VA Civil Procedure Drill Set #1

What must be done to appeal a General District Court judgment?

Within 10 days after entry of the order or judgment being appealed, the party must notify the clerk’s office in writing of the appeal.

Within 30 days from the date of judgment, the appealing party generally must pay the writ tax and court costs for the circuit court, and an appealing defendant generally must furnish an appeal bond.

Where is the appropriate forum for an action involving land?

The appropriate forum is the county or city in which the land, or a part thereof, is situated.

Where is the appropriate forum for a proceeding to award an injunction against the prosecution of an action requiring all claims against a debtor to be brought in one proceeding;

The appropriate forum is the circuit court of the county or city in which the judgment was rendered or such proceeding is pending.

Where is the appropriate forum for a proceeding to award an injunction against prosecution of an action prohibiting enforcement of a judgment earlier obtained in an action

The appropriate forum is the circuit court of the county or city in which the judgment was rendered or such proceeding is pending.

Where is the appropriate forum for a proceeding to award an injunction that seeks to compel or prohibit any other act or proceeding?

The appropriate forum is the circuit court of the county or city in which (i) the act is to be done, or being done, or is apprehended to be done; or (ii) the proceeding is pending.

Where is the appropriate forum for a divorce?

The appropriate forum is:

(i) The county or city where the parties last cohabited;

(ii) At the option of the plaintiff, where the defendant resides if the defendant is a resident of the Commonwealth; and

(iii) If an order of publication may be issued against the defendant, the county or city in which the plaintiff resides.

Where is the appropriate forum for distress action?

The appropriate forum is the county or city in which (i) the premises yielding the rent, or some part thereof, is located; or (ii) goods liable to distress may be found.

What is a distress action?

a legal remedy that a landlord can use to recover unpaid rent by seizing a tenant’s personal property.

When a plaintiff requests that a defendant waive service, what happens if the defendant agrees or refuses to waive service?

A defendant who agrees to waives service is granted additional time in which to respond to the complaint: 60 days for in-state defendants, or 90 days for defendants outside Virginia.

If a defendant refuses to comply with a request for waiver made by a plaintiff, the court must impose the costs subsequently incurred in effecting service on the defendant unless good cause for the failure is shown.

Who can serve process, and (2) where can a sheriff or deputy serve process?

(1) Any person who is at least 18 years old and not a party or otherwise interested in the subject matter in controversy may serve process, including private process servers.

(2) A sheriff or deputy can serve process within the sheriff’s jurisdiction or any contiguous jurisdiction.

In what order must the three modes of service on natural persons be attempted?

(1) Personal service

(2) Delivery to a family member aged 16 or over at the defendant’s usual place of abode

(3) Posting at apparent entrance to defendant’s place of abode

What is the curative statute regarding service of process?

Except in suits for divorce or annulment of a marriage, if improperly served process reaches the person to whom it is directed in time, service is good.

Note: The curative statute does not apply to mere notice or incomplete process.

When long-arm jurisdiction does not apply, how must service of process be made on a foreign corporation authorized to do business in Virginia

Personal service on (i) any officer, director, or the registered agent anywhere in Virginia, (ii) a person designated to receive process, or (iii) the clerk of the state corporation commission

When long-arm jurisdiction does not apply, how must service of process be made on a foreign corporation not authorized to do business in Virginia?

Personal service on any agent anywhere in Virginia

How can service of process be made on a nonresident who, personally or by agent, operates a motor vehicle or aircraft on the highways or airways of Virginia?

The Commissioner of the Department of Motor Vehicles (for motor vehicles) and the Secretary of the Commonwealth (for aircraft) are designated as statutory agents to receive service of process on behalf of these nonresident defendants.

What two inquiries must the court make when long-arm jurisdiction is challenged?

The court must determine (1) whether the facts alleged engage any of the specific provisions of Virginia’s long-arm statute, and (2) whether the defendant had sufficient minimum contacts with Virginia to make jurisdiction constitutional.

When a statutory agent receives service of process, what action must the agent take?

The statutory agent must mail a copy of the process to the defendant’s last known address and file a certificate of compliance with the clerk’s office.

What notice of a negligence claim must be given to a county, city, or town?

For each cognizable claim, the claimant must file a written statement that includes (i) the nature of the claim, (ii) the time of the injury, and (iii) the place where the injury is alleged to have occurred.

For what claims does the Virginia Tort Claims Act waive immunity?

The VTCA waives immunity for tort claims for damage to or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee acting within the scope of his employment.

Whose immunity is waived by the Virginia Tort Claims Act?

The VTCA waives immunity on behalf of state and transportation districts, but not local government.

If a plaintiff wants to sue a state agency under the Virginia Tort Claims Act, who is the proper defendant?

The proper defendant is the Commonwealth of Virginia, not the state agency.

How is the issue of adding a party raised?

A motion alleging nonjoinder

How is the issue of removing a party raised?

A motion alleging misjoinder

To what court is a General District Court judgment appealed and what is the standard of review?

A General District Court judgment is appealed to the circuit court.

The standard of review is de novo.