VA Civ Pro Essay Rules

Question 1

Who may serve process?

Answer 1

A sheriff or deputy of the city or county where the process will be served

A private person may serve process, so long as the person is not a party to the action or otherwise interested in the subject matter

Question 2

Who should be served in a case against a corporation?

Answer 2

If a corporation registers and appoints an agent, the P may service process on:

1) Registered agent or person in registered agent’s office designated in writing as person to receive service of process

2) Clerk of the VA SCC, or

3) Any corporate officer or director found in VA

Question 3

When can defective service be effective?

Answer 3

In VA state courts, any process in writing that reaches the D within one year and provides the D with notice of the case is sufficient even if defective

Question 4

SOL - PI

Answer 4

2 years; limitations period runs from accrual of c/a (date of injury)

Question 5

Venue can be challenged by

Answer 5

Using a motion challenging venue

Question 6

What must motion challenging venue state

Answer 6

Why venue is improper and what place(s) would constitute proper venue

Question 7

Where is venue proper for a corporate D

Answer 7

Where the corporate D has registered office and has appointed an agent to receive process, or

Where D regularly conducts substantial business activity so long as case has practical nexus w forum like location of fact witnesses or evidence

Question 8

How can party a obtain dismissal if no genuine dispute of material fact exists?

Answer 8

Through summary judgment [VA state courts rarely grant summary judgment]

Question 9

VA state courts ________ grant summary judgment

Answer 9

Rarely

Question 10

Unlike federal court, obtaining a dismissal through summary judgment (if no genuine dispute of material fact exists), VA state court movant cannot rely on ________ as summary-judgment evidence

Answer 10

Affidavits

Question 11

Unlike federal court, when obtaining a dismissal through summary judgment (if no genuine dispute of material fact exists), the parties must agree in order to use ________ testimony as evidence

Answer 11

Deposition

Question 12

In VA state courts, summary-judgment evidence must appear from ________, ________, ________

Answer 12

The pleadings, a pretrial conference order, or an admission that the movant is entitled to judgment

Question 13

A minor can sue

Answer 13

In her own name by a named person as her next friend (although judgment in favor of a minor will not necessarily be disturbed for failure to sue through a next friend)

Question 14

T/F A judgment in favor of a minor will not necessarily be disturbed for failure to sue through a next friend

Answer 14

True

Question 15

A misnomer occurs when

Answer 15

A party intends to sue the party but makes a mistake in naming them in the lawsuit

Question 16

A misjoinder results from

Answer 16

An excess of the parties

Question 17

If a P is under a disability at the time of accrual, the limitations period does not begin until to run until

Answer 17

The disability is removed

Question 18

Courts of no record are called

Answer 18

General District Courts

Question 19

GDC has jurisdiction over claims based on ________, ________ and, ________

Answer 19

Contract, injury to real or personal property, and re

Question 20

For claims based on contract, injury to real or personal property, and recovery of specific personal property, GDC has exclusive jurisdiction if the amount does not exceed ________ and concurrent with CC if amount of the claim exceeds ________ but does not exceed ________

Answer 20

$25,000, $4,500, $25,000

Question 21

For claims based on action for injury to the person (regardless of theory and including wrongful death and VA tort claims actions), GDC has jurisdiction if the amount does not exceed _______. Jurisdiction is exclusive if the amount does not exceed ________ and concurrent with CC if the claim exceeds ______ but does not exceed ________

Answer 21

$50,000, $45,000, $50,000

Question 22

T/F Service on any general partner is deemed service on the partnership and each named partner

Answer 22

True

Question 23

Except as provided by statute, a D who fails to appear in person or by counsel is in default and

Answer 23

1) Waives all objections to the admissibility of the evidence;

2) Is not entitled to notice any further proceeding in the case, except that when service is by posting; and

3) On request made in person by the P or P’s attorney, judgment will be entered for the amount appearing to the judge to be due. If relief demanded is unliquidated damages, the court will hear evidence and fix the amount thereof

Question 24

Appeals lie as of right to the CC if the amount involved is more than _______

Answer 24

$20

Question 25

A case appealed to CC is tried ________

Answer 25

De novo

Question 26

Appeal to CC must be taken within ________ days of entry of judgment by noting the appeal in writing with the clerk of GDC, and bond must be provided and costs paid within ________ days of entry of judgment

Answer 26

10, 30

Question 27

T/F Seeking a rehearing or moving for a new trial in the GDC does not modify the requirements for perfecting an appeal from the original judgment

Answer 27

True

Question 28

Without recourse of right to the CC, the only other avenue of appeal is to seek ________ from the ________ which it may or may not grant

Answer 28

Discretionary appeal of final judgment, Court of Appeals

Question 29

A D who appears at a damage hearing after default may contest damages by ________, ________, and ________

Answer 29

Offering evidence and objecting to evidence, cross-examine witnesses, and make oral arguments as to damages

Question 30

A D who is in default may seek to be “relieved” of the default, thus

Answer 30

Allowing the case to be decided on the merits rather than the procedural error of failing to file a timely responsive pleading