VCP Flashcards
Within how many days can Circuit Court judge vacate, modify, or suspend a final order?
21 days
How to preserve right to challenge order on appeal from Circuit Court?
File Notice of Appeal in Circuit Court within 30 days.
Mail copy of NOA to all counsel of record
Include certificate of service with NOA.
Can defendant in default still argue about liability?
No, admits liability
Is defendant in default still entitled to any notice of further proceedings? Exception?
No. Notice of the default shall be given to any counsel of record. If service to D was by mail, then need to mail that notice.
What must P do to properly serve D so that Circuit Court has jxn over D?
- Summons + complaint = process
- D must respond within 21 days to service of process. Otherwise, D in default.
- P relieved of service burden if D waives service of process OR makes general appearance by filing responsive pleadings.
How can D respond to motion for default judgment against him?
- Make special appearance moving to dismiss motion based on fact that court had no jxn over him b/c he was never served AND
- Move to dismiss case with prejudice b/c P failed to serve D within 1 year of filing suit and failed to exercise diligence in trying to serve D
Venue for K claim?
Where cause of action arose
Must court grant new trial if not unanimous jury verdict?
Yes
Must court grant new trial because juror had convo with a 3rd party?
Not if the conversation was harmless
When is verdict excessive?
When it “shocks the conscience”
What can judge do if damages are excessive?
Order remittance (reduce damages) or order new trial
When court orders new trial because of excessive damages, should new trial be on all issues or just issue of damages?
1.Discretion of court
2. Can be trial on all new issues but only if court thinks excessive damages shows risk of bias against D.
When should court grant motion for arbitration?
- Provision in K for arbitration generally enforceable
- Either party can move court to enforce that provision
When may Circuit Court vacate arbitrator’s award?
- Party must move for vacating arbitrator’s award within 90 days
- Must be something procedurally unfair about arbitrator’s award (corruption, fraud, undue means, partiality of arbitrator, arbitrators exceeded powers, arbitrator refused to postpone hearing upon sufficient cause or hear evidence, no arbitration agreement)
What should party do to enforce arbitration award?
Prevailing party should make application to court to confirm award and enter judgment conforming with the award.
Which court to appeal civil case to from Circuit Court?
SCV if not specific area of law handled by CAV (domestic relations, administrative agencies, less than $500)
What action to initiate process of obtaining pretrial recovery of vases?
Petition for pre-trial seizure in detinue
What must you plead in petition for pre-trial seizure?
- Kind, quality and estimated fair value of specific property being sought
- Basis of plaintiff’s claim with such certainty that will give adverse party reasonable notice of the true nature of the claim and the particulars
- Allege 1/more grounds for attachment
- Post bond x2 of value of property
Which parties should be named in the pre-trial seizure action?
The person in possession and anyone else claiming property
Petition for attachment - need to plead what?
- Kind, quantity, and estimated fair market value of property sought;
- Character of estate claimed by P
- P’s claim with such certainty as to give reas notice of claim
- sum
- facts for grounds for attachment
- sworn petition
- Whether immediate seizure is sought
+ Bond
SOL for written non UCC contracts
5 years
UCC contract SOL
4 years
When can MSJ consider deposition testimony?
If parties agree
In Circuit Court, does default judgment waive right to argue about liability and damages?
No, just liability
