Virginia Jargon

Front 1

Abatement

Back 1

Ending of a suit.
-So-called "pleas in abatement" are not recognized any more, but they could ask you whether the action will "be abated" if a motion is granted for a venue defect (answer: no, it will be transferred, not ended)

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Ad Damnum

Back 2

The portion of plaintiff's pleading which specifies the amount of money the suit seeks.

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Bailiwick

Back 3

The territory in which a sheriff has jurisdiction; usually, a city or county.

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Bill of Particulars

Back 4

In most states, a criminal discovery device. In VA it's available on the civil side too, in actions at law only.
You move to have the court require a the plaintiff to spell out more particularly what the motion for judgment is trying to allege. (Like a federal motion for a more definite statement)

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Chancery

Back 5

The old name for the equity side of circuit court. The "chancellor" is the circuit court judge when hearing an equitable claim, and particularly when presiding at a bench trial

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Commissioner

Back 6

Usually a lawyer appointed by the court in an equity suit to hear evidence and make report recommending how the court should rule.
This happens in domestic relations cases, real property cases such as easement disputes, and other chancery causes of action. Sometimes a "special commissioner" is appointed to do some act the court requires, such as to convey title, when the parties refuse but the court insists.

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Committee

Back 7

One form of guardian appointed for a person under a disability (e.g. mental cases and convicts). Despite the nomenclature, it's usually an individual.

Front 8

Demurrer

Back 8

The pleading that works in Virginia like a motion to dismiss -- it challenges the face of the bill of complaint/motion for judgment and says: if we tales all these averments as true, does the plaintiff have a viable claim here?

Front 9

Detinue

Back 9

The civil action in VA to seek recovery of personal property. Remember: don't use replevin in VA.

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68 / 17

Back 10

4

Front 11

Ejectment

Back 11

This is the form of lawsuit used when you wish to assert title to real property. "An action for ejectment"

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Execution

Back 12

Enforcement of judgments and liens.

Front 13

Fieri Facias

Back 13

Known to the bar as Fi Fa. This is the name of the writ directing the sheriff to execute on a judgment or lien

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Issue out of chancery

Back 14

A factual question arising in an equity case (where there is normally no jury) for which the chancellor (judge) elects to empanel an advisory jury.

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Laches

Back 15

There is no "statute of limitations" for equitable claims, but the doctrine of laches is recognized defense in equity, asking the chancellor to deem a claim barred by unjustified delay in assertion which prejudiced the defendant's ability to defend (e.g. a witness died meantime)

Front 16

Lis Pendens

Back 16

As in: "a notice of lis pendens," being notice that a suit is pending which may affect real property (title, liens, etc.), usually docketed with the clerk of the city or county where property is located.

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Motion of Judgment

Back 17

The old name the complaint in a civil action at law

Front 18

Next Friend

Back 18

A competant adult who files suit on behalf of a minor or disabled person (no appointment by the court is necessary)

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Nonsuit

Back 19

The only acceptable term in VA to describe the plaintiff's voluntary discontinuance of a lawsuit

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Nuisance

Back 20

Tort action for anything that interferes with with an owner/occupier of land's enjoyment of a premises.

Front 21

Nunc pro tunc

Back 21

Do it now, as though it was done before. As in, retroactively modifying a payment schedule

Front 22

Ore Tenus

Back 22

Taken Orally. As in, the court heard the evidence ore tenus, meaning it heard live witnesses as opposed to receiving affidavits or depositions.

Front 23

Plea in Equity

Back 23

A single, dispositive factual proposition asserted as a plea in bar in an equity proceeding (that is, as a defense that obviates the claim), as to which there is a right by statute in VA for empanelling a jury even though the case is in equity, and the jury's verdict on a plea in equity is binding.

Front 24

Praecipe

Back 24

A notice document in VA procedure, served on adversaries and filed, to announce readiness for a proceeding, or notify adversaries of a court date.
It's really a noun, "file a praecipe."

Front 25

Prohibition

Back 25

As in, a writ of prohibition.
This is the writ one seeks if the goal is to order a lower ranking judge to stop doing something that is beyond statutory powers.

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Quo Warranto

Back 26

Surely they would not give you this? This is a kind of claim, an action for a legal writ, which challenges the power of a public officer to do whatever is being done.

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Subpoena Duces Tecum

Back 27

The subpoena to call for production of records by a third-party (not subject to discovery rules). In general district court, where discovery is not generally available, one can still seek a subpoena duces tecum.

Front 28

Writ of Possession

Back 28

The order authorizing a landlord to re-take possession of the premises

Front 29

Writ of possession

Back 29

The order authorizing a landlord to re-take possession of the premises

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Writ Tax

Back 30

One of the fees collected when you commence a lawsuit in VA. The other is a filing fee

Front 31

Wrongful Death

Back 31

The statutory cause of death at law for negligence torts resulting in death of the victim, maintained on behalf of proscribed beneficiaries.

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Wrongful Detainer

Back 32

The civil action to oust a tenant of possession of leased premises (e.g., for non-payment of rent or expiration of the lease).