Civil Procedure Flashcards

What is the minimum amount in controversy required for original jurisdiction in Virginia circuit courts over civil claims?

Answer: Claims exceeding $25,000

Virginia circuit courts have original jurisdiction over civil cases where the amount in controversy exceeds $25,000; general district courts handle cases up to $25,000.

Under Virginia's long-arm statute (Va. Code § 8.01-328.1), a Virginia court may exercise personal jurisdiction over a nonresident defendant who:

Answer: Transacts business in Virginia or causes tortious injury in Virginia

Virginia's long-arm statute confers jurisdiction over nonresidents who transact business, contract to supply services, or cause tortious injury in Virginia, among other enumerated contacts.

Under Virginia's venue rules, a civil plaintiff may properly file suit in the county or city where:

Answer: The defendant resides, has a principal office, or where the cause of action arose

Virginia venue rules generally allow suit where the defendant resides, has its principal office, or where the cause of action or any part thereof arose.

Under Virginia Supreme Court Rule 3:8, a defendant must file an answer or other responsive pleading within how many days after service of process?

Answer: 21 days

Virginia Rule 3:8 requires a defendant to file an answer or other responsive pleading within 21 days after service of process in circuit court civil cases.

Under Va. Code § 8.01-380, a Virginia plaintiff may take a nonsuit as a matter of right (without leave of court) until:

Answer: Before the jury retires to deliberate or before the judge renders a decision in a bench trial

Under Va. Code § 8.01-380, a plaintiff may take one nonsuit as a matter of right before the jury retires or before the judge acts in a bench trial; subsequent nonsuits require court approval.

Which method constitutes valid substituted service of process on an individual defendant in Virginia under Va. Code § 8.01-296?

Answer: Posting on the front door of the defendant's usual place of abode and mailing a copy by first-class mail to that address

Virginia allows substituted service by posting on the front door of the defendant's usual place of abode and simultaneously mailing a copy by first-class mail to the same address.

Under Va. Code § 8.01-243, the statute of limitations for a personal injury action in Virginia is:

Answer: 2 years from the date of injury

Under Va. Code § 8.01-243(A), actions for personal injuries must be brought within 2 years from the date the cause of action accrues.