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

 

 INDEX