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Virginia civil procedure is the body of law that sets out the rules and standards that Virginia courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). Professor W. Hamilton Bryson is the preeminent master and legal scholar on Virginia Civil Procedure.
In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge sua sponte. In response to delays in bringing cases to trial, some states have adopted "fast-track" rules that sharply limit the ability of judges to ...
A defendant may implead a third party anytime within ten days after service of process has been effected, up until the trial date, so long as the third party receives effective service of process. However, Virginia law prohibits a defendant from impleading a joint tortfeasor against whom the plaintiff is prohibited from recovering (such as ...
In order to effect service in this manner, the plaintiff must make out an affidavit asserting that the defendant is not a resident of Virginia, or can not be found in Virginia with due diligence, and recites the defendant's last known address. The plaintiff sends this, along with the process itself, to the Secretary of the Commonwealth of ...
In Virginia, default is filed automatically if the defendant fails to respond in any way within 21 days of service of process being effected. A defendant that defaults thereby waives further notice of proceedings (unless the defendant has an attorney of record), and waives the right to a jury trial in any further proceedings.
The process to determine an individual's competency to stand trial is long and full of bottlenecks. ... The annual reviews will continue until the defendant/case is no longer under the court’s ...
The Supreme Court on Friday limited a federal obstruction law that has been used to charge hundreds of Capitol riot defendants as well as former President Donald Trump. The justices ruled 6-3 that ...
Early federal and state civil procedure in the United States was rather ad hoc and was based on traditional common law procedure but with much local variety. There were varying rules that governed different types of civil cases such as "actions" at law or "suits" in equity or in admiralty; these differences grew from the history of "law" and "equity" as separate court systems in English law.