VA Civil Procedure

Question 1

When should an affirmative defense be pleaded?

Answer 1

Should be pleaded in response to a plaintiff’s complaint

Question 2

Contributory negligence as an affirmative defense

Answer 2

Should be pleaded in response to a plaintiff’s complaint but a defendant can still rely on it as a defense if plaintiff’s own evidence reveals sufficient facts to support an instruction.

Question 3

Judgment Non Obstante Veredicto

Answer 3

Trial judge can enter JNOV where the jury’s verdict is contrary to the evidence, or it is without evidence to support it.
However, if reasonable persons may differ in their conclusions of fact to be drawn from the evidence or if the conclusion is dependent on the weight to be given to the testimony, the trial judge should not exercise that power.

Question 4

Counterclaims

Answer 4

A Defendant may plead as a counterclaim any cause of action the defendant has against the plaintiff whether or not it arises out of the same transaction that is the subject of the plaintiff’s complaint and whether it is in tort or contract

Question 5

When can a nonsuit be taken?

Answer 5

A party may take a nonsuit during trial before a motion to strike the evidence has been sustained or before the jury retires from the bar.

Question 6

Nonsuits and Counterclaims

Answer 6

A party cannot nonsuit a cause of action, without the consent of the adverse party who has field a counterclaim, if the counterclaim arises out of the same transaction or occurrence as the claim of the party seeking to nonsuit. This rule does not apply if the counterclaim can remain pending for independent adjudication by the court.

Question 7

A Plaintiff has ___ nonsuit _________.

Answer 7

1, as a matter of right. No statute qualifies the right to a nonsuit based on a trial continuance.

Question 8

How can you waive Personal Jurisdiction?

Answer 8

Make a general appearance by filing an answer or conducting discovery