VA Civ Pro Flashcards
Subject Matter Jurisdiction in Virginia Circuit Courts
Virginia Circuit Courts have subject matter jurisdiction over civil cases where the amount in controversy exceeds $25,000.
Personal Jurisdiction in Virginia
Virginia courts have personal jurisdiction over defendants who are residents of Virginia, served with process in Virginia, or have sufficient minimum contacts with Virginia.
Venue
Venue is proper in the county or city where the defendant resides or where the cause of action arose.
Complaint Requirements
A complaint must state the facts on which the plaintiff relies, the cause of action, and the relief sought.
Statute of Limitations for Personal Injury
The statute of limitations for personal injury claims in Virginia is two years from the date of the injury.
Default Judgment
A default judgment can be entered if the defendant fails to respond to the complaint within 21 days of service.
Means of Service of Process
Service of process in Virginia can be made by personal delivery, substituted service, or by posting on the front door of the defendant’s usual place of abode.
Summary Judgment Standard
Summary judgment is appropriate if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
Interrogatories
Interrogatories are written questions served on the opposing party, who must respond under oath within 21 days.
Appeal from Circuit Court
Appeals from the Virginia Circuit Court are to the Virginia Court of Appeals or the Virginia Supreme Court, depending on the case type.
Motion to Transfer Venue
A motion to transfer venue must be filed within 21 days after service of the complaint.
Amendments to Pleadings
Parties may amend their pleadings once as a matter of course before a responsive pleading is served, or within 21 days if no responsive pleading is required.
Compulsory Counterclaims
A compulsory counterclaim arises out of the same transaction or occurrence as the plaintiff’s claim and must be raised in the defendant’s answer or be barred.
Permissive Joinder of Parties
Permissive joinder allows multiple plaintiffs or defendants to join in one action if their claims arise out of the same transaction or occurrence and involve a common question of law or fact.
Motion to Dismiss for Failure to State a Claim
A motion to dismiss for failure to state a claim tests the legal sufficiency of the plaintiff’s complaint.
Bill of Particulars
A bill of particulars is a detailed, formal, written statement of the claims or defenses of a party, requested by the opposing party to clarify the issues.
Demurrer
A demurrer is a pleading that objects to the legal sufficiency of the opponent’s pleading without admitting the truth of the factual allegations.
Motion for a New Trial
A motion for a new trial must be filed within 21 days after the entry of judgment.
Nonsuit
A plaintiff may take a nonsuit (voluntary dismissal) once without prejudice before the case is submitted to the jury or before a motion to strike the evidence is sustained.
Sanctions for Discovery Violations
Sanctions for discovery violations can include fines, dismissal of claims, or entry of default judgment against the non-complying party.
Complaint
Generally, a civil action is initiated by filing a complaint with the clerk of the trial court that has subject matter jurisdiction to entertain the action. A complaint must contain the specific relief sought. If the complaint requests an award of money damages, it must contain an ad damnum clause stating the amount of damages sought.
In the GDC, a complaint usually consists of one of the forms available online, such as a warrant in debt, warrant in detinue, distress petition, or summons for unlawful detainer.
Detinue
Detinue is an action at law to recover specific personal property (e.g., motor vehicle) unlawfully withheld by the defendant from the plaintiff, who is entitled to immediate possession of the property. Alternatively, the court may render a judgment in favor of the plaintiff for the value of the property. In either circumstance, the court may award damages for the wrongful retention of the property.
Answer
In a circuit court action, the defendant’s basic response to the complaint is an answer, which generally must be filed within 21 days after service of process upon the defendant. However, if a defendant has filed a demurrer, motion to dismiss, motion for a bill of particulars, or plea, the defendant must file an answer within 21 days after the entry of the court order overruling the defendant’s responsive pleading unless the court sets a different deadline.
In a general district court action, the defendant is not required to file an answer unless instructed to do so by the court.
Time Limits
Plaintiff must Serve complaint after filing within 1 year
Defendant must Answer complaint within 21 days or 60 days if service process was waived
Ejectment
Ejectment is an action at law to try title and the right of possession of real property CC (adverse possession)
Distress
Distress is an in rem action at law by which a landlord collects rent through the seizure and sale of the tenant’s tangible personal property.
Partition
A partition action is an equitable action by which jointly owned property is divided among its owners. CC
Disposition of land by person under a disability
An action to sell, lease, exchange, redeem, or otherwise dispose of an interest in real property held by a person under a disability (i.e., a minor, an incapacitated person, imprisoned felons) is an equitable action. CC
Unlawful entry and detainer
An action for unlawful entry or detainer is an action at law by which the owner of real property can regain possession from a person who is in wrongful possession of the property.
To secure an injunction, a plaintiff must demonstrate
(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.
Even when appropriate, however, granting equitable relief is discretionary with the court.
A preliminary injunction may be issued only after a hearing on the need for the equitable relief.
VA Long Arm Statute (Personal Jurisdiction)
The Virginia long-arm statute provides that a court may exercise personal jurisdiction over a person who acts directly or through an agent, as to a cause of action arising from the person’s:
i) Transacting business in Virginia;
ii) Contracting to supply services or things in Virginia;
iii) Causing tortious injury in Virginia;
iv) Causing tortious injury in Virginia by an act or omission outside Virginia if the person frequently conducts or solicits business in Virginia, or derives substantial revenue from goods or services in Virginia;
v) Causing injury in Virginia by breach of warranty expressly or impliedly made in the sale of goods outside Virginia when the person might reasonably have expected the buyer to use, consume, or be affected by the goods in Virginia, provided that the person frequently does or solicits business in Virginia or derives substantial revenue from goods or services in Virginia;
vi) Having an interest in, using, or possessing real property in Virginia;
vii) Contracting to insure any person, property, or risk located within Virginia at the time of contracting;
viii) Having
a) Executed an agreement in Virginia that obligates the person to pay spousal or child support to a Virginia resident or to a person who has satisfied the residency requirements in suits for annulments or divorce for members of the armed forces or civilian employees of the United States, provided that proof of service of process on a nonresident party is made by a law-enforcement officer or other person authorized to serve process in the jurisdiction where the nonresident party is located;
b) Been ordered to pay spousal or child support pursuant to an order entered by any court of competent jurisdiction in Virginia with in personam jurisdiction over the person; or
c) Shown by personal conduct in Virginia, as alleged by affidavit, that the person conceived or fathered a child in Virginia;
ix) Having maintained a marital home in Virginia at the time of separation upon which grounds or cause of action for divorce or separate maintenance is based or at the time of commencement of such suit if the other spouse resides in Virginia;
x) Having incurred a liability for taxes, fines, penalties, interest, or other charges to any Virginia political subdivision or governmental entity; or
xi) Using a computer or computer network located in Virginia.
General District Courts: Monetary Jurisdiction
General District Courts have exclusive original jurisdiction over claims not exceeding $4,500 and concurrent jurisdiction with Circuit Courts for claims exceeding $4,500 but not exceeding $25,000.
Small Claims Court Jurisdiction
Small Claims Courts handle claims not exceeding $5,000, excluding interest and attorney’s fees.
Unlawful Detainer Actions
General District Courts have original jurisdiction, shared with Circuit Courts, over unlawful detainer actions regardless of the amount.
Distress Warrant Jurisdiction
General District Courts have exclusive original jurisdiction over landlord’s claims for rent brought through a distress warrant, regardless of the amount in controversy.
Interpleader Actions
General District Courts share jurisdiction with Circuit Courts over interpleader actions, with the amount generally not exceeding $25,000, except for earnest money deposits in real estate contracts.
Virginia Freedom of Information Act (FOIA) Actions
General District Courts share jurisdiction with Circuit Courts over FOIA actions, including writs of mandamus and injunctions.
Jury Trial in General District Court
General District Courts do not conduct jury trials; all issues are decided by a judge.
Appeals from General District Court
Appeals are to the Circuit Court, where the case is tried de novo (anew).
Juvenile and Domestic Relations District Courts Jurisdiction
These courts handle family law matters such as child custody, visitation, and support, excluding divorce and adoption actions.
Motion for New Trial in General District Court
Must be made within 30 days after judgment, with a hearing and ruling within 45 days after judgment.
THE 21-DAY RULE
After entry of a final judgment, a case “rests in the breast of the court” for 21 days. After the 21 day period, the trial court has no further jurisdiction over the case.
Striking a Juror
If a juror is related to either party of the case, has any interest in the outcome of the case, or has any apparent bias or prejudice to any party, the Court must strike the juror for cause. Where a juror should be stricken for cause, the juror’s later removal through the use of a peremptory strike does not cure the error or make it harmless. To be considered on appeal, errors must be raised in the trial court by way of objection. The appellate courts will not consider any issue raised for the first time on appeal, unless it elects to apply the “ends of justice” exception. This exception is very rarely applied and would not be applied in low stakes civil litigation.
Post -Trial Motions
Circuit Courts retain jurisdiction to consider post-trial motions for only 21-days after entry of
a final order. A court may modify, suspend, or vacate its final order only within that 21-day
period.
Injunction for specific performance
A party seek a
temporary injunction in order to preserve its right to specific performance, which involves filing a
complaint in circuit court alleging the circumstances and asking the court to immediately enjoin
the defendant from breaching the contract, pending a hearing on the merits.
Choice of Law
A federal court sitting in diversity will apply the choice of law rules of the state in which it is
sitting. Virginia’s choice of law rules provide that if the parties choose a state’s law to apply,
then that will govern, so long as the state chosen bears some reasonable relationship to the
transaction.
