Bryson on Virginia Civil Procedure

CHAPTER 1 EXTRA-JUDICIAL PROCEDURES
1.01 GENERALLY
1.02 SELF HELP
[1] Generally
[2] Repossession
[3] Deed of Trust Sale
[4] Storage Liens
[5] Removal of Nuisance
[6] Distress
[a] DISTRESS FOR RENT
[b] DISTRESS FOR ANIMALS DAMAGE FEASANT
[7] Limitations on Self Help
1.03 JOINT ACTION OF BOTH PARTIES
[1] Confession of Judgment
[2] Settlements Out of Court
[a] GENERALLY
[b] STRUCTURED SETTLEMENTS
[c] RESULTS OF SETTLEMENTS
[i] Releases of Claims
[ii] Covenants Not To Sue
[iii] Dismissed Agreed (Retraxit)
[iv] Nonsuits of Actions
[v] Consent Decrees
[vi] Confessions of Judgment
[vii] Accord and Satisfaction
[viii] Enforcement of Accords
[3] Mediation
[4] Arbitration and Award
[a] GENERALLY
[b] CONTRACTS TO ARBITRATE
[c] ARBITRATORS
[d] ARBITRATION PROCEEDINGS
[e] AWARDS
[5] Assignments for the Benefit of Creditors
EXCURSUS ON TIME LIMITS
GENERAL TIME LIMITS
EXTENSION OF TIME LIMITS

CHAPTER 2 POTENTIAL JURISDICTION
2.01 JUDGES
2.02 SUBJECT MATTER JURISDICTION
[1] Common Law
[a] Generally
[b] Governmental Prerogative
[c] Statute Law
[2] Equity
[a] ENGLISH ANTECEDENTS TO MODERN EQUITY PRACTICE
[b] EQUITY IN VIRGINIA
[c] SOME GENERAL CONSIDERATIONS
[3] Divorce and Annulment
[4] Probate of Wills
[5] Maritime Law
2.03 COURTS
[1] Generally
[2] Supreme Court
[3] Court of Appeals
[4] Circuit Courts
[a] GENERALLY
[b] APPEALS FROM DISTRICT COURTS
[c] REVIEW OF ADMINISTRATIVE RULINGS
[i] From Which Agencies
[ii] Procedure for Appeal
[iii] Scope of Review
[5] General District Courts
[6] Juvenile and Domestic Relations District Courts
[7] State Corporation Commission
[8] Workers' Compensation Commission
2.04 OBJECTIONS TO POTENTIAL JURISDICTION

CHAPTER 3 ACTIVE JURISDICTION
3.01 PROCESS
[1] Generally
[2] Issuance
[3] Service of Process
[a] BY WHOM SERVED
[b] WHEN SERVED
[c] WHERE SERVED
[d] METHOD OF SERVICE
[i] Generally
[ii] Personal Service
[A] Generally
[B] Normal, resident adults
[C] Prisoners
[D] Domestic corporations
[E] Governmental bodies
[F] Foreign corporations
[G] Partnerships
[H] Unincorporated associations
[I] Nonresidents
[J] Persons under a disability
[K] The Curing Statute
[iii] Service by Publication
[A] Generally
[B] Availability
[C] Order of publication
[D] Method of publication
[iv] Out-of-state Delivery
[v] Service Under the Hague Service Convention
[vi] Pre-judgment Attachment and Garnishment
[4] Acceptance of Process
[5] Persons Exempt from Process
[6] Return of Process
[7] Objections to Process
3.02 TYPES OF ACTIVE JURISDICTION
[1] In Personam
[2] In Rem
[3] Quasi in Rem
3.03 APPEARANCES
[1] General Appearances
[2] Special Appearances
[3] Limited Appearances

CHAPTER 4 VENUE
4.01 PREFERRED VENUE
4.02 PERMISSIBLE VENUE
4.03 VENUE IN MISCELLANEOUS CASES
4.04 WRONG VENUE
[1] Objections
[2] Cured
4.05 CONVENIENT VENUE (FORUM NON CONVENIENS)
4.06 MULTIPLE PARTIES
4.07 FORUM SELECTION CLAUSES

CHAPTER 5 PARTIES
5.01 MISNOMER
5.02 COMPETENCY
[1] Generally
[2] Unborn Persons
[3] Dead Persons (Executors and Administrators)
[4] Unknown Persons
[5] Persons Under a Disability
[a] INFANTS
[b] INCOMPETENT PERSONS
[c] CONVICTED FELONS
[d] MARRIED WOMEN
[6] Assignees
[7] Third-Party Beneficiaries
[8] Principals and Agents
[9] Fraudulent Transactions
[10] The State
[a] AS PLAINTIFF
[b] AS DEFENDANT
[11] Relators
[12] Receivers
[13] Unknown Uninsured Motorists
[14] Partnerships and Associations
[15] Joint Enterprises
[16] Subrogees
[17] Substitution (Revivor)
5.03 MULTIPLE PARTIES
[1] Nonjoinder
[a] NECESSARY, INDISPENSABLE, AND PROPER PARTIES
[i] Generally
[ii] Contracts Actions
[iii] Torts Actions
[b] OBJECTIONS AND CURE
[2] New Parties
[3] Impleader
[4] Interpleader
[5] Intervention
[6] Class Actions
[7] Misjoinder

CHAPTER 6 PLEADING
6.01 FILING OF PLEADINGS
6.02 COMPLAINTS
[1] GENERALLY
[2] THE ABOLITION OF THE FORMS OF ACTION WRITS
[3] FORM
[4] SUBSTANCE
[a] Cause of Action
[b] Joinder of Causes of Action
[c] Exhibits
[5] BILLS OF PARTICULARS
6.03 DEFENDANT'S PLEADINGS
[1] GENERALLY
[2] REQUESTS FOR BILLS OF PARTICULARS
[3] CRAVING OYER
[4] MOTIONS IN ABATEMENT
[a] Generally
[b] Timeliness
[c] Uses
[i] Formal Defects
[ii] Subject Matter Jurisdiction
[iii] Personal Jurisdiction
[iv] Venue
[v] Auter Action Pendant
[vi] Bankruptcy
[vii] Defect of Parties
[viii] Discontinuance
[5] DEMURRERS
[a] Form
[b] Scope
[c] Rulings Thereon
[6] PLEAS IN BAR
[7] DISCLAIMERS
[8] ANSWERS
[a] Generally
[b] Plaintiff's Default
[c] Lack of Obligation
[d] Adequacy of Common Law Remedy
[e] Fraud, Overreaching, Unclean Hands, Harshness, Unconscionability
[f] Duress
[g] Penalties and Forfeitures
[h] Lack of Consideration
[i] Mistake
[j] Accident
[k] Statutes of Limitations
[i] Generally
[ii] Nature of Limitations
[iii] Voluntary Periods
[iv] Pleading Limitations
[v] Accrual of Cause of Action
[vi] Tolling of Period
[vii] Sovereign Immunity
[viii] Generally
[l] Laches
[m] Balancing the Equities
6.04 PASSING THE BLAME TO OTHER PARTIES
[1] Generally
[2] Counterclaims
[2] Cross-Claims
[3] Impleader, Interpleader, New Parties
6.05 REPLIES AND ISSUE JOINED
6.06 DEFAULT JUDGMENT
6.07 SUMMARY JUDGMENT
6.08 EXCEPTIONS IN DIVORCE CASES
6.09 AMENDMENT OF PLEADINGS
[1] Generally
[2] As of Right
[3] When Refused
[4] Relation Back

CHAPTER 7 PRETRIAL PROTECTIONS
7.01 GENERALLY
7.02 PRE-JUDGMENT ATTACHMENT
7.03 DETINUE
7.04 DISTRESS FOR RENT
7.05 PRELIMINARY INJUNCTIONS
7.06 SPECIAL RECEIVERS
7.07 LIS PENDENS
7.08 MISCELLANEOUS

CHAPTER 8 TAKING EVIDENCE IN EQUITY
8.01 INTERROGATORIES TO PARTIES
8.02 DEPOSITIONS OF WITNESSES
8.03 EVIDENCE ORE TENUS
8.04 COMMISSIONERS IN CHANCERY
[1] Defined
[2] Duties
[3] Proceedings Upon a Reference
[4] Reports of Commissioners
8.05 ISSUES OUT OF CHANCERY AND JURIES
8.06 HEARINGS IN EQUITY

CHAPTER 9 DISCOVERY
9.01 GENERAL PURPOSES
9.02 GENERAL AVAILABILITY
9.03 SCOPE
9.04 PRIVILEGES AGAINST DISCOVERY
[1] Self-Incrimination
[2] Attorney's Work Product
[3] Attorney-Client
[4] Mediators
[5] Physician-Patient
[6] Priest-Penitent
[7] Husband-Wife
[8] Governmental Immunity (Freedom of Information)
[9] News Reporters
[10] Generally
9.05 DEPOSITIONS
[1] Availability
[a] GENERALLY
[b] SPECIFIC SITUATIONS
[c] FOREIGN DEPOSITIONS
[2] Timeliness
[3] Notice of Taking
[4] Before Whom Taken
[5] Compulsion to Appear
[6] Where Taken
[7] Formalities
[8] Examination
[a] Generally
[b] DIRECT EXAMINATION
[c] CROSS-EXAMINATION
[d] ANSWER AND PUBLICATION
[e] REEXAMINATION
[9] Objections
[a] TIMELINESS
[i] Generally
[ii] At the Taking of the Deposition
[iii] At the Trial
[iv] As Soon as Discovered
[b] PROTECTIVE ORDERS
[10] Use of Depositions
[a] AGAINST WHOM
[b] FOR EVIDENCE
[c] FOR DISCOVERY
[d] TO IMPEACH
[e] TO SUPPORT SUMMARY JUDGMENT
9.06 INTERROGATORIES
[1] Availability
[a] GENERALLY
[b] SPECIAL AGENCIES
[c] AFTER DECREES PRO CONFESSO
[d] AGAINST JUDGMENT DEBTORS
[2] Timeliness
[3] Objections to Interrogatories
[a] RULE 4:8(D)
[b] IN EQUITY
[4] Duty to Answer
[5] Objections to Answers
[6] Use of the Answer
9.07 REQUESTS FOR ADMISSION
9.08 PRODUCTION OF DOCUMENTS AND THINGS
[1] Production by Parties
[a] SCOPE
[b] PROCEDURE
[2] Production by Witnesses
9.09 MEDICAL EXAMINATIONS
[1] Generally
[2] Order for the Examination
[3] Report of the Examination
9.10 LIMITATIONS ON DISCOVERY
9.11 ENFORCEMENT OF DISCOVERY
9.12 APPEALABILITY OF DISCOVERY ORDERS

CHAPTER 10 PRETRIAL CONFERENCE

CHAPTER 11 TRIALS AT COMMON LAW
11.1 DOCKETS
[1] Current Dockets
[2] Trial Dockets
[3] Ended Dockets
11.02 DISCONTINUANCES
11.03 CONTINUANCES AND STAYS
11.04 IMPANELING THE JURY
[1] The Origin of the Jury
[2] Right to Trial by Jury
[3] Composition of the Jury
[4] Qualifications and Selection
[a] VENIREMEN
[b] VOIR DIRE
11.05 MOTIONS AT TRIAL
[1] General Course of the Trial
[2] Nonsuits
[a] DEFINED
[b] WHEN ALLOWED
[c] REFILING AFTER NONSUIT
[3] Mistrials
[4] Striking the Evidence
11.06 INSTRUCTIONS TO THE JURY
[1] Procedure
[2] Substance
11.07 ARGUMENT OF COUNSEL
11.08 VERDICTS
[1] Deliberations of the Jury
[2] General Verdicts
[3] Special Verdicts and Agreed Cases
11.09 MOTIONS AFTER VERDICT
[1] Motions to Set Aside the Verdict
[2] Motions for a New Trial
[3] Motions for Arrest of Judgment
[4] Motions for Judgment Non Obstante Veredicto
[5] Motions for Repleader
[6] Motions for a Venire Facias de Novo

CHAPTER 12 FINAL JUDGMENTS AND DECREES
12.01 GENERALLY
12.02 FORMALITIES
12.03 PROCEDURES
[1] Common Law
[a] DAMAGES
[b] POSSESSION
[2] Equity
[a] INJUNCTIONS
[b] DAMAGES
[c] ACCOUNTING
[d] JUDICIAL SALES
[e] PAYMENT OF DEBTS
[f] DECLARATION OF RIGHTS
[3] Election of Remedies
[4] Declaratory Judgments and Decrees
12.04 RES JUDICATA
12.05 ATTACKS ON JUDGMENTS
[1] Generally
[2] Motions to Set Aside the Judgment
[3] Petitions to Rehear
[a] TIMELINESS
[b] SCOPE
[c] AFTER DEFAULT JUDGMENT OR DECREE
[4] Bills of Review
[5] Writs of Error Coram Nobis
[6] Original Bills in Equity
12.06 STAYS PENDING APPEALS

CHAPTER 13 INTEREST
13.01 CONTRACTED FOR BY THE PARTIES
13.02 ON JUDGMENTS

CHAPTER 14 COSTS
14.01 ITEMS INCLUDED
[1] Appellate Brief and Appendix
[2] Witness Fees
[3] Taxes on Process
[4] Fees of Officers
[5] Orders of Publication
[6] Indemnity Bonds
[7] Orders of Reference
[8] Medical Malpractice Review Panels
[9] Views by Juries
[10] Other Matters
[11] Attorney's Fees
14.02 ITEMS NOT INCLUDED
14.03 PAID BY WHOM
14.04 SECURITY FOR COSTS
14.05 CONCLUSION

CHAPTER 15 SANCTIONS
15.01 SUBSTANCE
[1] Generally
[2] "Reasonable Inquiry"
[3] "Improper Purpose"
[4] "Appropriate Sanction"
15.02 PROCEDURE
[1] Which Court
[2] Timeliness
[3] Preserving the Motion
15.03 CONCLUSION

CHAPTER 16 MISCELLANEOUS PROCEEDINGS
16.01 QUO WARRANTO
16.02 MANDAMUS AND PROHIBITION
16.03 EMINENT DOMAIN CONDEMNATIONS
[1] General Procedure
[2] Quick Taking by the State Highway Commissioner
16.04 MEDICAL MALPRACTICE REVIEW PANEL
16.05 GENERAL DISTRICT COURTS

CHAPTER 17 APPEALS
17.01 GENERALLY
17.02 APPEALABLE ERRORS
17.03 TIMELINESS
17.04 PERFECTING THE APPEAL
[1] To the Supreme Court from a Circuit Court
[2] To the Supreme Court from the State Corporation Commission
[3] To the Supreme Court from the Court of Appeals
[4] To the Court of Appeals from a Circuit Court
[5] Appeal Bonds
17.05 BRIEFS AND ARGUMENT
17.06 DECISIONS OF THE COURT
17.07 REHEARINGS
[1] In the Supreme Court
[2] In the Court of Appeals

CHAPTER 18 ENFORCEMENT OF JUDGMENTS AND DECREES
18.01 EXEMPTIONS FROM EXECUTION
[1] Federal Exemptions
[a] BANKRUPTCY STAYS
[b] SOCIAL SECURITY AND WELFARE PAYMENTS
[c] ERISA PLAN BENEFITS
[d] EXEMPTIONS OF VARIOUS INCOME
[e] PROPERTY OF A FOREIGN NATION
[2] Virginia Exemptions
[a] HOMESTEAD EXEMPTION
[b] POOR DEBTOR'S EXEMPTION
[c] PERSONAL INJURY ACTIONS
[d] GROWING CROPS
[e] EXEMPTIONS OF VARIOUS INCOME
[f] DECEDENTS'ESTATES
[g] TENANCIES BY THE ENTIRETY
[h] PUBLIC PROPERTY
[i] SPENDTHRIFT TRUSTS
[j] GENERALLY
[3] Methods of Claiming Exemptions
[4] Waiver of Exemptions
18.02 COMMON LAW
[1] Writs of Fieri Facias
[2] Garnishment Proceedings
[3] Charging Orders
[4] Suspension of Driver's License
[5] Writs of Possession
[6] Abatement of Nuisances
[7] Enforcing Foreign Judgments
[a] ACTIONS OF DEBT ON A JUDGMENT
[b] STATUTORY PROCEEDINGS
[8] Judgment Liens
18.03 EQUITY
[1] Contempt of Court Proceedings
[2] Writs of Sequestration and Writs of Fieri Facias
[3] Writs of Assistance
[4] Special Commissioners
[a] GENERALLY
[b] JUDICIAL SALES
[c] PRIORITIES OF LIENS
[i] Generally
[ii] Governmental Liens
[A] Federal Liens
[B] State Liens
[C] Local Liens
[iii] Mechanic's Liens
[A] Construction on Land
[B] Transportation, Mining, and Manufacturing
[C] Repairs of Chattels
[iv] Waivers of Priorities
[5] Original Bills
[a] CREDITOR'S BILLS
[i] Bills to Foreclose Equities
[ii] Bills to Enforce Mechanic's Liens
[iii] General CreditorsBills
[iv] Bills to Set Aside Fraudulent Conveyances
[b] BILLS AFTER FINAL ORDERS
[i] To Interpret Final Orders
[ii] To Modify Final Orders
[iii] To Vacate Final Orders

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