VA Civil Procedure

Question 1

Detinue

Answer 1

For recovery of personal property or value thereof.

Question 2

Motion Carving Oyer

Answer 2

To make other party produce document

Question 3

Demurrer

Answer 3

Tests sufficiency of a pleading that seeks affirmative relief. (May not allege new facts)

Question 4

Subpoena Duces Tecum

Answer 4

Commanding person to produce documents or things

Question 5

Guardian ad litem

Answer 5

For purposes of litigation only (not a general guardian)

Question 6

Ore Tenus

Answer 6

Testimony given orally

Question 7

Decree

Answer 7

Judgment on equitable causes of action.

Question 8

Supersedes Bond

Answer 8

One that suspends operation of judgment on appeal

Question 9

Merger

Answer 9

Res Judicator when claimant won Case 1

Question 10

Bar

Answer 10

Res Judicator when claimant lost Case 1

Question 11

Pendente lite during litigation

Answer 11

Having possession of the property while litigation was going on. “P had custody of the property pendente lite.”

Question 12

Motion in limine

Answer 12

A pretrial motion, usually to determine whether the jury should hear certain evidence.

Question 13

Special Plea

Answer 13

This is VA version of Affirmative defenses

Question 14

Category A Venue

Answer 14

Local Actions, Wills, Writs (for mandamus, prohibition, or certiorari), Injunctions

Question 15

Category B Venue

Answer 15

These are choices for the regular, old, run-of-the-mil case. Anything not falling within Category A Venue.