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19 Cards in this Set

  • Front
  • Back
Notice of removal
o Must be filed w/i 30 days of D receiving process

o No more than 30 days after case becomes removable

o However, if the case is based on diversity of citizenship, not more than 1 year after claim is brought in state court
Motion to dismiss for lack of subject matter jurisdiction
May be raised at any time (even on appeal)
Motion to dismiss for lack of jurisdiction over the person
Must be raised in first responsive pleading / motion

If not, it is waived
Motion to dismiss for improper venue
Must be raised in first responsive pleading / motion

If not, it is waived
Motion to dismiss for insufficiency of service of process
Must be raised in first responsive pleading / motion

If not, it is waived
Motion to dismiss for failure to state a claim upon which relief can be granted
May be raised anytime before / at trial
Motion to dismiss for failure to join an indispensable party
May be raised anytime before / at trial
Compulsory counterclaim
Must be pleaded as counterclaim or will be thereafter barred

Arises out of the same transaction or occurrence as the original claim

Must share a common nucleus of operative fact so as to be considered a single case / controversy

Need NOT meet jurisdictional amount

NOTE: There are NO compulsory counterclaims in VA!!!
Pleadings
Must be filed w/i 20 days of service of process

May be amended once before responsive pleading is served
Discovery
May begin after initial pre-trial conference (not until then)
Interrogatories
Must be reponded / objected to w/i 30 days

If not, it is waived
Request for admission
Must be responded to w/i 30 days

Deemed admitted if not objected to
Motion for summary judgment
P must wait 20 days after serving process before filing

D need not wait (can file when served)
Motion for judgment as a matter of law
Must be filed at close of evidence / before submitting case to the jury
Renewed motion for judgment as a matter of law
Must be filed w/i 10 days of date judgment is entered
Motion for new trial
Must be filed w/i 10 days of date judgment is entered
Motion to set aside final judgment
Must be raised w/i 1 year of judgment
Right to jury trial
Must be demanded w/i 10 days of last pleading filed by either party or w/i 10 days of when jury triable issue arises

If removed, w/i 10 days of removal
Notice of appeal
Must be filed w/i 30 days from date of entry of trial court's order