VA Civil Procedure

Question 1

Jim wants to appeal his personal injury case from the final judgment in the Virginia Circuit Court. What are all the things Jim must do to perfect his appeal?

Answer 1

1) File a Notice of Appeal in the Circuit Court Clerk’s Office within 30 days of entry of the Circuit Court’s Final Order
2) Post a bond for costs in the trial court
3) Make any transcript part of the trial court’s record by filing it within 60 days of entry of the final order, or file a “statement of the incidents of trial” within 55 days from the entry of the final order with notice to counsel of presenting it to the judge for certification.
4) File his appeal brief in the Court of Appeals.

Question 2

At the end of a Virginia Circuit Court trial, when the losing party wishes to file a motion to set aside the verdict, how long do they have to do so?

Answer 2

Within 21 days of the entry of judgment.

Question 3

When a potential juror is related to a party, has any interest in the case being tried, or has expressed an opinion or bias in the matter, he can be stricken from the panel ___________.

Answer 3

for cause

Question 4

Issues raised on appeal for the first time will not be considered by the appellate court unless

Answer 4

the “ends of justice” exception applies which is extremely rare since it is applied where there is a grave or serious miscarriage of justice.

Question 5

What type of error would it be for a court to force a party to use their preemptory strikes when the juror should be stricken for cause?

Answer 5

reversible error

Question 6

When should a juror be stricken for cause?

Answer 6

when a potential juror is related to a party, has any interest in the case being tried, or has expressed an opinion or bias in the matter, he can be stricken from the panel for cause.

Question 7

Is filing in the wrong appellate court a fatal error to your appeal?

Answer 7

If a petition for a civil appeal is incorrectly filed in the wrong appellate court, that court will transfer the case to the correct appellate court.

Question 8

After entry of a final judgment, a case “rests in the breast of the court” for how many days, after which the court no longer has jurisdiction?

Answer 8

21 days, but if that day falls on a day the court is closed, then the next day the court is open.

Question 9

If a party is asking a trial court to do something after entry of a judgement, that party only has _____ days to do that.

Answer 9

21 days

Question 10

If the party is just informing the trial court that it is going to appeal, it’s got ____ days to do that.

Answer 10

30 days