VA Civ Pro Flashcards
If the trial judge in a civil action has granted a motion to strike the evidence of the P or D, the judge shall
Enter summary judgment in conformity with his ruling on the motion to strike
Enter partial summary judgment in conformity with his ruling on the motion to strike
[Trial judge not to direct verdicts]
What is the upper monetary limit for a personal injury case filed in GDC?
$50,000
What is the object of a declaratory judgment action?
To obtain a declaration of right
Which remedy is designed to cure an award of damages that is grossly excessive without the necessity of a new trial or an appeal?
Remittitur
Service of process in a civil action or suit is deemed timely if made within ________ of the commencement of the action or suit against the D
12 months
If damages found by the jury are inadequate, the court may require the D to pay an amount in excess of the verdict or face a new trial. This is called:
Additur
T/F Sovereign immunity applies to the Commonwealth in all suits for money damages caused by the negligence of a state employee
False
By statute, the Commonwealth consents to suits for $ damages for loss of property, personal injury, or death caused by the negligent or wrongful act or omission of a state employee while in the scope of employment up to a liability limit of $100,000
T/F A pleading can be signed by using a law firm name only
False
When a firm name is signed to a pleading, an individual member or associate of the firm must sign the pleading as well
Summary judgment as to liability may not be granted if there is a genuine issue as to the amount of damages
False
Summary judgment, interlocutory in nature, may be entered as to the undisputed portion of a contested claim or on the issue of liability alone although there is a genuine issue as to the amount of damages
Generally, a bill of review may be filed within this time period after entry of the decree to be reviewed
6 months
[Injunction against decree subject to bill of review; limitations to bill of review]
The P may, at P’s option, within ________ after service of the third party complaint upon the third party D, assert any claim against the third party D arising out of the transaction or occurrence that is the subject matter of the P’s claim against the third party D
21 days
Which of the following may be heard in GDC regardless of the amount in controversy?
Distress claims
A P in a lawsuit against the Commonwealth must notify the Commonwealth of the claim within ________ of the accrual of the cause of action
One year
Unless otherwise provided, every action for PI, whatever the theory of recovery, must be brought within ________ year(s) after the c/a
2 years
For a PI against the Commonwealth for which the SOL is two years, when must the P notify the Commonwealth of the claim before it will be barred?
Within one year
T/F An arbitration award must be vacated if a court of law or equity would not have arrived at the same result
False
A trial has the power to vacate a default judgment or decree on the ground of fraud within ________ of rendition
2 years
Leave to amend a pleading is to be
Liberally granted in furtherance of the ends of justice
Every action for injury resulting from libel, slander, insulting words, or defamation shall be brought within ________ after the c/a accrues
2 years
A(n) ________ requires a nonparty deponent to bring documentary evidence with him to deposition
Subpoena duces tecum
A motion to strike the evidence serves the same function as a ________ in federal court
Motion for judgment as a matter of law
The Court of Appeals generally sits in panels of
Three
Notwithstanding any other provision of law, when may a party in any civil action inform the jury of the amount of damages sought by the P
In both the opening statement and closing argument
A notice of appeal must be filed within _________ days of entry of the final judgment or other appealable order or decree in circuit court
30 days
After trial in the circuit court, any notice of appeal must be originally field with which court?
The circuit court
T/F In determining whether the judgment of another state precludes further litigation, a VA court will apply VA law
False
When a party is required or permitted under the VA Rules of Civil Procedure to do an act within a prescribed time after service of a paper on him, and the paper is served by mail, how many days will be added to the prescribed period?
Three
To appeal a case from GDC to CC, the appeal must be taken within ________ days of entry of judgment by noting the appeal in writing with the clerk of the GDC
10
When a party is required or permitted under the VA Rules of Civil Procedure to do an act within a prescribed time after service of paper on him, and the paper is served by fascimile, e-mail, or commercial delivery service, how many day(s) will be added to the prescribed method?
One day
Unless otherwise provided, every action for damages resulting from fraud shall be brought within ________ year(s) after the cause of action accrues
Two
Any party may make a motion for summary judgment at any time, except in an action for
Divorce
An appellant in the court of appeals must file an opening brief within ________ of the filing of the record
40 days
T/F The court of appeals can never dispense with oral argument
False
In the court of appeals, the brief of an appellee must be filed within ________ of the filing of the appellant’s brief
30 days
If the amount or value involved in a case does not exceed $25,000, a jury of ________ is required. If the amount or value exceeds $25,000, a jury of ________ is required. If the parties consent, a jury of ________ may be used
5; 3; 7
The appellant may file a reply brief within ________ of the filing of the appellee’s brief
14 days
In determining the correct amount in controversy in a civil action, which is correct?
Interest and attorneys’ fees stipulated in an instrument are excluded
When may clerical mistakes in judgments or in the record be corrected by the court?
At any time
If service of the summons has been timely waived on request, an out-of-state D must file responsive pleadings to the complaint within ________ days after the date when the request for waiver was sent
90
When answers in a defensive pleading in any suit on an equitable or a legal claim are insufficient, what is the appropriate motion to be made by the complaining party?
Motion to strike
What is the purpose of VA’s long arm statute?
To confer PJ over residents who have contacts with VA
To confer PJ over nonresidents resulting from the ownership of property in VA
T/F An extension of time to file a notice of appeal is not permitted
False
If the subject matter of a counterclaim or cross claim arises out of the same transaction or occurrence upon which the P’s claim is based, the SOL with respect to such actions:
Is tolled by the filing of the P’s action
In cases in which fraud, concealment, or intentional misrep prevented discovery within the statutorily specified limitation period of an injury caused by medical malpractice, the time within which to bring a claim is extended by ________ year(s) from the date the injury is discovered or, by the exercise of due diligence, reasonably should have discovered
One
An “interlocutory appeal” is
An appeal of a nonfinal order for which an appeal as of right does not exist
T/F When filing a copy of the notice of appeal with the Court of Appeals, the filing fee must be paid with it
False
No aprty shalll serve upon any other party, at any time or cumulatively, more than ________ written interrogatories, including all parts and subparts without leave of court for good cause shown
30
If a five person jury is required, the jury panel beings with at least ________ jurors to allow each side ________ peremptory challenge(s)
11 jurors and 3 peremptory challenges
In a civil trial, a valid verdict must have _______ of the jurors agree on it
All
If a seven person jury is required, the jury panel begins with at least ________ to allow each side ________ peremptory challenges)
13 jurors and 3 peremptory challenges
May a P join a claim in tort with one in K?
Yes, provided that the tort claim and the K claim arise out of the same transaction or occurrence
T/F A general denial of the entire complaint or plea of the general issue is not permitted
True
T/F The parties may consent to a three person jury in a civil case
True
