VA Civil Procedure Flashcards
How long does the Circuit Court retain jurisdiction over a case?
21 Days. The time period for appeals begins after the 21 days is up.
How do you appeal a case in Virginia?
Civil appeals are as of right from the Circuit Court to the Virginia Court of Appeals. (This means there is no petition needed). A party who loses in the Court of Appeals may petition the Virginia Supreme Court to hear the case.
What kind of juror can be striken for cause?
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
What happens if a judge makes a lawyer use a peremptory strike when the juror should have been striken for cause?
It would be reversible error
Can a Court hear an issue for the first time on appeal?
Generally, no.
Issues raised on appeal for the first time will not be considered by the appellate court, unless…
The “Ends of Justice” exception applies, where the court must correct a grave injustice. This pretty must only applies in cases of life in prison.
What are the factors considered by the court for injunctive relief?
(1) Is there an adequate remedy at law?
(2) Does the plaintiff have a likelihood of success at trial?
(3) Is the harm to the Plaintiff if they don’t get the injunction greater than the harm to the Defendant if they do get it?
(4) Does public interest weigh in favor of granting the injunction?
Who may serve process in Virginia?
Any person over 18 years old who is not a party and is not otherwise interested in the subject matter of the controversy
Where can a sheriff serve process?
In their city/county or any continuous city/county
When is service of process effective?
So long as the defendants received the complaint and summons in a timely manner, which is usually considered to be within a year of filing
What is the statute of limitations for bringing a personal injury suit?
2 years from the cause of action
Where is venue proper?
(1) Where any defendant resides
(2) Where defendant has a registered agent
(3) Where the action arose
What is a demurrer?
A filing that tests the legal sufficiency of the complaint
(you would file one if you thought you were wrongly named as a defendant)
