Virginia Civil Procedure

Prerogative Law

special prominence of sovereign over others, today this is sovereign immunity

Dylan's Rule

the reason that munis can only act w/in the scope of authority granted by the state

Extraordinary Jurisdiction

the original reason for equity courts - used when CL courts did not create complete remedy

Divorce Court

Originally church court, and prior equity, but now in civil courts

Probate of Wills

Jurisdiction of this is given to the civil courts by statute - OG church

Supreme Court of VA - App JDX

from COA or circuit courts on petition, and from SCC as of right

Supreme Court of VA - OG JDX

for mandamus and prohibition to circuit courts or SCC and for lawyer discipline

Court of Appeals of VA JDX

appeals in criminal cases (except DP), civil cases, admin agencies, domestic relations cases, and WCC

Circuit Courts OG JDX

court of general jurisdiction - common law, equity, divorce, and probate

Circuit Courts - App JDX

from GDC (reviewed de novo, also above $50) or JDR; and also review of admin rulings - but only of the law, not facts

Current Docket

in CC, list of all cases filed in chronological order

Trial Docket

aka the paper docket, it is a list of trial dates typically set at a pre-trial conference

Ended Docket

the archives - list of dismissed cases indexed by last name of the parties

General District Court

concurrent JDX from $0-50,00 and exclusive OG JDX from $0-4500, and not a court of record but can appeal as of right to to the CC

Juvenile and Domestic Relations Court

JDX over anything with a juvenile, can consent with emergency med care if parent withholds, and holds concurrent JDX for divorce w/ children involved, also enforces Child Support

State Corporation Commission

regulates corporations, utilities, and railroads, has three commissioners and is a court of record - appeal to SCOVA as of right

Worker's Compensation Commission

statutory created, no fault, no punitive damages, and set payouts - three judges and multiple hearing officers, also a court of record - appeals to COAVA

Judicial Council of VA

advises SCOVA on function of judiciary - includes judges, lawyers, and GA

Judges

appointed by both houses of GA and commissioned by GOV for term of set years, have to retire at 70

In Personam JDX

Court has power over the person and can give broadest remedy - obtained by personal service

In Rem JDX

JDX over only the property, with remedy limited to finding ownership, most commonly found in probate

Quasi in Rem JDX

used for in personam claim where court cannot obtain JDX, and JDX up to the amount of seized property - not res judicial b/c not total satisfaction of the claim

General Appearance

party accepts and acknowledges JDX - pleading to merits, etc - waives service and notice requirements, also any errors in service

Specific Appearance

coming to the court only to object to ct JDX

Limited appearance

appearances for in rem or quasi in rem - limited to amount of property

one year

how long do you have to serve process after filing complaint

any disinterested party over 18 years old

who can serve process

sheriff or deputy in his bailwick

who can serve process for a fee

curing statute

8.01-288 - if process gets to D, it is OK - not applicable to divorce

PS of resident Adult

service delivered to person, home, nailed on home

door service

nailing service to door - but P must also mail copy to D 10 days before Def J

PS of non-resident adult

served under VA's long-arm statute only (in personam)

PS of non-resident motorist

either under long-arm or serve on the DMV

PS of disabled person

deliver service to guardian or fiduciary, or move court to appoint GAL

PS of Prisoner

deliver to himself or person in charge of facility

PS of resident Corp

deliver to officer, director, RA, trustee, or receiver if needed

PS of non-resident corp

deliver to RA at registered office, and serve under LAS

PS of Partnership

deliver to partner - not for limited partnerships, and no substituted service on a family member, or do it appropriate for corp

PS of Unincorporated Association

deliver to officer, trustee, director, staff, or other agent

PS of Govt Body

deliver to city A, NOT the CA, or person in charge of the office

Long-Arm statute

applies to non-resident persons, businesses, or absconded VAs - cannot add counts not under this to complaint

LAS Application to D

tortfeasors, real estate owners, business doers, or contracts in VA, and meets DPC requirements

Filing under LAS

file paperwork to Sec of Comm - can be mailed, and sec mails to D address given by P - sec then files return with clerk giving date of service

LAS for absconded VA

must include cert of due diligence, showing attempt to serve in VA

Out of State Delivery

8.01-320, allows private process server to serve process anywhere in US as long as there is minimum contacts

Service by Publication

only allows in-rem idx, so used in probate and partitions, but by publishing in newspaper for 4 weeks, posting on court door, and mails to D first class

Pre-judgment attachment

only establishes in-rem or quasi in-rem but P moves for writ of attachment over D property and sheriff executes

Hague Service Convention

need process, translation, request of service, and blank return of service, cannot mail, but serve thru long arm or private process server on central authority in specific country

exempt from service

parties in court and traveling to court for lawsuit, witnesses in criminal trials, and victims of fraud lured into VA

acceptance of process

signing process, need oath for divorce

return of process

provides P with proof of service, including date, time and manner of service - notarized if private process server

objection to service of process

motion in abatement (or demurrer) on special appearance

Venue

not JDX question for most civil cases under 8.01-258 b/c it can be waived

Preferred Venue

where land is located, where private party in admin cases - party entitled to preferred venue

General Venue

focused on where D resides, works, regularly does things, or has property - broad and general

Motion to Transfer Venue

cures incorrect venue - cannot be done twice

forum non conveniens

8.01-257 - challenging venue based on convenience (including parties and witness) but must show good cause

Unborn persons

at CL, not alive - applies to tort, only has rights unvested in property

Infants

under disability, anyone under 18 and requires GAL if D, sue by next friend if P

Incompetent persons

must be repped by competent person - guardian or conservator

Intervention

anyone can petition the court to intervene if their claim relates to OG action - must join as Co-D or Co- P

Speaking Demurrer

goes beyond record by adding facts - will be stricken

Traverse

when denying allegation specifically - in answer

must be plead in answer

authenticity of signature, ownership of property, existence of partnership or corporation