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36 Cards in this Set
- Front
- Back
How long for a defendant to remove to Federal Court?
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30 days after receipt of complaint, or 30 days after amended pleading which allows for removal, but no more than 1 year after original filing
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How long for a plaintiff to remand to state court?
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30 days from removal for technical defect, though if no SMJ, court may remand sua sponte
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How long to respond to service of process in Fed Ct?
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20 days (if no request for waiver) -- if waiver requested and complied with, 30 days
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How long after a rule 12 motion does the defendant have to file an answer?
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10 days
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What if a defendant has filed an answer without raising rule 12 defenses (and had never filed a rule 12 motion?
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20 days fr amendment "of right" (rule 15)
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How long to demand a jury in Fed Ct?
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10 days after the last pleading (usually the answer)
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How long to disclose expert witnesses? (Fed Ct)
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90 days
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How long for witness list? (Fed Ct)
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30 days
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How many justices on the SCV?
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7
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What is the term of a SC judge?
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12 years
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Number of judges on CAV?
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11
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Appellate Ct judge term length?
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8 years
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Number of circuits in VA?
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31
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Petit Larceny SOL
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5 years
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Attempt to Produce Abortion
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2 years
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False statement to obtain umemployment benefits
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3 years
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Dumping Toxic Waste
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3 years
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Malfeasance in Office (nonfelonious)
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2 years
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How many jurors on a regular grand jury? (hint: a range)
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5-7
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How many jurors on a special grand jury?
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7-11
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When must a motion to transfer be brought (VA)?
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GDC--On or before trial date
CC--21 days of service |
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How long after receiving service to file a responsive pleading?
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21 days after receipt of service--or if processed was waived, 30 days
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What motions may/may not shut down the 21 day clock responsive pleading clock?
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Motion craving oyer
Motion to object to venue |
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When must a counterclaim be filed?
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21 days of service unless extra time granted by court
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How long does a P have to respond to counterclaim?
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21 days
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How long for D to bring in 3rd Party?
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Must file 3rd part complaint within 21 days of first responsive pleading, or with leave of court
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How long to intervene?
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Petition for leave to intervene (no time limit)
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What happens to 3rd party claims if suit is brought within 30 days of running of S/L?
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S/L is tolled as to such new party for 60 days after expiration of the applicable S/L
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What are restrictions on date of start of trial in GDC?
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No trial within 5 days of process unless consent of all parties
In unlawful Detainer, complaint must be served at least 10 days before return date |
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How long to request medical malpractice review panel?
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30 days from defendant's responsive pleading
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What is the cap on Med Mal?
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$1.925 million
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How many jurors in CC for a civil trial?
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<$15K--5
>$15K--7 by consent of parties--3 |
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How long to demand jury in VA?
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10 days from service of last pleading
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How long for Bill of Review in Equity?
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6 months from final judgment
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How long must the plaintiff wait after written demand to initiate unlawful detainer?
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5 days
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With respect to time, what does filing with the TC entail? What does filing with the appellate court entail?
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TC--physically in custody
AC--registered or certified mail within the time period |