Virginia Civil Procedure Flashcards
When does the general district court have original jurisdiction over personal property?
In an act for partition where the value of the personal property is between $20 and $25,000
Which court has exclusive jurisdiction over partitioning real property
the circuit court
When must a motion for a new trial be filed in GDC
30 days after entry of the judgment
When is venue tested
At the commencement of an action
Where is venue proper in a marriage related action
Venue is proper in the place where the couple last cohabitated, or where the defendant resides.
Where is venue proper for a case regarding a will
Venue is proper where the will was probated
Where is venue proper for injunctive action
Venue is proper in the place where the targeted conduct is
Where is venue proper for disbarment of an attorney
Venue is proper where the attorney resides, has his practice, resided/had office, had a pending case for misconduct
When must a defendant file a motion objecting to venue
Within 21 days of service of process in circuit court, before trial commences in GDC
How long does a defendant have to reply to service of process in circuit court
21 days
What constitutes service of process
Summons and an initial pleading
Who may serve process
Sheriff of the county or a contiguous county; disinterested party over the age of 18
What constitutes service
Delivery directly on the defendant’s person, delivery to a household family member that is at least 16 years of age; posting a copy of the process at the front door along with mailing a copy to the party at least 10 days before a default judgment (nail and mail service)
How long does a defendant have to respond if they waive process
60 days after the date the plaintiff requested waiver or 90 days if the defendant’s address is outside of Virginia
What is an aggressive pleading
An aggressive pleading is a pleading that states a claim for relief, such as a complaint or counterclaim.
When must a counterclaim be filed
Within 21 days after service of process in CC, before trial in GDC
What is an affirmative defense
An affirmative defense is an assertion by the defendant that, even assuming the plaintiff’s allegations are true, the plaintiff is not entitled to the relief sought. The defendant bears the burden of proving an affirmative defense. Affirmative defenses include: SoL, SoF, fraud, mistake, impossibility, infancy.
What is a plea in bar
A plea in bar allows a defendant to file a special plea containing their affirmative defenses, rather than listing the defenses int heir answer. A plea in bar typically asserts a single factual issue that if resolves in favor of the defendant constitutes a complete defense to one or more of the plaintiff’s claims.
What is a demurrer
A demurrer is a challenge to the sufficiency of the form, style, allegations, or appropriateness of an aggressive pleading. A demurrer contends that an aggressive pleading does not state a cause of action or fails to state facts upon which relief can be granted.
Can a demurrer be filed after an answer
No, unless the court permits withdrawal of the answer.
What motion can a plaintiff file against a responsive pleading
A motion to strike a pleading, which can challenge the sufficiency of an answer, demurrer, or plea at bar.
What is a motion craving oyer
A motion craving oyer seeks a court order compelling the plaintiff to produce a document mentioned in, but not attached to, the complaint that is essential to the complaint.
What must a pleading include
A pleading must clearly inform the opposing party of the nature of the claim or defense by briefly and simply stating in numbered paragraph the facts on which the party relies
Can a party join a contract claim with a tort claim
Yes, provided they arise out of the same transaction or occurrence
