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