Va Civ Pro Flashcards
For an action based on an oral contract, the statute of limitation is
3 years
A cross-claim must involve subject matter growing out
A matter stated in complaint
A final circuit court decision involving divorce is appealable by
Right to Va Ct of App
process that has reached the person to whom it is directed within the time prescribed by law, if any, is sufficient even though process was not served or accepted as required Except in an action for
Divorce or annulment
for the curative provision to apply, the documents that reach the person must constitute
Process
The General District Court shares concurrent original jurisdiction with the circuit court for an action to recover property damages that do not exceed___. For actions greater than that, CC has
$25k; Exclusive jurisdiction
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
1) EXCEPTIONAL CIRCUMSTANCES under which it is
2) IMPRACTICABLE for the party seeking discovery to obtain facts or opinions on the
3) SAME SUBJECT by
4) OTHER MEANS
A motion “craving oyer” in Virginia seeks a court order compelling the plaintiff to produce
a document mentioned in, but not attached to the complaint that is essential to the complaint.
What happens if motion craving oyer is sustained
the document becomes part of the plaintiff’s complaint and the defendant can rely on the document in a demurrer.
.
For how many years is A circuit court judgment dated before July 1, 2021, enforceable?
20 yrs from date of judgment
While plaintiffs under 18 must sue by their next friend, an infant is entitled to bring an action to recover, as part of his personal injury action ____. What is SOL for this action?
reimbursement for past and future expenses of curing or attempting to cure his injuries.
The statute of limitations is the same as on the rest of the infant’s claim for personal injuries.
The infant does not have to have paid these expenses personally or be liable for payment of them to recover the expenses. Instead, if the infant’s parents have paid or are obligated to pay these expenses, the parents will have a lien on and right of reimbursement out of any recovery in favor of the infant.
When does GDC have concurrent original jurisdiction with the circuit court ?
where the amount claimed in a breach of contract action is more than $4,500 but no over $25,000 excluding any claim for interest, attorney’s fees, and costs.
Is there preferred (Class A) forum in actions to recover or partition personal property
No regardless of whether tangible or intangible
Distress action: Class A or B? Forum is where:
Preferred class A 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.
Admissible or no: The opinion of a medical malpractice review panel
Admissible but is not conclusive evidence.
Generally, a defendant who files a counterclaim is deemed to have brought the action
At time of filing counterclaim
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 tolled by
the commencement of the plaintiff’s action.
A notice of appeal must be filed within 30 days of entry of the final order, and that period is not interrupted by
Filing of a motion for a new trial or motion to vacate
What is default SOL for Ks involving sale of goods? Can parties alter that SOL?
4 years … can reduce to no less than 1 year but cannot increase higher than 4.
For UCC contracts, the statute of limitations begins to run when
Breach occurs
For a breach of warranty claim, the breach generally occurs when
Tender of delivery is made
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
County or city where suit is pending or in adjacent county/city
Modifying divorce decree: what must CC do to retain authority to modify divorce decree after judgment
CC must specifically retain jurisdiction in the matter or modify its final decree within 21 days of the entry of that decree or else the circuit court lacks authority
Modifying divorce decree: How long does CC have to retain jurisdiction in the matter or modify its final decree? What is consequence of Ct failing to do so?
must retain jx or modify within 21 dats or else lacks the authority to modify the divorce decree
When a defendant appeals a general district court judgment, the court may permit the plaintiff to amend her complaint to
Increase amount in excess than the jx amount of GDC. But P cannot do so
Who may file objections to commissioner’s report and when may the file?
10 days after commissioner files report OR at later time set by judge after party shows good cause
An action for ejectment generally must be brought within __ years of the accrual of the right to bring this action
15
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
Disability is removed
Notwithstanding the effect of any disabilities on the running of the statute of limitations in an action to recover land, the action must be brought within ___ years from when the cause of action first accrued
25
Notwithstanding the effect of any disabilities on the running of the statute of limitations in an action to recover land, the action must be brought within ___ years from when the cause of action first accrued
25
When must Initial suit papers in an unlawful detainer action be served?
at least 10 days before the RETURN DATE, which is the first date that the case is on the court’s docket.
Demurrer contends that
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.
Claims based on UCC contracts for the sale of goods must be brought within
4 years
Unlawful detainer
action at law by which the owner of real property can regain possession from a person who is in wrongful possession of the property.
Most common is landlord tenant
Generally, every action for personal injuries must be brought within __\ years after the cause of action accrues.
2
For a personal injury action, the cause of action accrues, and the statute of limitations begins to run, when the injury is received, regardless of
when it is discovered.
Continuous treatment rule
when medical malpractice occurs during a continuous, ongoing treatment during which a specific illness or condition should have been diagnosed and was not, the cause of action accrues when the improper course of examination terminates
For P to bring Suit to enjoin the enforcement of or to set aside a judgment, P must show
special circumstances usually involving fraud or mistake
An independent equitable action to set aside a judgment or decree requires proof of the following elements:
(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.
Does GDC have authority over FOIA actions?
Yes and has the authority to order a Virginia governmental entity to comply with this act.
What kind of evidence may ct consider in ruling on a motion for summary judgment?
all the pleadings, pretrial orders, admissions, interrogatories, and documents produced, but may not consider statements made in an oral deposition unless all parties agree.
Virginia has adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA), which governs judgments rendered by
Federal or foreign Ct
What court can P seek to enforce UEFJA judgment / what is the dollar amount to enforce these judgments?
in Cc regardless of dollar amount
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
send a copy of the notice to the counsel of record for the opposing party.
Although the city or county in which the defendant regularly conducts substantial business activity is a permissible forum for civil actions, there must exist a
Practical nexus to forum
Practical nexus to forum examples
the location of fact witnesses, plaintiffs, or other evidence to the action.
In general, a wrongful death action must be brought by ____ within ___ years of the decedent’s death.
the personal representative of the decedent’s estate; 2 years
Can party use demurrer to challeneg misjoinder of parties?
Yes
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 a ___-member jury.
7
Are counterclaims and cross-claims subject to the dollar jurisdictional limits of the GDC?
Yes
When money damages are sought based on fraud, the statute of limitations is ___ years after the cause of action accrues. When does SOL begin to run?
2 years…
This time period begins running on the date of discovery of the fraud or when the fraud reasonably should have been discovered by the exercise of due diligence.
Motion craving oyer is not 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
How long do circuit courts retain jurisdiction to consider post trial motions?
21 days after entry of a final judgment in CC
Civil appeals from CC go first to what court?
Ct or Appeals
What is the result when a party appeals to wrong appellate court
transferred to right ct
3 reasons a juror strike is for cause
juror is 1) related to either party of case, 2) has any interest in outcome, or 3) has an apparent bias or prejudice to any party
To be considered on appeal, errors must be
raised by an objection to trial court
appeals from GDC to CC are considered
de novo …brand new trial
A motion to re open a GDC case must be made within
30 days
A motion to vacate judgment obtained by fraud on ct must be made within
2 yrs of entry of judgment
How long to file notice of appeal filed in CC
30 days after entry of final order
After losing a civil appeal in Virginia CT of appeals, a party may
file a petition for appeal w SC
Motions for summary judgment: use of deposition testimony transcripts
may not be directly admitted as evidence in a MSJ
Motions for sj: Use of Party’s Admissions provided in response to a discovery request for admission
may be admitted as evidence in a MSJ even if question stems from deposition answer…
question can’t specially make reference to depo but can
Is subject matter jurisdiction waivable?
No, can be raised at any time
