What is a plea in bar?
Raises a special defense that bars the plaintiff’s recovery, such as:
* Statute of limitations
* Res judicata
* Release
* Infancy
* Bankruptcy
* Sovereign immunity
A plea in bar is a legal defense that prevents a plaintiff from recovering damages.
What is a demurrer?
Tests the legal sufficiency of the complaint, considering factual allegations in the complaint to be true
A demurrer is akin to a motion to dismiss.
How many days must a demurrer be filed within after service of process?
21 days
The judge has discretion to extend this period.
What must a demurrer state?
Specific grounds for failure
This ensures clarity on why the complaint is considered insufficient.
What is a lis pendens in Virginia?
A recorded notice in the circuit court clerk’s office alerting that a lawsuit is pending affecting the title to, or interest in, a specific piece of real estate
It protects plaintiffs by preventing the transfer of property during litigation.
What is the purpose of a bill of review?
Filed in circuit court to reverse or modify a final decree in equity
Generally required within 6 months of the decree.
What must a bill of review identify?
New evidence that:
* Discovered after trial
* Is material, another trial would have opposite results
* Is not cumulative
* Could not have been discovered before trial
Evidence can be produced at a new trial.
What constitutes fraud?
False representation of material fact with intent to mislead, relied upon to another person’s detriment
Fraud can also be shown through concealment of material facts.
What is the statute of limitations (SOL) for an action for fraud?
2 years from when you became aware of fraud
This time frame is crucial for filing a fraud claim.
What are the requirements for a detinue action?
- Plaintiff has right in property
- Plaintiff has right to immediate possession
- Property is capable of being possessed
- Property has value
- Defendant is in possession prior to suit
Detinue is a legal action to recover personal property.
What is a declaratory judgment?
Action to permit a judicial determination of a party’s rights or responsibilities BEFORE suffering injury or wrongdoing
Must involve a dispute that is at the crossroads of controversy.
What is required for punitive damages?
Evidence of:
* Willful or wanton conduct
* Recklessness with conscious disregard for the safety of others
Punitive damages are awarded in addition to actual damages.
