VA Time Limits Flashcards
Prepare for Virginia Bar Exam by memorizing relevant Virginia Time Limits.
Appeal from Circuit Court to Court of Appeals or SCOVA
Must file notice in Circuit Court within 30 days of final judgment and mail to all parties, transcript within 60 days of final judgment (55 for statement of the incidents of trial), notice of filing to all parties within 10 days of transcript being filed, and the petition for appeal within 3 months
Plaintiff Response to Counterclaim or Cross-Claim
21 days
Filing of GDC Suit Papers
10 days for unlawful detainer, 5 days for all others
SoL for foreclosure actions
10 years (tolled 1 year by death of mortgagee)
Time to probate will
No time limit, but BFP who takes from devisee more than one year after death is protected against subsequent successful will contest if will not probated within first year.
Time to execute a warrant
Warrants are void after 15 days if not executed
Deadline to Give Notice of Intention to Use Written Report of Medical Costs as Hearsay Exception
10 days before trial
Time to make a motion to suppress evidence in Circuit Court
7 days before trial (must be in writing)
SOL for Claims Based on Foreign Objects in Body
Extended for one year from when object is discovered or should have been discovered
SOL for Distress
5 years
SOL For Contract Governed under the Law of Another State
The shorter of Virginia’s SOL or that of the state whose law governs the contract (“borrowing statute”)
Deadline to Post Bond for Rent in Appeal of Unlawful Detainer Case from GDC to Circuit Court
10 days from judgment
Deadline for Filing a Bill of Review
Within 6 months of entry of the final order
Time to file inventory of estate
4 months from appointment as personal representative
SOL for Ejectment Action
15 years
Appeal from GDC to Circuit Court
10 days to file notice in GDC, 30 days to pay fees and bonds
SoL for adverse possession of personalty
5 years
Motion to Remove to Federal Court
30 days after service on defendant
Deadline for Nonsuit
Must be filed before the jury retires, the case is submitted to the court, the court has ruled on a motion to strike the evidence, or a special pleas has been fully argued and is awaiting decision.
SoL for felonies
Generally none
Extending SOL For Third-Party claims for Indemnification and Contribution
If an action is brought against a defendant within 30 days of the expiration of the applicable SOL, the defendant has 60 extra days tacked on to the usual SOL on claims for indemnification or contribution.
Deadline to Demand a Jury Trial
10 days from the last filing to raise the jury-triable issue (typically, the answer or special plea)
SOL for damage to Property
5 years (4 years for UCC claim, e.g., warranty claim)
Notice of negligence claims against localities
Negligence claims against localities barred unless notice is given to locality describing events, date, time, and place within 6 months unless the injury prevents giving notice
Claim under Virginia Tort Claims Act
2 year SoL. Notice must be given to the state agency within 18 months. Suit must be filed after the claim is denied by the state agency or six months after giving notice if no answer
Notice if intent to raise insanity defense
Must notify commonwealth of intent to raise defense (and which test to be used) 60 days before trial
SOL for Detinue
Not clear
SOL For Creditors Contesting Conveyances
Laches for fraudulent conveyance, 5 years for voluntary conveyance
Deadline to Serve Defendant after Bringing Suit
One year unless plaintiff has exercised due diligence
SOL for Negligent Failure to Misdiagnose Tumor
Extended one year from date of diagnosis
Time to bring non-VTCA Claims Against the Commonwealth
Must be presented in writing to head of department within 5 years of accrual
Deadline for Motion to Set Aside Verdict
Within 21 days of final judgment
SOL for Med Mal Claims in which Fraud Prevents Discovery of Injury
Extended one year from when the injury is discovered or should have been discovered
Deadline to Challenge Arbitration Award
90 days
SOL For Defective Improvement to Real Property
5 years from date of improvement
SOL for Easement by Prescription
20 years (10 for water/sewer)
Deadline to File Written Objections to the Report of the Commissioners in Chancery
10 days after report delivered
Deadline of Intent to Admit Written Estimates of Auto Damage
Damages ≤ $2,500 – no copy must be furnished
Damages > $2,500 – must furnish 7 days before trial
Time required to “survive” decedent and take by intestacy or will
120 hours unless will provides for shorter period
Deadline for Motion to Strike the Evidence
Should be made by defendant when plaintiff rests or when both sides have rested or by plaintiff when defendant has rested
Court’s Discretion to Allow Late Pleadings
Can allow a party to file late pleadings if default has been entered and court still has jurisdiction and 21 days have not passed
Time missing before death presumed
7 years
Speedy trial
If in custody: Trial must commence (jeopardy attaches or guilty plea entered) within 5 months from preliminary hearing
If not in custody: within 9 months of preliminary hearing.
Tolled by variety of events, including separate trials for codefendants, illness of prosecution witness, and motion for continuance by/with consent of defendant
Deadline for Enforcement of Judgments
20 years for circuit court judgments, 10 for GDC unless docketed in the circuit court
Time for Responsive Pleadings
21 days, but 60 if waived service and 90 if waived and outside state
Defendant Impleading a Third Party
Can do at any time, but don’t need leave of court if within 21 days of being served
Notice of intent to sell personalty held by lienor to satisfy lien
Notice to lienee by registered mail 10 days before sale
SoL for adultery as grounds of divorce
5 years
Deadline for Response to Requests for Admissions
21 days
SOL for Fraud
2 years
Time to appoint administrator
30 days for individuals with priority (sole distributee or distributee with consent of all others)
30-60 days court may appoint first distributee to apply
60 days+ court may appoint anyone
Deadline for Summary Judgment
Must be filed after parties have entered pleadings
SOL for Unlawful Detainer
3 years
Length of TRO
15 days
Time to perfect mechanic’s lien
Memorandum of lien with certificate of mailing within 90 days of completion/stoppage of work.
Lien relates back to time work was started
Plaintiff Adding a Party to the Case
Within 21 days of filing complaint
Motion to Transfer Venue
Within 21 days of service on defendant in circuit court, any time before or on the day of trial in GDC
Deadline to Give Notice of Intent to Introduce Medical Bills
30 days before trial
SOL For Contracts
3 years for oral, 4 years for UCC, 5 years for written
SoL for misdemeanors
1 year, but tolled while “fleeing from justice”
Deadline to Contest Failure to Plead Under Oath
7 days
SOL for Personal Injury
2 years
Deadline to Appeal on Order Granting or Denying an Injunction
15 days
Presumption of abandonment in unclaimed intangible property and property in safe deposit boxes
Presumption arises after 5 years with owner claiming or demonstrating any interest in the property under the Uniform Disposition of Unclaimed Property Act
SOL for Defamation
1 year
Deadline for Amending the Complaint
21 days after leave to amend is granted by the court
Request for a Med Mal Review Board
Within 30 days of answer
SOL for Wrongful Death
2 years
Time for spouse to claim elective share
6 months from admission of will to probate/appointment of administrator
SOL for Child Sex Abuse
20 years
FOIA responses
The government body must respond within 5 business days and may respond by stating records cannot be produce within the 5 day period, which grants another 7 business days to respond.
