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Bryson on Virginia Civil Procedure

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The scope of this work is the procedure and practice of civil litigation in Virginia state courts, with an occasional excursus on relevant Virginia legal history in order to provide background to the present state of the law. This book proceeds generally from pretrial litigation devices to jurisdiction and parties, pleading, discovery, motions at trial, appeals and enforcement of final judgments. Footnotes refer to the relevant statutes and rules of court and sample reports of appellate cases.

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Table of Contents

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



INDEX