VA - Equity - Approaching a Question

  1. Equitable Procedure in VA
    Divorce & Annulment
    • No default divorce. Evidentiary submissions must still be made by the P so a proper record of the grounds is presented to the trial judge.
    • Rules on Waiver of Notice Rights: no waiver of rights to procedural protections and defaulting defendant is enttiled to notice before depositions are taken.
  2. Equitable Procedure in VA
    Jury Trial of Equitable Claims
    • no consittutional right to a jury trial on any claims for equitable relief
    • mixed cases: any party who makes timely demand for a jury to hear the legal claims will be entitled to a jury decision on those matters; court still determines equitable claims; legal claims are decided first and judge bound by any fact finding the jury makes
    • statutory rights to jury hearings: 1) quiet title actions, and 2) where D files a plea in equity
    • Advisory Juries: judge has discretion to seat a jury to hear hotly disputed factual issues but jury' deliberations are not binding on judge (judge can't just accept the verdict, independent decision req'd)
  3. Equitable Procedure in VA
    Review of Decisions on Equitable Claims
    • 1. A motion to suspend, modify or vacate the judgment: must be decided w/in 21 days after the entry of judgment
    • 2. Bill of Review: filed w/in six months of etnry of judgment and based upon a) newly-discovered evidence, or 2) error of law appearing on face of record
    • -after-acquired evidence standard: 1)could not have been discovered for use tat the trial in the exercise of reasonable diligence; 2) is not merely cumulative, corroborative or collateral; and 3) is material, and would probably produce opposite results on the merits at another trial
    • 3. Appeal: in domestic relations it is a matter of right to Court of Appeals; in all others, appeal only to supreme court and is discretionary
  4. Equitable Remedies in VA
    • Three Steps:
    • 1. Eligibility: two general requirements a) legal remedy must be inadequate, b) equitable relief must be feasible
    • 2. Specific tests: Are any specific requirements for the particular equitable remedy you seek satisfied?
    • 3. Defenses: Are there any equitable defenses which would prevent otherwise available equitable relief?
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VA - Equity - Approaching a Question
VA - Equity - Approaching a Question