Virginia Civil Procedure Timing

Front 1

When must an appeal from a GDC final judgment to the circuit court be noted?

Back 1

Within 10 days of entry.

Front 2

When must a plaintiff appealing a GDC final judgment pay the writ tax and circuit court costs?

Back 2

Within 30 days of entry of final judgment.

Front 3

When must a party seek rehearing in GDC?

Back 3

Within 30 days of date of judgment. The judge must rule on the motion within 45 days of the date of judgment.

Front 4

When must a motion to transfer for want of a proper venue be made in GDC?

Back 4

On or before the trial date.

Front 5

When a must a motion to transfer for want of proper venue be made in CC?

Back 5

Within 21 days of service on defendant (unless judge extends time period).

Front 6

If service is effected by posting, what must a plaintiff do to obtain a default judgment?

Back 6

Certify to the court that a copy of the process was mailed to D at least 10 days prior to entry of default judgment.

Front 7

What is the effective date of the service of process on a statutory agent?

Back 7

The date the clerk of the court in which the matter is pending receives the certification of compliance.

Front 8

What are the elements of notice of a negligence claim against a local government?

Back 8

Within six months of injury, the claimant must file with the county/city/town attorney or chief executive a statement containing (1) the nature of the claim; (2) the time of the injury; and (3) the place where the injury is alleged to have occurred.

Front 9

What is the time period for appealing to the circuit court the board of supervisors' denial of a claim against a county?

Back 9

30 days

Front 10

What are the relevant time periods for suing under the Virginia Tort Claims Act?

Back 10

1. Notice must be served on either the Attorney General or Director of the Division of Risk Management within one year of the injury.
2. Suit cannot be filed prior to the earlier of the claim being denied by the Commonwealth or six months after giving notice, but no later than 18 months after giving notice.

Front 11

What are the time limitations on pecuniary claims against the Commonwealth?

Back 11

1. Claim must be presented to relevant agency head (or Comptroller) within five years of accrual
2. Suit must be filed within three years of disallowance of claim by Commonwealth

Front 12

When must a plaintiff effect service after filing a complaint in order to avoid dismissal with prejudice?

Back 12

One year of filing the complaint (unless plaintiff used due diligence to effect service)

Front 13

When must a responsive pleading be filed in CC?

Back 13

Like federal court, within 21 days of service of the complaint.

Front 14

When must a party file a reply to a responsive pleading?

Back 14

Within 21 days of receipt of the filing of the answer (only if the defendant specifically requests it).

Front 15

When and against whom must a defendant file a counterclaim in CC?

Back 15

Within 21 days of service of the complaint and it must be against ALL PLAINTIFFS or against none.

Front 16

When must a plaintiff respond to a counterclaim?

Back 16

Within 21 days or service.

Front 17

When must a defendant assert a cross-claim in CC?

Back 17

Within 21 days of service of the complaint.

Front 18

When must a co-defendant respond to a cross-claim?

Back 18

Within 21 days of service

Front 19

When may a party file a cross- or counterclaim in GDC?

Back 19

Any time before trial.

Front 20

When must a party file a third-party complaint in CC?

Back 20

No later than 21 days after filing his initial responsive pleadings.

Front 21

When must a party file a third-party complaint in GDC?

Back 21

The EARLIER of ten days after service on the defendant or before the trial date.

Front 22

By when must a party entitled to have a pleading filed under oath object to the failure to do so?

Back 22

Within 7 days of the filing.

Front 23

What is the SOL period for personal injury claims?

Back 23

2 years, whether sounding in tort or contract. (EXCEPTION: if personal injury arises from sexual abuse during infancy or other incapacity, SOL is 20 years).

Front 24

What is SOL period for tortious injury to property?

Back 24

5 years

Front 25

What is SOL period for parent's claim for injuries to, or loss of services of, an infant?

Back 25

5 years

Front 26

What is the SOL period for fraud claims?

Back 26

1. For money damages, 2 years
2. For equitable relief, laches (unless period is set in contract)

Front 27

What is SOL period for written contract not for sale of goods (non-UCC contract)?

Back 27

5 years

Front 28

What is SOL period for oral contract, express or implied, not for the sale of goods?

Back 28

3 years

Front 29

What is SOL period settlement of partnership accounts?

Back 29

5 years after cessation of dealings

Front 30

What is SOL period for actions on the bond of a fiduciary?

Back 30

10 years

Front 31

What is SOL period for contract governed by the law of another state?

Back 31

The shorter of Virgina's SOL and that state's SOL.

Front 32

What is SOL period for contract for sale of goods governed by UCC?

Back 32

Default is 4, but parties may contract for no lower than 1 (may not exceed 4)

Front 33

What is SOL period for wrongful death action?

Back 33

2 years

Front 34

What is SOL period for action on a note (negotiable or non-negotiable)?

Back 34

6 years (for demand notes that's 6 years after demand is made; if no demand made for 10 years after failure to pay interest or principal, claim is time barred)

Front 35

What is SOL period for defamation (slander and libel)?

Back 35

1 year

Front 36

What is SOL period for all other personal actions?

Back 36

2 years

Front 37

When is a person "performing or furnishing the design, planning, surveying, etc. of improvements to real estate" given repose from suits for property damage, personal injury, or wrongful death arising from those improvements?

Back 37

5 years after the furnishing of those services (i.e., when the services are completed)

Front 38

What is the SOL period for a products liability action?

Back 38

Depends on the injury; for each injury suffered, the appropriate SOL applies.

Front 39

What is the SOL period for a malpractice claim?

Back 39

Treated as a contract claim, so 5 years if written, 3 if oral.

Front 40

What is the SOL period for a deed of trust or mortgage?

Back 40

1. If the date of final payment can be adduced from the face of the security instrument, 10 years.
2. If the date of final payment cannot be adduced from the face of the security instrument, 20 years.

3. Credit line deed of trust, 40 years.

Front 41

What is the SOL period for enforcing judgments?

Back 41

1. 20 years from date of judgment for CC judgments
2. 10 years from date of judgment for GDC judgments

Front 42

What is the SOL period for an ejectment action (i.e., to resist a trespass)?

Back 42

15 years (adverse possession period)

Front 43

What is the SOL period for an easement by prescription?

Back 43

20 years (adverse possession equivalent for easements)

Front 44

What is SOL period for detinue?

Back 44

Depends on theory of claim. If right to property arises under contract, 3-5 years. If under tort, 5 years.

Front 45

What is SOL period for fraudulent conveyance?

Back 45

Equitable claim, so laches.

Front 46

What is SOL period for voluntary conveyance?

Back 46

Five years from recordation of deed (if not recorded, when it was or should have been discovered).

Front 47

What is SOL period for enforcing a testamentary charge on land?

Back 47

Twenty years from the date that the bequest was made payable under the will (date of death unless otherwise specified).

Front 48

What are the exceptions to the ordinary accrual rule for personal injuries arising from medical malpractice?

Back 48

1. Where foreign object lacking in therapeutic or diagnostic effect is left in body by physician, two-year SOL period begins ONE YEAR after object was, or should have been, discovered.
2. Where fraud, concealment, or intentional misrepresentation prevents discovery of injury within two year period, SOL period begins ONE YEAR after object was, or should have been, discovered.
3. For claims of negligent failure to diagnose cancer, two year SOL period begins ONE YEAR after proper diagnosis is communicated to the plaintiff BY A HEALTHCARE PROVIDER.
NB: The above exceptions are all subject to a ten-year limitation from the date of the conduct giving rise to the cause of action.

Front 49

What is the continuing treatment rule?

Back 49

SOL period on cause of action for personal injury from negligent treatment will not begin to run until the doctor-patient relationship AS TO THAT PARTICULAR CONDITION ceases to exist.

Front 50

When does the SOL period begin for personal injuries arising from asbestos exposure?

Back 50

When the diagnosis of asbestos-exposure illness is communicated to the patient by a physician. (DOES NOT APPLY TO OTHER TOXIC TORTS!!!!)

Front 51

What does 20-year SOL period for sexual abuse during infancy or incapacity start to run?

Back 51

1. If injury is known by injured person, then on the date the disability is removed
2. If injury is not known when disability is removed, then on date causal connection is first communicated by a licensed physician, psychologist, or clinical psychologist.

Front 52

When does 2-year SOL period for personal injuries begin to run against manufacturer of a faulty breast-augmentation or reconstruction device?

Back 52

When causal connection between implantation and injury is first communicated by a physician

Front 53

On breach of contracts not governed by the UCC, when does period start to run?

Back 53

When breach occurs (even if injury is not yet known)

Front 54

When does clock start to run on injury to property claims?

Back 54

Accrual (when harm occurs)

Front 55

When does clock start to run on UCC contracts?

Back 55

When breach occurs, but if claim is based on breach of warranty, then when tender of delivery is made

Front 56

When does clock start to run for a contract that contemplates a course of dealing over time over the same subject matter?

Back 56

Like the continuing treatment doctrine, the SOL period will not run until the relationship for that particular contract ends/ceases

Front 57

When does the SOL period for a fraud claim begin to run?

Back 57

DISCOVERY

Front 58

When does the SOL period begin to run on a claim for deposit from a bank?

Back 58

When payment is demanded by the depositor

Front 59

When does the SOL period on claims for contribution or indemnification begin to run?

Back 59

When the party entitled to bring the action has paid or discharged the obligation.

Front 60

For open credit accounts, when does the SOL period begin to run for failure to pay?

Back 60

It restarts for each payment or charge for goods or services on the account.

Front 61

When does the SOL period begin to run for the torts of malicious prosecution or abuse of process?

Back 61

When the relevant legal action is terminated

Front 62

When does the 1-year period for the defamation torts begin to run?

Back 62

When the claim accrues.

Front 63

What affect of infancy or incapacity on the SOL?

Back 63

1. If either exist at time claim accrues, SOL is tolled until disability is removed (except for med mal claims, which must be brought within two years unless minor is under eight, in which case SOL is tolled until tenth birthday)
2. If minor becomes entitled to bring a cause of action, the period of his minority does not count toward SOL
3. If person entitled to bring cause of action become incapacitated, the SOL is tolled for period of incapacity unless fiduciary is appointed for him, in which case cause of action must be brought within the longer of 1 year of fiduciary's qualification or the end of the normal SOL period

Front 64

What effect of death of plaintiff (person entitled to maintain action) on SOL?

Back 64

Irrespective of whether C/A accrued before or after death, survivor or decedent's estate may bring suit within the longer of the original SOL period or one year after qualification of estate

Front 65

What effect death of defendant (person against whom action may be brought) on SOL?

Back 65

1. If C/A accrued prior to death, plaintiff may bring suit against decedent's personal representative within longer of normal SOL period or one year after qualification of estate.
2. If C/A accrued after death, plaintiff may bring suit against decedent's personal representative within longer of normal SOL period or two years after qualification of estate (if no qualification after two years, law assumes that qualification took place two years after date of death)

Front 66

What effect an injunction on SOL?

Back 66

Tolls SOL during period of injunction

Front 67

What effect obstruction by defendant on SOL?

Back 67

If D undertook an (1) affirmative act (2) directly or indirectly (3) intended to obstruct the plaintiff's right to file an action, SOL tolled

Front 68

What effect on SOL of pendency of an action preceding a dismissal without prejudice?

Back 68

SOL tolled

Front 69

What effect criminal proceedings on SOL where criminal defendant is also civil defendant?

Back 69

1. Arrest tolls SOL until termination of final appeal
2. If no suit is filed and the SOL expires prior to an arrest being made, SOL extended for one year after termination of criminal proceedings, so long as suit is brought within ten years of occurrence of crime

Front 70

What effect on SOL period a new promise to pay an existing contract claim?

Back 70

New SOL period on that promise

Front 71

What effect promise not to plead SOL against plaintiff?

Back 71

Promise will be enforced if either (1) failure to enforce would operate as fraud on the promisee (which only occurs where promise is accompanied by a misrepresentation of existing fact); or (2) a written promise (i) made to avoid or defer litigation pending settlement; (ii) promise not made contemporaneously with any other contract (i.e. made during settlement); (iii) promise is made for a period longer than applicable SOL period

Front 72

Does the filing of a claim toll the SOL period for a counterclaim or cross-claim?

Back 72

1. For counterclaims and cross-claims arising from same conduct, transaction, or occurrence as original complaint, then filing of complaint tolls SOL (relation back)
2. For unrelated counterclaims or cross-claims, original complaint does not toll

Front 73

When must a party answer interrogatories, requests for production of documents, and requests for admissions?

Back 73

Within 21 days of service.

Front 74

By when must a written jury demand be made?

Back 74

No later than 10 days after service of the last pleading directed to the issue (the answer).

Front 75

When must a party object to the findings of a Commissioner in Chancery?

Back 75

Within 10 days of the filing of the Commissioner's report.

Front 76

When may a party refile a suit after a nonsuit?

Back 76

Within the longer of the original SOL period for the claim or six months of the date of entry of the nonsuit order (unless the parties have contracted for a specific SOL period, in which case the six month period does not apply).

Front 77

For how long does a court which issues a final order retain the power to vacate, modify, or suspend that order?

Back 77

Rule 1:1: 21 days after entry of the final order

Front 78

What are the exceptions to Rule 1:1's 21-day rule?

Back 78

1. If default judgment entered, court may grant relief to defendant beyond 21 day period if (1) fraud on court (two-year SOL period); (2) void judgment; (3) accord and satisfaction; or (4) defendant was on active duty in the military
2. Clerical errors (e.g., typos)
3. If (1) party not in default (2) was not notified of entry of final order, (3) which failure was not caused by the party's failure to exercise due diligence; and (4) failure of notice denied party opportunity to pursue post-trial relief or an appeal, trial court may, within 60 days of entry of final order, (i) modify, vacate, or suspend the order or (ii) grant leave to appeal
4. In equity, judge may grant bill of review for (1) errors of law apparent on the face of the record (no leave of court needed to file) or (2) newly discovered evidence (leave of court needed to file) if such bill is filed within 6 months of entry of final order (use rehearing if no final order yet)

Front 79

By when must a party file for vacatur or modification of an arbitration award?

Back 79

90 days after delivery of the award to the aggrieved party

Front 80

What is the SOL period for a distress action in GDC?

Back 80

5 years

Front 81

What is SOL period for wrongful death actions?

Back 81

2 years from date of death

Front 82

When and where must a notice of appeal of a circuit court order be filed?

Back 82

In the circuit court clerk's office within 30 days of entry of order.

Front 83

What is the statue of limitations for injury or damage to property?

Back 83

5 years; applies to Commonwealth.

Front 84

What is the statute of limitations for unlawful detainer?

Back 84

3 years