Virginia Civil Procedure MEEs

Question 1

Who may serve process in Virginia?

Answer 1

1) An adult civilian not interested in the case
2) A sheriff or deputy of the county; may serve their county and contiguous counties
3) Plaintiff may serve process personally to the registered agent if the defendant is a domestic corporation

Question 2

Statute of Limitations: Personal Injury Claim

Answer 2

1) Two years from date of accrual
2) If SOL ends on a non-working day, the next working day is the deadline

Question 3

When is venue proper for a corporate defendant in Virginia?

Answer 3

1) where the cause of action arose
2) where the corporation has a registered office or appointed agent
3) where the defendant regularly conducts substantial business if there is a practical nexus to the case

Question 4

Limitation of Ad Damnum clauses on appeal

Answer 4

1) Verdict may not exceed the damages amount in the complaint; damages may not be amended post-verdict
2) When a defendant appeals, circuit court is granted discretion to permit the plaintiff to amend the complaint to seek an amount in excess of the jurisdictional limit

Question 5

What is the Virginia 21 Day Rule?

Answer 5

After entry of a final judgment, a case “rests in the breast of the court” for 21 days. After the 21 day period, the trial court has no further jurisdiction over the case.

Question 6

Civil Appeals: by right vs. by petition

Answer 6

Appeal from the trial court to the Virginia Court of Appeals is a matter of right. If the party loses at the Court of Appeals, they may petition the Virginia Supreme Court to hear the case.

Question 7

Petition for a civil appeal filed in the wrong appellate court

Answer 7

The court will simply transfer the case to the correct appellate court; it is not fatal to the appeal.

Question 8

Striking a juror for cause

Answer 8

When a potential juror is (1) related to a party; (2) has any interest in the case; (3) or has expressed an opinion or bias on the matter, he can be stricken for cause.

Question 9

Effect of a trial court not striking a juror for cause

Answer 9

It is reversible error when a court forces a party to use a peremptory strike when a juror should have been struck for cause.

Question 10

Preserving error on appeal

Answer 10

Issues raised on appeal for the first time will not be considered by the appellate court unless the “ends of justice” exception applies.

Question 11

What is the “ends of justice” exception?

Answer 11

The appellate court will consider an issue for the first time on appeal if it’s an extreme case where the court must correct an extreme injustice.

Question 12

How can a minor sue in their own name in Virginia?

Answer 12

A minor can sue in their own name by a named person has her “next friend”. Judgment will not necessarily be disturbed for failure to sue through a next friend, and a court will not disturb the choice of a next friend except for impropriety.

Question 13

What is a misnomer?

Answer 13

Misnomer occurs when a party intends to sue the party but makes a mistake in naming them.

Question 14

What is misjoinder?

Answer 14

The improper joining of a party to a suit

Question 15

Effect when plaintiff is under a disability at the time of injury accrual

Answer 15

Statute of limitations does not begin to run until the disability is removed. (I.E. wakes up from a coma or reaches the age of majority)

Question 16

When do amendments correcting misnomers “relate back” to the original pleading?

Answer 16

1) claim asserted in the amended pleading arose from the same conduct, transaction, or occurrence set forth in the pleading
2) the party to be brought in received timely notice of the action with the the statute of limitations
3) the party won’t be prejudiced in maintaining a defense on the merits
4) the party knew or should have known that but for the mistake, the action would have been brought against them

Question 17

Who may served process at a foreign corporation doing business in Virginia?

Answer 17

1) a registered agent or person in the registered agent’s office designated to receive process
2) the clerk of the Virginia State Corporation Commission
3) any officer of director found in Virginia

Question 18

When is service sufficient even if it’s defective?

Answer 18

Any process in writing that reaches the defendant within 1 year and provides notice of the case is sufficient even if service is defective

Question 19

How may a party obtain dismissal?

Answer 19

Via summary judgment where there is no genuine dispute of material fact.

Question 20

Permissible evidence for summary judgment in Virginia

Answer 20

Unlike a Federal court, a Virginia State Court movant cannot rely on affidavits as summary judgment evidence and parties must agree in order to use deposition testimony as evidence. It must appear from the pleadings, pre-trial conference orders, or party admissions that the movant is entitled to judgment.

Question 21

Personal Jurisdiction: Transacting Business in Virginia

Answer 21

The Virginia long arm statute confers jurisdiction over anyone who transacts business in Virginia. Even a single transaction is sufficient.

Question 22

Preserving Error on Appeal

Answer 22

Issues raised on appeal for the first time will not be considered by the appellate courts unless the “ends of justice” exception applies.

Question 23

When is a party “necessary”?

Answer 23

1) Court cannot accord complete relief among the existing parties
2) Absentee’s interest may be harmed if they are not joined
3) Absentee claims an interest that subjects a party to a risk of multiple obligations

Question 24

Considerations for injunctive relief

Answer 24

1) Whether the plaintiff has an adequate remedy at law
2) Whether the plaintiff will likely succeed at trial
3) Relative hardships from issuing / denying the injunction
4) Whether public interest weighs for or against the injunction

Question 25

When is injunctive relief appropriate?

Answer 25

When the legal remedy of damages is insufficient or unavailable, a party can seek injunctive relief by filing a motion of temporary injunction and attaching affidavits showing damages will flow if the activity is not stopped before trial.