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Virginia Bar Exam > VA Time Limits > Flashcards

VA Time Limits Flashcards

Prepare for Virginia Bar Exam by memorizing relevant Virginia Time Limits.

1
Q

Appeal from Circuit Court to Court of Appeals or SCOVA

A

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

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2
Q

Plaintiff Response to Counterclaim or Cross-Claim

A

21 days

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3
Q

Filing of GDC Suit Papers

A

10 days for unlawful detainer, 5 days for all others

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4
Q

SoL for foreclosure actions

A

10 years (tolled 1 year by death of mortgagee)

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5
Q

Time to probate will

A

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.

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6
Q

Time to execute a warrant

A

Warrants are void after 15 days if not executed

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7
Q

Deadline to Give Notice of Intention to Use Written Report of Medical Costs as Hearsay Exception

A

10 days before trial

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8
Q

Time to make a motion to suppress evidence in Circuit Court

A

7 days before trial (must be in writing)

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9
Q

SOL for Claims Based on Foreign Objects in Body

A

Extended for one year from when object is discovered or should have been discovered

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10
Q

SOL for Distress

A

5 years

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11
Q

SOL For Contract Governed under the Law of Another State

A

The shorter of Virginia’s SOL or that of the state whose law governs the contract (“borrowing statute”)

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12
Q

Deadline to Post Bond for Rent in Appeal of Unlawful Detainer Case from GDC to Circuit Court

A

10 days from judgment

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13
Q

Deadline for Filing a Bill of Review

A

Within 6 months of entry of the final order

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14
Q

Time to file inventory of estate

A

4 months from appointment as personal representative

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15
Q

SOL for Ejectment Action

A

15 years

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16
Q

Appeal from GDC to Circuit Court

A

10 days to file notice in GDC, 30 days to pay fees and bonds

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17
Q

SoL for adverse possession of personalty

A

5 years

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18
Q

Motion to Remove to Federal Court

A

30 days after service on defendant

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19
Q

Deadline for Nonsuit

A

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.

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20
Q

SoL for felonies

A

Generally none

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21
Q

Extending SOL For Third-Party claims for Indemnification and Contribution

A

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.

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22
Q

Deadline to Demand a Jury Trial

A

10 days from the last filing to raise the jury-triable issue (typically, the answer or special plea)

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23
Q

SOL for damage to Property

A

5 years (4 years for UCC claim, e.g., warranty claim)

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24
Q

Notice of negligence claims against localities

A

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

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25
Q

Claim under Virginia Tort Claims Act

A

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

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26
Q

Notice if intent to raise insanity defense

A

Must notify commonwealth of intent to raise defense (and which test to be used) 60 days before trial

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27
Q

SOL for Detinue

A

Not clear

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28
Q

SOL For Creditors Contesting Conveyances

A

Laches for fraudulent conveyance, 5 years for voluntary conveyance

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29
Q

Deadline to Serve Defendant after Bringing Suit

A

One year unless plaintiff has exercised due diligence

30
Q

SOL for Negligent Failure to Misdiagnose Tumor

A

Extended one year from date of diagnosis

31
Q

Time to bring non-VTCA Claims Against the Commonwealth

A

Must be presented in writing to head of department within 5 years of accrual

32
Q

Deadline for Motion to Set Aside Verdict

A

Within 21 days of final judgment

33
Q

SOL for Med Mal Claims in which Fraud Prevents Discovery of Injury

A

Extended one year from when the injury is discovered or should have been discovered

34
Q

Deadline to Challenge Arbitration Award

A

90 days

35
Q

SOL For Defective Improvement to Real Property

A

5 years from date of improvement

36
Q

SOL for Easement by Prescription

A

20 years (10 for water/sewer)

37
Q

Deadline to File Written Objections to the Report of the Commissioners in Chancery

A

10 days after report delivered

38
Q

Deadline of Intent to Admit Written Estimates of Auto Damage

A

Damages ≤ $2,500 – no copy must be furnished

Damages > $2,500 – must furnish 7 days before trial

39
Q

Time required to “survive” decedent and take by intestacy or will

A

120 hours unless will provides for shorter period

40
Q

Deadline for Motion to Strike the Evidence

A

Should be made by defendant when plaintiff rests or when both sides have rested or by plaintiff when defendant has rested

41
Q

Court’s Discretion to Allow Late Pleadings

A

Can allow a party to file late pleadings if default has been entered and court still has jurisdiction and 21 days have not passed

42
Q

Time missing before death presumed

A

7 years

43
Q

Speedy trial

A

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

44
Q

Deadline for Enforcement of Judgments

A

20 years for circuit court judgments, 10 for GDC unless docketed in the circuit court

45
Q

Time for Responsive Pleadings

A

21 days, but 60 if waived service and 90 if waived and outside state

46
Q

Defendant Impleading a Third Party

A

Can do at any time, but don’t need leave of court if within 21 days of being served

47
Q

Notice of intent to sell personalty held by lienor to satisfy lien

A

Notice to lienee by registered mail 10 days before sale

48
Q

SoL for adultery as grounds of divorce

A

5 years

49
Q

Deadline for Response to Requests for Admissions

A

21 days

50
Q

SOL for Fraud

A

2 years

51
Q

Time to appoint administrator

A

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

52
Q

Deadline for Summary Judgment

A

Must be filed after parties have entered pleadings

53
Q

SOL for Unlawful Detainer

A

3 years

54
Q

Length of TRO

A

15 days

55
Q

Time to perfect mechanic’s lien

A

Memorandum of lien with certificate of mailing within 90 days of completion/stoppage of work.

Lien relates back to time work was started

56
Q

Plaintiff Adding a Party to the Case

A

Within 21 days of filing complaint

57
Q

Motion to Transfer Venue

A

Within 21 days of service on defendant in circuit court, any time before or on the day of trial in GDC

58
Q

Deadline to Give Notice of Intent to Introduce Medical Bills

A

30 days before trial

59
Q

SOL For Contracts

A

3 years for oral, 4 years for UCC, 5 years for written

60
Q

SoL for misdemeanors

A

1 year, but tolled while “fleeing from justice”

61
Q

Deadline to Contest Failure to Plead Under Oath

A

7 days

62
Q

SOL for Personal Injury

A

2 years

63
Q

Deadline to Appeal on Order Granting or Denying an Injunction

A

15 days

64
Q

Presumption of abandonment in unclaimed intangible property and property in safe deposit boxes

A

Presumption arises after 5 years with owner claiming or demonstrating any interest in the property under the Uniform Disposition of Unclaimed Property Act

65
Q

SOL for Defamation

A

1 year

66
Q

Deadline for Amending the Complaint

A

21 days after leave to amend is granted by the court

67
Q

Request for a Med Mal Review Board

A

Within 30 days of answer

68
Q

SOL for Wrongful Death

A

2 years

69
Q

Time for spouse to claim elective share

A

6 months from admission of will to probate/appointment of administrator

70
Q

SOL for Child Sex Abuse

A

20 years

71
Q

FOIA responses

A

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.

Virginia Bar Exam (1 decks)

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