Virginia Civil Procedure Flashcards
What is the upper monetary limit for a personal injury case filed in general district court?
$50,000
General district courts have concurrent subject matter jurisdiction with circuit courts when the amount in controversy exceeds ________ but does not exceed __________.
$4,500; $50,000.
If the trial judge in a civil action has granted a motion to strike the evidence of the plaintiff or the defendant, what should the judge do?
Enter summary judgment or partial summary judgment in conformity with his ruling on the motion to strike.
What is the object of a declaratory judgment action?
To obtain a declaration of right.
What remedy is designed to cure an award of damages that is grossly excessive without the necessity of a new trial or appeal?
Remittitur.
Service of process in a civil action or suit is deemed timely if made within how long of the commencement of the action or suit against the defendant?
12 months
If damages found by the jury are inadequate, the court may require the defendant to pay an amount in excess of the verdict or face a new trial. This is called:
Additur.
True or False: Sovereign immunity applies to the Commonwealth in all suits for money damages caused by the negligence of a state employee.
FALSE
True or False: A pleading can be signed by using a law firm name only.
FALSE
True or False: Summary judgment as to liability may not be granted if there is a genuine issue as to the amount of damages.
FALSE
Generally, a bill of review may be filed within what time period after entry of the decree to be reviewed?
Six months.
The plaintiff may, at plaintiff’s option, within _______ after service of the third-party complaint upon the third-party defendant, assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff.
21 days.
What claims may be heard in general district court regardless of the amount in controversy?
Distress claims.
A plaintiff in a lawsuit against the Commonwealth must notify the Commonwealth of the claim within ______ of the accrual of the cause of action.
One year.
Unless otherwise provided, every action for personal injuries, whatever the theory of recovery, must be brought within _____ year(s) after the cause. of action accrues.
Two years.
For a personal injury case against the Commonwealth for which the statute of limitations is two years, when must the plaintiff notify the Commonwealth of the claim before it will be barred?
Within one year.
True or False: An arbitration award must be vacated if a court of law or equity would not have arrived at the same result.
FALSE.
A trial court has the power to vacate a default judgment or decree on the ground of fraud within ______ of rendition.
Two years.
Leave to amend a pleading is to be:
Liberally granted in furtherance of the ends of justice.
Every action for injury resulting from libel, slander, insulting words, or defamation shall be brought within _____ after the cause of action accrues.
One year.
A ______ requires a non party deponent to bring documentary evidence with him to a deposition.
Subpoena duces tecum.
A motion to strike the evidence serves the same function as a __________ in federal court.
Motion for judgment as a matter of law.
How many of the appellate court justices are required for the court to sit en banc?
Eight.
Notwithstanding any other provision of law, when may a party in any civil action inform the jury of the amount of damages sought by the plaintiff?
In both the opening statement and the closing argument.
A notice of appeal must be filed within ________ days of entry of the final judgment or other appealable order or decree in circuit court.
30 days.
After trial in the circuit court, any notice of appeal must be originally filed with which court?
The circuit court.
True or False: In determining whether the judgment of another state precludes further litigation, a Virginia court will apply Virginia law.
FALSE.
When a party is required or permitted under the Virginia Rules of Civil Procedure to do an act within a prescribed time after service of a paper on him, and the paper is served by mail, how many days will be added to the prescribed period?
3 days.
To appeal a case from a general district court to a circuit court, the appeal must be taken within ______ days of entry of judgment by noting the appeal in writing with the clerk of the general district court.
10 days.
When a party is required or permitted under the Virginia Rules of Civil Procedure to do an act within a prescribed time after service of a paper on him, and the paper is served by facsimile, e-mail, or commercial delivery service, how many day(s) will be added to the prescribed period?
One day.
Unless otherwise provided, every action for damages resulting from fraud shall be brought within _____ year(s) after the cause of action accrues.
Two years.
Any party may make a motion for summary judgment at any time, except in an action for what?
Divorce.
An appellant in the court of appeals must file an opening brief within ______ of the filing of the record.
40 days.
Except as otherwise directed by the Virginia Court of Appeals, oral argument for a party shall not exceed ______ in length.
15 minutes.
In the court of appeals, the brief of an appellee must be filed within ______ of the filing of the appellant’s brief.
30 days.
If the amount or value involved in a case does not exceed $25,000, a jury of ______ is required. If the amount or value exceeds $25,000, a jury of ________ is required. If the parties consent, a jury of ______ may be used.
Five; seven; three.
The appellant may file a reply brief within _____ of the filing of the appellee’s brief.
14 days.
In determining the amount in controversy in a civil action, are interest and attorney’s fees stipulated in an instrument included or excluded?
Excluded.
When may clerical mistakes in judgments or in the record be corrected by the court?
At any time.
If service of the summons has been timely waived on request, an out-of-state defendant must file responsive pleadings to the complaint within _____ days after the date when the request for waiver was sent.
90 days.
When answers in a defensive pleading in any suit on an equitable or a legal claim are insufficient, what is the appropriate motion to be made by the complaining party?
Motion to strike.
What is the purpose of Virginia’s long arm statute?
To confer personal jurisdiction over nonresidents resulting from the ownership of property within Virginia. AND
To confer personal jurisdiction over nonresidents who have contacts with Virginia.
True or False: An extension of the time to file a notice of appeal is not permitted.
FALSE.
If the subject matter of a counterclaim or cross-claim arises out of the same transaction or occurrence upon which the plaintiff’s claim is based, the statute of limitations with respect to such actions:
Is tolled by the filing of the plaintiff’s action.
In cases in which fraud, concealment, or intentional misrepresentation prevented discovery within the statutorily specified limitation period of an injury caused by medical malpractice, the time within which to bring a claim is extended by ____ year(s) from the date the injury is discovered, or by the exercise of due diligence, reasonably should have been discovered.
One year.
An “interlocutory appeal” is:
An appeal of a nonfinal order for which an appeal as of right does not exist.
Amicus briefs are allowed as a matter of right when filed by:
Both the Commonwealth and the United States.
No party shall serve upon any other party, at any one time or cumulatively, more than _______ written interrogatories, including all parts and subparts without leave of court for good cause shown.
30.
If a five-person jury is required, the jury panel begins with at least _____ jurors to allow each side ____ peremptory challenge(s).
11 jurors; 3 peremptory challenges.
A special grand jury consists of not less than _____ or more than ____ persons.
7 and 11.
If a seven-person jury is required, the jury panel begins with at least ______ to allow each side _____ peremptory challenge(s).
13 jurors; 3 peremptory challenges.
May a plaintiff join a claim in tort with one in contract?
Yes, provided that the tort claim and the contract claim arise out of the same transaction or occurrence.
True or False: A general denial of the entire complaint or plea of the general issue is not permitted.
TRUE.
If a three-person jury is used, each side selects one juror. Who selects the third juror?
The two jurors selected by each side.
