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36 Cards in this Set

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