VA Bar Civil Procedure 1 — Questions and Answers
Question 1: What is the minimum amount in controversy required for original jurisdiction in Virginia circuit courts over civil claims?
- Claims exceeding $4,500
- Claims exceeding $25,000 (Correct answer)
- Claims exceeding $10,000
- Claims exceeding $50,000
Correct 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.
Question 2: Under Virginia's long-arm statute (Va. Code § 8.01-328.1), a Virginia court may exercise personal jurisdiction over a nonresident defendant who:
- Once visited Virginia as a tourist
- Has family members who are Virginia residents
- Transacts business in Virginia or causes tortious injury in Virginia (Correct answer)
- Advertises nationally, including in Virginia publications
Correct 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.
Question 3: Under Virginia's venue rules, a civil plaintiff may properly file suit in the county or city where:
- The plaintiff resides
- The defendant resides, has a principal office, or where the cause of action arose (Correct answer)
- The plaintiff's attorney maintains an office
- The majority of witnesses reside
Correct 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.
Question 4: 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?
- 14 days
- 21 days (Correct answer)
- 28 days
- 30 days
Correct 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.
Question 5: Under Va. Code § 8.01-380, a Virginia plaintiff may take a nonsuit as a matter of right (without leave of court) until:
- Any time, even after the jury returns a verdict
- Only within 30 days of filing the complaint
- Before the jury retires to deliberate or before the judge renders a decision in a bench trial (Correct answer)
- Only with the defendant's consent after an answer is filed
Correct 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.
Question 6: Which method constitutes valid substituted service of process on an individual defendant in Virginia under Va. Code § 8.01-296?
- Email service with a read-receipt confirmation
- Posting on the front door of the defendant's usual place of abode and mailing a copy by first-class mail to that address (Correct answer)
- Social media message with prior court approval
- Leaving a copy with any adult present at the defendant's last known address
Correct 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.
Question 7: Under Va. Code § 8.01-243, the statute of limitations for a personal injury action in Virginia is:
- 1 year from the date of injury
- 2 years from the date of injury (Correct answer)
- 3 years from the date of injury
- 5 years from the date of injury
Correct 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.
VA Bar Civil Procedure 1
What is the minimum amount in controversy required for original jurisdiction in Virginia circuit courts over civil claims?