VA-Civ pro Flashcards
What is a sheriff’s jurisdiction to serve?
Within their own jurisdiction or any contiguous jurisdiction
SOL for all Personal injury claims
Two years
Who can be served for a corporation?
Officer, director, or a registered agent
What is an interpleader action
Allows a person holding property (“stakeholder”) to force all potential claimants to the property into a single lawsuit to determine who has a right to the property. (Same in both federal and VA civ pro)
What is a temporary injunction
Same as PI in federal courts. Elements are:
1) Irreparable Harm in absence of being granted;
2) No adequate remedy atlaw;
3) likelihood of success on merits;
4) balance of equities
What further requirement does a court order of a winning party for temporary injunction?
To furnish a bond that the court holds in case opposing party suffers damages for improperly granted injunction.
What is a declaratory judgment?
An action designed to permit one to have a judicial determination of his rights/responsibilities before he has suffered an injury or wronged another. Must be at the brink of the creation of a cause of action.
Not available when other remedies are available.
Unlawful detainer
A law claim that tries solely the right to possession of real estate, not who holds title.
Used typically to recover possession when defendant has either unlawfully gained possession or defendant had lawful possession then lost that right (tenant overstays or defaults on a lease)
Bill to Quiet Title
Equitable action employed to have the court determine title to property.
As an equitable action, only an appropriate remedy when there is no adequate remedy at law
Ejectment
Established action at law for trying title to land. (unlike unlawful detainer which is for possession)
Jurisdiction in CC only.
What is a motion to strike the pleading?
used to test the sufficiency of a defensive pleading such as an answer, plea of the statute of limitations, plea of payment, or demurrer
Statute of Limitations for Contract Actions
UCC - Four Years (parties can agree to shorten)
Non-UCC written Contract - Five Years (parties can agree to shorten)
Oral Contracts - Three Years (parties can Agree to shorten)
A contract governed by law of another JX - Whichever JX is shorter
What is a distress action?
An in rem law claim by a landlord for recovery of rent by proceeding against the tenant’s tangible personal property.
differentiated from unlawful detainer in that it’s recovering $$$ not possession
Standard of review for denials of motions to file late pleadings
Abuse of discretion
Special Rule for Statute of LImitations and Infants
Does not begin to toll until infant loses disability (i.e. turns 18)
Exception to Infant Statute of Limitations Rule
Medical Malpractice against medical provider must be brought within two years of the last act or omission giving rise to the cause of action
Motion Craving Over
seeks a court order compelling the plaintiff to produce a document mentioned in, but not attached to the complaint that is essential to the complain
Motion for Bill of Particulars
Seeks a court order compelling a party to elaborate and pleading that does not provide adequate notice of a claim or defense
Lawsuits by minors
Minors cannot bring suit in Virginia. Instead must be brought by next friend and styled as “(Minor’s Name), a minor, who sues by her next friend, (name of next friend) v. XXXX”
Motion for Nonsuit
P has the right to take a **first nonsuit* any time before (i) a motion to strike is sustained, (ii) before the jury retires to decide, or (iii) before the action is submitted to court for decision;
P may take additional nonsuits by consent of opposing party or leave of court
Motion to set aside a judgment
Requires proof of: (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
Interpleader Action and its JX
A person holding property that is subject to competing claims can join all claimants and allege facts for the court to determine who is entitled to the property.
JX is concurrent with GDC and CC whether brought my a stakeholder or a claimant
Detinue
Action at law to recover specific personal property unlawfully withheld from Plaintiff and damages.
Writ of Mandamus -
Compels a public official to performa. purely ministerial duty imposed by law
Days to appeal from a GDC Judgment
Ten Days
Necessary party
May be joined if (i) complete relief cannot be granted in their absence; or (ii) due to their interests, absence of the party creates a substantial risk of inconsistent obligations
Jury requirement for civil trials in CC
Minimum 7 person jury
How does a defendant raise a an affirmative defense
In its responsive pleadings, typically included in a plea in bar
Two step for personal jurisdiction
1) Virginia Long-Arm
2) Constitutional Due Process
Virginia Long arm statute
Transacting business in VA; Contracting in VA; Causing tortious injury; causing injury by breach; property in VA; babies in VA; etc
Constitutional requirements for PJ
“minimum contacts” test –> whether defendant **purposely availed himself” of the privilege of conducting business there.
ALSO substantial connection to the forum
Preserving an Objection for Appeal
1) Timely objection
2) state the grounds for the objection
Sufficient to file a timely motion in opposition
SOL for Fraud and when does time start running
Two years. When P became aware of fraud or should have known
