment or decree requires proof of the following elements:

Answer 335

(i) a judgment which ought not, in equity and good conscience, to be enforced;
(ii) the existence of a good defense to the alleged cause of action on which the judgment is founded;
(iii) fraud, accident, or mistake which prevented the defendant in the judgment from obtaining the benefit of his defense;
(iv) the absence of fault or negligence on the part of the defendant; and
(v) the absence of any adequate remedy at law.

Question 336

suits to enjoin the enforcement of or to set aside a judgment are available in situations involving

Answer 336

fraud or mistake.

Question 337

An independent equitable action to set aside a judgment or decree need not be brought within

Answer 337

21 days of the final order

Question 338

The general district court has jurisdiction over an action brought under

Answer 338

the Virginia Freedom of Information Act (FOIA) and has the authority to order a Virginia governmental entity to comply with this act.

Question 339

there is no requirement that damages be sought with respect to a

Answer 339

FOIA action

Question 340

there is no requirement that a FOIA action be linked to

Answer 340

a pending lawsuit

Question 341

a FOIA action may be brought to

Answer 341

acquire information, even when that information is not sought for the purpose of a pending lawsuit

Question 342

general district court, unlike the circuit court, does not have

Answer 342

general equity powers

Question 343

In a circuit court action, an answer must be filed within

Answer 343

21 days of service on the defendant unless the court grants additional time.

Question 344

a subsequent pleading, can properly be served on

Answer 344

a party’s attorney of record.

Question 345

Although the answer was faxed to the plaintiff’s attorney rather than personally delivered to the attorney, the answer, as a subsequent pleading, can properly be served through

Answer 345

a facsimile transmission

Question 346

In ruling on a motion for summary judgment, the court can consider

Answer 346

all the pleadings, pretrial orders, admissions, interrogatories, and documents produced

Question 347

In ruling on a motion for summary judgment, the court may not consider

Answer 347

statements made in an oral deposition unless all parties agree.

Question 348

In ruling on a motion for summary judgment Answers to requests for admission may be used, even though the requests for admission are based on facts learned from testimony at an oral discovery deposition, so long as

Answer 348

the request for admissions (i) makes no reference to the deposition, and (ii) does not require that the party admit that the deponent gave specific testimony.

Question 349

admissions may be considered by the court in ruling on a motion for

Answer 349

summary judgement

Question 350

answers to interrogatories may be considered by the court in ruling on

Answer 350

a motion for summary judgement.

Question 351

leadings may be considered by the court in ruling on

Answer 351

a motion for summary judgement.

Question 352

Virginia has adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA), which governs

Answer 352

judgments rendered by a federal court or by the court of another state.

Question 353

A judgment to be enforced under the UEFJA may be filed in

Answer 353

the circuit court regardless of the dollar amount.

Question 354

In addition to filing a notice of appeal with the clerk of the circuit court that entered the order being appealed, the appellant must also

Answer 354

send a copy of the notice to the counsel of record for the opposing party.

Question 355

a party who is appealing a final order of a circuit court must filed a notice of appeal with the clerk of the circuit court that issued the order, rather than

Answer 355

with the clerk of the Court of Appeals of Virginia

Question 356

A notice of appeal is subject to

Answer 356

a 30-day deadline as measured from the date on which the order being appealed was entered

Question 357

While the 30-day period begins on the day following that date, the notice is treated as having been received by the court clerk on the date transmitted with

Answer 357

pre-paid expense to the court clerk by priority, express, registered, or certified mail via the United States Postal Service, or by a third-party commercial carrier for next-day delivery.

Question 358

although the appealing party must include in any petition for appeal and in any opening brief assignments of error specifying what errors it claims that the trial court made, a party need not include this information in

Answer 358

its notice of appeal.

Question 359

Although the city or county in which the defendant regularly conducts substantial business activity is a permissible forum for civil actions, there must exist

Answer 359

a practical nexus to the forum, such as the location of fact witnesses, plaintiffs, or other evidence to the action.

Question 360

although the place where a defendant resides or has his principal place of employment is a permissible forum for civil actions, it is not

Answer 360

a preferred forum in which the action must be maintained

Question 361

although the place where a cause of action arose is a permissible forum for civil actions, it is not

Answer 361

a preferred forum in which the action must be maintained

Question 362

proper venue for an action brought against the Commonwealth of Virginia under the Virginia Tort Claims Act by a nonresident claimant is Richmond if

Answer 362

if the act complained of occurred outside Virginia

Question 363

In general, a wrongful death action must be brought by

Answer 363

the personal representative of the decedent’s estate within two years of the decedent’s death

Question 364

Although there is a two-year statute of limitation on the filing of a wrongful death action that is keyed to the date of the decedent’s death, there is also a limitation on a wrongful death action that is

Answer 364

keyed to the date of the decedent’s injury

Question 365

A wrongful death action cannot be brought if

Answer 365

the decedent did not die within two years of the injury ultimately causing death and no personal injury action had been filed by the deceased.

Question 366

A demurrer is an appropriate responsive pleading to challenge

Answer 366

the misjoinder of causes of action, but not the misjoinder of parties.

Question 367

a party seeking to challenge his joinder to an action should file

Answer 367

a motion to drop him as a party.

Question 368

while a plaintiff may plead alternative theories of recovery against alternative defendants, all claims must

Answer 368

arise out of the same transaction or occurrence

Question 369

Generally, a civil action that must be brought in a Virginia Circuit Court (e.g., a wrongful death action in which the amount in controversy exceeds $50,000) must be tried before

Answer 369

a seven-member jury

Question 370

Although a general verdict is the norm in Virginia, a judge is generally statutorily authorized to

Answer 370

submit written interrogatories to the jury on one or more factual issues. However, if the claim is for injury to the person or wrongful death, the judge cannot do this without the consent of all parties.

Question 371

wrongful death action was properly brought in a Virginia Circuit Court because the amount in controversy exceeded $50,000, the action failed to comply with Virginia civil procedure statutes because

Answer 371

only six individuals were empaneled on the jury

Question 372

While Virginia generally does require a civil jury to render a unanimous verdict, Virginia also requires a seven-member jury in a civil action involving

Answer 372

more than the maximum dollar jurisdictional limit of the general district courts

Question 373

A counterclaim (as well as a cross-claim) is subject to

Answer 373

the dollar jurisdictional limits of the general district court.

Question 374

For most claims that allege damages to personal or real property, the general district court lacks jurisdiction over claims when the amount claimed is more than

Answer 374

$25,000

Question 375

a counterclaim may be for more than

Answer 375

the amount sought by the plaintiff

Question 376

a counterclaim need not be related to

Answer 376

the subject matter of the complaint

Question 377

while a counterclaim (or a cross-claim) in an action brought in circuit court must generally be filed within 21 days of service of process on the defendant, a counterclaim (as well as a cross-claim) in an action brought in general district court may be filed

Answer 377

at any time before trial.

Question 378

When money damages are sought based on fraud, the statute of limitations is

Answer 378

two years after the cause of action accrues.

Question 379

time period for fraud begins running on the date of

Answer 379

discovery of the fraud or when the fraud reasonably should have been discovered by the exercise of due diligence

Question 380

For civil litigation purposes in Virginia, an infant, a person under the age of 18 years, is

Answer 380

a person under a disability

Question 381

Infants cannot sue on their own behalf, but instead must sue by

Answer 381

their next friend;

The style of the case is “X, an infant, who sues by her next friend, Y, Plaintiff.”

Question 382

Failure of an infant to sue by next friend results in a good judgment if

Answer 382

it is in favor of the infant.

If the judgment goes against the infant, the judgment is void.

Question 383

A misnomer occurs when

Answer 383

the correct person or entity is named as a party in a pleading but under an incorrect name, such as when the person’s name is misspelled

Question 384

A misnomer can be corrected

Answer 384

by the court on motion of any party.

Question 385

A misjoinder occurs when

Answer 385

an incorrect person or entity is named as a party in a pleading.

Question 386

As with a misnomer, a misjoinder can be corrected by

Answer 386

the court on a motion of any party

Question 387

For a personal injury action, the general rule is that the cause of action accrues, and limitations period begins to run when

Answer 387

the injury is received

Question 388

In Virginia, the filing of a complaint

Answer 388

stops the running of the statute of limitations

Question 389

In Virginia, the statute of limitations for a personal injury action is

Answer 389

two years after the cause of action accrues.

Question 390

The same two-year period in which to initiate an action applies to an infant, except that when a person entitled to bring an action is an unemancipated infant at the time the cause accrues, the period of limitations does not start to run until

Answer 390

the unemancipated infant reaches the age of majority (i.e., 18 years of age).

Question 391

Va. Code § 8.01-6 permits the tolling of the statute of limitations to

Answer 391

relate back to the date of the initial filing of the action when a new party is added

Question 392

for the tolling of the statute of limitations to relate back to the date of the initial filing on the action when a new party is added, four requirements must be met

Answer 392

i) The claim asserted in the amended pleading arose out of the same conduct, transaction, or occurrence set forth in the original pleading;
ii) The party to be brought in by the amendment or her agent received notice of the institution of the action within the limitations period prescribed for commencing the action;
iii) That party will not be prejudiced in maintaining a defense on the merits; and
iv) That party knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against that party.

Question 393

Affirmative defenses are defenses that, if valid, will

Answer 393

bar the plaintiff’s claim

Question 394

Generally, a defendant must

Answer 394

plead and prove an affirmative defense.

Question 395

A contract for sale may waive, modify or exclude any or all express and implied warranties and sell a new home “as is” only if

Answer 395

the words used to waive, modify, or exclude such warranties are conspicuous, set forth on the face of such contract in capital letters that are at least two points larger than the other type in the contract and only if the words used to waive, modify or exclude the warranties state with specificity the warranty or warranties that are being waived, modified, or excluded.

Question 396

To waive all warranties, a contract must specifically set forth in capital letters, at least two points larger than the other type in the contract, that the dwelling is

Answer 396

being sold “as is.”

Question 397

By including the defense in its answer, Southern properly pled the defense and it must be

Answer 397

considered by the court.

Question 398

A party may obtain discovery regarding

Answer 398

any matter relevant to the subject matter in the pending litigation.

Question 399

It is not grounds for objection that the information sought in discovery will be inadmissible at trial, if

Answer 399

the information appears reasonably calculated to lead to the discovery of admissible evidence.

Question 400

A party seeking discovery, after reasonable notice, may seek

Answer 400

an order compelling discovery

Question 401

Arbitration clauses are

Answer 401

enforceable, except when a consumer might be waiving an important substantive right.

Question 402

Contractual provision[s] limiting the place or court where potential actions between the parties may be brought are

Answer 402

prima facie valid and should be enforced unless the party challenging enforcement establishes that such provisions are unfair or unreasonable, or are affected by fraud or unequal bargaining power.

Question 403

The question of whether a contract is unconscionable is a question of

Answer 403

law for the court to decide; the issue does not go to the jury.

Question 404

Every pleading filed must be signed by

Answer 404

a pro se litigant, or by an attorney admitted to practice in Virginia.

Question 405

The Virginia attorney cannot authorize an attorney licensed in another state, but not in Virginia, to

Answer 405

sign the Virginia licensed attorney’s name to the pleading.

Question 406

If the pleading is not signed properly, the pleading is

Answer 406

defective and voidable unless and until the signature defect is cured.

Question 407

A signature defect may be cured within

Answer 407

21 days after it is brought to the attention of the offending party, or if the offending party seeks and is granted leave of court, within a reasonable time of filing.

Question 408

The corrected pleading or other paper is treated as having been

Answer 408

properly signed when originally served or filed.

Question 409

A filing that is invalid for lack of signature will not

Answer 409

toll the running of any applicable statute of limitations.

Question 410

if the signature defect is properly cured, the pleading or motion will

Answer 410

relate back to the date it was originally served or filed.

Question 411

To what court is a General District Court judgment appealed and what is the standard of review?

Answer 411

A General District Court judgment is appealed to the circuit court.
The standard of review is de novo.

Question 412

What must be done to appeal a General District Court judgment?

Answer 412

Within 10 days after entry of the order or judgment being appealed, the party must notify the clerk’s office in writing of the appeal.

Within 30 days from the date of judgment, the appealing party generally must pay the writ tax and court costs for the circuit court, and an appealing defendant generally must furnish an appeal bond.

Question 413

Where is the appropriate forum for a proceeding to award an injunction: against prosecution of an action requiring all claims against a debtor to be brought in one proceeding

Answer 413

The appropriate forum is the circuit court of the county or city in which the judgment was rendered or such proceeding is pending.

Question 414

Where is the appropriate forum for a proceeding to award an injunction against prosecution of an action prohibiting enforcement of a judgment earlier obtained in an action

Answer 414

The appropriate forum is the circuit court of the county or city in which the judgment was rendered or such proceeding is pending.

Question 415

Where is the appropriate forum for a proceeding to award an injunction that seeks to compel or prohibit any other act or proceeding

Answer 415

The appropriate forum is the circuit court of the county or city in which (i) the act is to be done, or being done, or is apprehended to be done; or (ii) the proceeding is pending.

Question 416

The appropriate forum for a divorce is:

Answer 416

(i) The county or city where the parties last cohabited;
(ii) At the option of the plaintiff, where the defendant resides if the defendant is a resident of the Commonwealth; and
(iii) If an order of publication may be issued against the defendant, the county or city in which the plaintiff resides.

Question 417

Where is the appropriate forum for distress action?

Answer 417

The appropriate forum is the county or city in which (i) the premises yielding the rent, or some part thereof, is located; or (ii) goods liable to distress may be found.

Question 418

When a plaintiff requests that a defendant waive service, what happens if the defendant agrees or refuses to waive service?

Answer 418

A defendant who agrees to waives service is granted additional time in which to respond to the complaint: 60 days for in-state defendants, or 90 days for defendants outside Virginia.

If a defendant refuses to comply with a request for waiver made by a plaintiff, the court must impose the costs subsequently incurred in effecting service on the defendant unless good cause for the failure is shown.

Question 419

(1) Who can serve process, and (2) where can a sheriff or deputy serve process?

Answer 419

(1) Any person who is at least 18 old and not a party or otherwise interested in the subject matter in controversy may serve process, including private process servers.

(2) A sheriff or deputy can serve process within the sheriff’s jurisdiction or any contiguous jurisdiction.

Question 420

In what order must the three modes of service on natural persons be attempted?

Answer 420

(1) Personal service
(2) Delivery to a family member aged 16 or over at the defendant’s usual place of abode
(3) Posting at apparent entrance to defendant’s place of abode

Question 421

What is the curative statute regarding service of process?

Answer 421

Except in suits for divorce or annulment of a marriage, if improperly served process reaches the person to whom it is directed in time, service is good.

Note: The curative statute does not apply to mere notice or incomplete process.

Question 422

When long-arm jurisdiction does not apply, how must service of process be made on (1) a foreign corporation authorized to do business in Virginia, and (2) a foreign corporation not authorized to do business in Virginia?

Answer 422

(1) Personal service on (i) any officer, director, or the registered agent anywhere in Virginia, (ii) a person designated to receive process, or (iii) the clerk of the state corporation commission
(2) Personal service on any agent anywhere in Virginia

Question 423

How can service of process be made on a nonresident who, personally or by agent, operates a motor vehicle or aircraft on the highways or airways of Virginia?

Answer 423

The Commissioner of the Department of Motor Vehicles (for motor vehicles) and the Secretary of the Commonwealth (for aircraft) are designated as statutory agents to receive service of process on behalf of these nonresident defendants.

Question 424

What two inquiries must the court make when long-arm jurisdiction is challenged?

Answer 424

The court must determine (1) whether the facts alleged engage any of the specific provisions of Virginia’s long-arm statute, and (2) whether the defendant had sufficient minimum contacts with Virginia to make jurisdiction constitutional.

Question 425

When a statutory agent receives service of process, what action must the agent take?

Answer 425

The statutory agent must mail a copy of the process to the defendant’s last known address and file a certificate of compliance with the clerk’s office.

Question 426

What notice of a negligence claim must be given to a county, city, or town?

Answer 426

For each cognizable claim, the claimant must file a written statement that includes (i) the nature of the claim, (ii) the time of the injury, and (iii) the place where the injury is alleged to have occurred.

Question 427

For what claims does the Virginia Tort Claims Act waive immunity?

Answer 427

(1) The VTCA waives immunity for tort claims for damage to or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee acting within the scope of his employment.

Question 428

Whose immunity is waived by the Virginia Tort Claims Act?

Answer 428

The VTCA waives immunity on behalf of state and transportation districts, but not local government.

Question 429

If a plaintiff wants to sue a state agency under the Virginia Tort Claims Act, who is the proper defendant?

Answer 429

The proper defendant is the Commonwealth of Virginia, not the state agency.

Question 430

How is the issue of adding a party raised?

Answer 430

A motion alleging nonjoinder

Question 431

How is the issue of removing a party raised?

Answer 431

A motion alleging misjoinder

Question 432

Who must sign a pleading filed in a Virginia court?

Answer 432

The pleading must be signed by:
(i) An attorney of record admitted to practice in Virginia and in good standing; or
(ii) A pro se litigant.

Question 433

What three certifications are made by a lawyer or unrepresented party signing a pleading, written motion, or other paper?

Answer 433

Every party filing a pleading or making a motion certifies that:
(i) He has read the pleading, motion, or other paper;
(ii) To the best of his knowledge, information, and belief, formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; and
(iii) It is not interposed for any improper purpose.

Question 434

The general initial pleading filed by the plaintiff?

Answer 434

complaint

Question 435

The general responsive pleading filed by the defendant?

Answer 435

answer

Question 436

A claim by a defendant against a plaintiff?

Answer 436

counterclaim

Question 437

A claim by a defendant against a co-defendant?

Answer 437

cross-claim

Question 438

A claim by a defendant against a third-party that the third-party is liable to the defendant for all or a part of any liability that defendant has to the plaintiff?

Answer 438

third party claim

Question 439

What pleading is used to challenge the sufficiency of an aggressive pleading?

Answer 439

demurrer

Question 440

When does a demurree who has amended a pleading retain the right to stand upon his original pleading?

Answer 440

When (i) the order of the court shows that the demurree objected to the ruling of the court sustaining the demurrer; and (ii) the amended pleading incorporates or refers to the earlier pleading.

Question 441

affirmative defenses:

Answer 441

Statute of limitations, laches, res judicata, collateral estoppel, contributory negligence, Statute of Frauds, accord and satisfaction, assumption of risk, discharge in bankruptcy, duress, undue influence, fraud, illegality, infancy, failure of consideration, release, self-defense, usury, workers’ compensation, tender of payment or performance, estoppel, mistake, arbitration, adequacy of common-law remedy, unclean hands

Question 442

In a circuit court action, when is a defendant in default?

Answer 442

A defendant in default in circuit court when the defendant fails to timely file a responsive pleading.

Question 443

What are the consequences for a defendant in default?

Answer 443

(i) Loss of the right to any notice of further proceedings
(ii) Waiver of trial by jury on all issues
(iii) In claims for a liquidated amount, judgment against the defendant for the amount appearing to be due
(iv) In claims for an unliquidated amount, the court will hear evidence and fix the amount of damages (unless plaintiff demands a jury trial to fix the amount of damages)
(v) Loss of the right at a hearing for damages to offer proof or argument on the issues of liability or demand trial by jury as to damages (unless default is vacated and late responsive pleadings are permitted)

Question 444

May a party plead alternative or inconsistent theories of its claim or defense?

Answer 444

Yes, if the alternative or inconsistent theories all arise out of the same transaction.

Question 445

What standard of review applies to a trial court’s decision to grant a party additional time in which to file a pleading?

Answer 445

Abuse-of-discretion

Question 446

How can a party give notice that a suit is pending which may affect title to real property?

Answer 446

The party may file a lis pendens with the real property records office where the real property is located.

Question 447

When may laches be pled as an affirmative defense to bar a claim?

Answer 447

Laches may be pled when the plaintiff delays in bringing an equitable claims to which no statute of limitations applies, and the delay (i) has worked to the disadvantage of the defendant or (ii) warrants the presumption that the plaintiff has waived his right to bring the claim.

Question 448

What is the statute of limitations for personal injury?

Answer 448

Two years, regardless of the recovery theory

Question 449

What is the statute of limitations for an action for products liability seeking (1) damages to property that was the subject of a UCC contract

Answer 449

4 years

Question 450

statute of limitations on injury to other property

Answer 450

5 years

Question 451

SOL for injury to person

Answer 451

2 years

Question 452

What is the statute of limitations for an ejectment action to oust an adverse possessor of real property

Answer 452

15 years

Question 453

What is the statute of limitations for an action to thwart the creation of an easement by prescription

Answer 453

20 years

Question 454

What is the burden of proof for a fraud claim?

Answer 454

Clear and convincing evidence

Question 455

statute of limitations for a UCC contract

Answer 455

4 years

Question 456

statute of limitations for a non-UCC written contract

Answer 456

5 years

Question 457

statute of limitations for a non-UCC oral contract

Answer 457

3 years

Question 458

if theres an out of state contract being adjudicated in virginia, the courts will apply

Answer 458

the shorter of Virginia’s statute of limitations or the statute of limitations of the state whose law governs the contract.

Question 459

what is the general rule regarding scope of discovery?

Answer 459

A party may obtain discovery regarding any non-privileged matter that is relevant to the subject matter in the pending litigation, including inadmissible information that appears reasonably calculated to lead to the discovery of admissible evidence.

Question 460

What must a party show in order to receive work product materials in discovery?

Answer 460

The requesting party must show (i) a substantial need for the materials and (ii) that he is unable to obtain the substantial equivalent of the material by other means without undue hardship.

Question 461

In what five situations may testimony in a deposition be offered as evidence at trial against a party who had reasonable notice of the taking of the deposition?

Answer 461

1) The witness is dead.
(2) The witness is farther than 100 miles from the place of trial or is out of Virginia (unless his absence was procured by the party offering the deposition).
(3) The witness is unable to attend due to age, illness, infirmity, or imprisonment.
(4) The party offering the deposition has not been able to get the witness to court by a subpoena.
(5) The witness is a judge or certain other persons designated in the Rule.

Question 462

What is the maximum number of interrogatories that may be served?

Answer 462

Thirty, unless more are authorized by the court for good cause shown

Question 463

(1) By when must a party respond to a request for admissions, and (2) what is the effect of failing to respond?

Answer 463

(1) A party generally must respond within 21 days after service of the request, but a defendant has at least 28 days after service of the complaint upon him to file an answer.

(2) If the party fails to respond, the matters are admitted.

Question 464

(1) What motion may a party make if a person fails to comply with discovery, and (2) what certification must accompany that motion?

Answer 464

(1) After reasonable notice, a party seeking discovery may move for an order compelling discovery.

(2) The motion must include certification that the movant has in good faith conferred or attempted to confer with the other affected parties in an effort to resolve the dispute.

Question 465

Name three sanctions that a court may impose for failure to comply with a discovery order.

Answer 465

(i) Treat an evasive answer as a failure to respond;
(ii) deem matters admitted;
(iii) bar the disobeying party from contesting the issue(s);
(iv) strike pleadings;
(v) hold the disobeying party in contempt (except for failure to submit to a mental or physical exam);
(vi) dismiss an action and grant a default judgment; or
(vii) order a disobeying party to pay the other party’s attorney’s fees and costs for litigating the motion to compel.

Question 466

For which three equitable claims is there a right to a jury?

Answer 466

(1) Suits to establish, impeach, or probate a will
(2) Suits to quiet title to real estate
(3) A plea in equity (i.e., a plea in bar)

Question 467

What are commissioners in chancery, and what is their role with respect to the circuit courts?

Answer 467

Circuit courts may appoint and refer equitable matters to a commissioner in chancery.

The commissioner is directed to hold evidentiary hearings, research the law involving the case, and report back to the court with recommended fact conclusions and advice as to the law.

The court is not bound by the commissioner’s findings, but the commissioner’s report on questions of fact is deemed prima facie correct and entitled to great weight.

Question 468

Of the following, which can a court generally NOT consider in ruling on a summary judgment motion: pleadings, pretrial orders, admissions, interrogatories, documents produced, depositions?

Answer 468

Depositions, unless all parties agree.

Question 469

Who may move for a summary judgment?

Answer 469

Either party may move for a summary judgment.

Question 470

The occurrence of any of three events will terminate a plaintiff’s right to a take a first nonsuit (i.e., a voluntary dismissal). What are these three events?

Answer 470

(1) A motion to strike the evidence has been sustained.
(2) The jury retires from the bar to decide the case.
(3) The action has been submitted to the court for decision.

Question 471

Can a defendant appeal an order granting a nonsuit?

Answer 471

Yes, because an order granting a nonsuit is a final order

Question 472

How long after entering a final order may the court generally modify, vacate, or suspend the order?

Answer 472

Twenty-one days

Question 473

When a party in favor of whom the verdict was rendered moves to set aside the verdict, what are the court’s four options?

Answer 473

(1) Grant a new trial limited just to damages
(2) Grant a new trial limited just to liability
(3) Grant a new trial as to both damages and liability
(4) If the court agrees that the amount of damages awarded is too high or too low, put the parties on terms to pay more or accept less and if that is not agreeable, then to order a new trial.

Question 474

What are two bases for a court to grant a motion for judgment notwithstanding the verdict (JNOV)?

Answer 474

(1) A finding as to liability that is contrary to the evidence or the law
(2) A finding as to damages that is contrary to the evidence or the law

Question 475

After the expiration of the 21-day post-judgment period, under what five circumstances can the court grant relief from a default judgment?

Answer 475

(1) Fraud on the court, if the motion for relief is made within two years from the date of the judgment
(2) A void judgment
(3) Proof of an accord and satisfaction
(4) Proof that the defendant was, at the time of service of process or entry of the judgment, a person in the military service of the United States
(5) Clerical errors

Question 476

On what two grounds can a bill of review be filed?

Answer 476

A bill of review may be brought based on (1) an error of law that is apparent on the face of the record, or (2) the basis of newly discovered evidence.

Question 477

What is the deadline for filing a bill of review?

Answer 477

A bill of review must be filed within six months of entry of the final order.

Question 478

What five elements must a defendant prove in an equitable action to set aside a judgment or decree?

Answer 478

(i) A judgment that ought not, in equity and good conscience, be enforced;
(ii) The existence of a good defense to the alleged cause of action on which the judgment is founded;
(iii) Fraud, accident, or mistake that prevented the defendant from obtaining the benefit of his defense;
(iv) The absence of fault or negligence on the defendant’s part; and
(v) The absence of any adequate remedy at law.

Question 479

Are agreements to arbitrate generally enforceable?

Answer 479

Yes; the court must enter judgment on the arbitration award upon the application of the prevailing party.

Question 480

Name three grounds on which an arbitration award may be vacated.

Answer 480

(i) The award was obtained by corruption, fraud, or other undue means.
(ii) There was partiality on the part of the arbitrators.
(iii) The arbitrators exceeded their powers.
(iv) The arbitrators refused to postpone the hearing upon sufficient cause being shown there for, refused to admit evidence material to the controversy, or otherwise failed to conduct the hearing as required by statute.
(v) There was no arbitration agreement, and the party made objection as to this issue.

Question 481

When does a misnomer occur, and how is it corrected?

Answer 481

A misnomer occurs when the correct person or entity is before the court but under an incorrect name. It can be corrected by the court on motion of any party and on affidavit of the correct name.

Question 482

In what circumstances may joint tortfeasors seek contribution?

Answer 482

Contribution is permitted among tortfeasors when the wrong results from negligence and does not involve moral turpitude.

Question 483

What is an aggressive pleading? Name three examples.

Answer 483

An aggressive pleading is a pleading that asserts a claim for relief. Examples: Complaint, counterclaim, cross-claim, third-party complaint

Question 484

What is a responsive pleading? Name three examples.

Answer 484

A responsive pleading is a pleading that responds to an aggressive pleading. Examples: Answer, plea of the statute of limitations, plea of res judicata, plea of payment

Question 485

What damages can be sought in a wrongful death action?

Answer 485

Damages include recovery for:
i) Sorrow, mental anguish, and solace
ii) Compensation for loss of deceased’s income, services, protection, care, and assistance
iii) Medical expenses attributable to the injury that resulted in the deceased’s death;
iv) Reasonable funeral expenses
v) Punitive damages

Question 486

What cases may be appealed as of right to the Court of Appeals of Virginia?

Answer 486

i) Final judgment, order or decree of a circuit court (except those appealable as of right to the Supreme Court of Virginia)
(ii) Final decision of a circuit court reviewing a decision of a state administrative agency
(iii) Final decision of the Worker’s Compensation Commission
(iv) Interlocutory decree or order from the circuit court
(v) Civil contempt

Question 487

What cases may be appealed by petition to the Court of Appeals of Virginia?

Answer 487

Final decisions by the circuit court in civil cases are appealable to the court of appeals as of right; petition is no longer required.

Question 488

What cases may be appealed as of right to the Supreme Court of Virginia?

Answer 488

(i) A final decision, judgment, or order of a circuit court involving a petition for a writ of habeas corpus
(ii) Any final finding, decision, order, or judgment of the state corporation commission
(iii) A judgment by three-judge panel of the circuit court disciplining an attorney
(iv) A decision by circuit court punishing professional corporation or LLC for willful failure to comply with ethical standards or applicable statutes

Question 489

What cases may be appealed by petition to the Supreme Court of Virginia?

Answer 489

(i) Any final decision by the Court of Appeals
(ii) An order of a circuit court granting or refusing to grant an injunction
(iii) An order of a circuit court granting nonsuit when there is a dispute over the correctness of the trial court’s action in granting a nonsuit

Question 490

What is the effect of a party filing an appeal in the wrong appellate court?

Answer 490

The appellate court must transfer the matter to the correct appellate court. The appeal should not be dismissed.

Question 491

What must be included in the assignment of error included in any petition for appeal?

Answer 491

Each assignment of error must include an exact reference to the page(s) of the transcript, written statement of facts, record, or appendix where the alleged error has been preserved.

Question 492

In which court and by when must a notice of appeal be filed?

Answer 492

A notice of appeal must be filed in the trial court within 30 days of entry of the final order.

Question 493

What must a notice of appeal include?

Answer 493

A statement of whether any transcript or statement of facts, testimony, and other incidents of the case will be filed.

Question 494

When must an appeal bond be filed?

Answer 494

When the appeal is of right to the Court of Appeals of Virginia, the appeal bond must be filed with the notice of appeal in the trial court.

Question 495

When and where must a transcript of the trial be filed?

Answer 495

In the trial court within 60 days of entry of the order being appealed

Question 496

When must a petition for appeal be filed in the Supreme Court of Virginia?

Answer 496

Within 90 days of the date of entry of the order being appealed

Question 497

In either appellate court, what is the standard of review for the trial court’s factual findings by the judge or jury?

Answer 497

The appellate court will give deference to the circuit court’s factual findings and view the facts in the light most favorable to the prevailing party in the trial court.

Question 498

In either appellate court, what is the standard of review for the court’s determination of the law?

Answer 498

The appellate court reviews issues of law de novo.

Question 499

In either appellate court, what is the standard of review for mixed question of law and fact?

Answer 499

Where the trial court decided fact issues necessary to deciding the issue of law, the appellate court gives deference to the trial court’s fact findings and reviews the law de novo.

Question 500

What is the first step that a judgment creditor must take to collect a judgment from personal property in which a judgment debtor has an interest?

Answer 500

The judgment creditor must request that the court clerk issue a writ of fieri facias (i.e., a writ of execution) on the judgment.

Question 501

What are the three steps a sheriff takes to execute a writ of execution on tangible personal of the judgment debtor?

Answer 501

(i) Go the address directed by the writ of execution and levy on the property.
(ii) Require the creditor to post an indemnification bond.
(iii) Sell the property levied on at public auction.

Question 502

(1) How is a lien on intangible personal property of the judgment debtor located in Virginia created?

Answer 502

(1) Delivering the writ of execution to the sheriff

Question 503

How long does the lien on intangible personal property of judgment debtor located in Virginia last?

Answer 503

one year

Question 504

how is a lien on intangible personal property of judgment debtor located in Virginia enforceed

Answer 504

(3) By requesting the clerk to issue a garnishment

Question 505

How does a judgment creditor obtain a lien on real property owned by the judgment debtor?

Answer 505

A judgment becomes a lien when it is recorded (i.e., docketed) in the circuit court clerk’s office in each jurisdiction where the land is situated.

Question 506

What type of jointly held interest in land cannot be subject to a lien granted by less than all co-owners?

Answer 506

Tenancies by the entirety

Question 507

What are the two options for a judgment creditor to enforce a foreign judgment in Virginia?

Answer 507

(1) Under the Uniform Enforcement of Foreign Judgments Act (“UEFJA”), file a properly authenticated copy of the judgment and an affidavit stating the name and address of the debtor in any Virginia circuit court.

(2) Domesticate the foreign judgment by getting an exemplified copy and suing on it in any Virginia court (depending on dollar amount).

Question 508

What type of claim must a landlord assert to recover rent by proceeding against the tenant’s tangible personal property?

Answer 508

Distress, which is an in rem law claim

Question 509

What law-based claim should the owner of specific personal property pursue to recover the property or a money judgment for its value?

Answer 509

Detinue

Question 510

What is the plaintiff entitled to recover if he succeeds in a detinue action?

Answer 510

(i) Either (a) possession of the property, or (b) a judgment for the value of the property at the time of its wrongful detention; and
(ii) Damages for wrongful retention of the property by the defendant.

Question 511

What court has jurisdiction over a detinue claim?

Answer 511

Either the general district court or the circuit court, depending on the dollar amount sought.

Question 512

In an action for detinue, is a demand for the return of the property required prior to filing suit?

Answer 512

No, unless the initial possession was lawful but has ceased to be permissive.

Question 513

Where is a permissible venue for bringing a detinue action?

Answer 513

Where (i) the property is physically located, or (ii) evidence of the property is located

Question 514

What five elements must be proven to establish a detinue claim?

Answer 514

(1) The plaintiff has a property right recognized by law in the property.
(2) The plaintiff has a right to immediate possession.
(3) The property is capable of identification.
(4) The property has some value.
(5) The defendant now has, or earlier had, possession at some time prior to institution of the suit.

Question 515

When a person seeks a determination of her rights and duties before any wrong has been committed, what action should be filed?

Answer 515

A declaratory judgment action

Question 516

Under the Virginia Tort Claims Act (VTCA):
(i) What notice is required before filing a claim?

Answer 516

(i) Notice of the claim generally must be given within one year after the cause of action accrued.

Question 517

Under the Virginia Tort Claims Act (VTCA): (ii) What is the earliest that a claim can be filed?

Answer 517

An action cannot be brought earlier than (a) the denial of the claim or (b) six months after the filing of the notice.

Question 518

Under the Virginia Tort Claims Act (VTCA): What statute of limitations applies?

Answer 518

An action must be filed no later than eighteen months from the filing of the claim or within two years after the cause of action accrues.

Question 519

What action must be brought to litigate the right to possess real property?

Answer 519

Unlawful entry or detainer

Question 520

What is proper claim at law for trying title to land?

Answer 520

Ejectment

Question 521

What is a bill to quiet title, and when is it unavailable

Answer 521

A bill to quiet title is an equitable action by which the court can determine title to land. It is generally unavailable when a claim at law (i.e., ejectment) would provide an adequate remedy.

Question 522

When two or more owners of land or personal property cannot agree on what to do with the property, what action can be filed?

Answer 522

A partition action (unless the plaintiff alleges 100 percent ownership of the property)

Question 523

What relief may a court grant in a partition action?

Answer 523

If partition in kind can be conveniently made, the court must do so.

Question 524

What remedy may be sought to compel a public official to perform a purely ministerial duty imposed on him by law?

Answer 524

Writ of mandamus

Question 525

In Virginia, a judge has discretion to

Answer 525

grant more time, or permit a party to file a pleading after the time period for filing has expired

Among the factors that the judge may consider are the length of the delay, the reason for the delay, and the harm, if any, to the opposing party.

Question 526

if the claimed damages in personal injury action are more than $4,500 and do not exceed $50,000, the claim could be brought in

Answer 526

in GDC or Circuit

Question 527

In general district court, one of the consequences of a default is that the defendant waives

Answer 527

all objections to the admissibility of evidence

Question 528

In the circuit court, a defendant in default does not waive

Answer 528

all objections as to the admissibility of evidence and is entitled to participate fully in a hearing on damages.

Question 529

A defendant in default may participate fully in a hearing on damages in

Answer 529

circuit court, including by presenting evidence.

Question 530

a defendant in default in general district court waives all objections to

Answer 530

the admissibility of evidence.

Question 531

As an affirmative defense that would bar the plaintiff’s claim, contributory negligence must be

Answer 531

pleaded or else it is waived.

Question 532

In Virginia, the plaintiff’s contributory negligence is a complete bar to recovery, but the plaintiff’s negligence must be

Answer 532

a substantial cause of the injury and must occur at the same time as the defendant’s negligence