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Offer Of Judgment Injunctive Relief In Virginia
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§ 8.01-428. Setting aside default judgments; clerical mistakes; independent actions to relieve party from judgment or proceedings; grounds and time limitations.
Every circuit court shall have jurisdiction to award injunctions, including cases involving violations of the Uniform Statewide Building Code, whether the judgment or proceeding enjoined be in or out of the circuit, or the party against whose proceedings the injunction be asked resides in or out of the circuit.
Writs of eviction, in case of unlawful entry and detainer, shall be issued within 180 days from the date of judgment for possession and shall be made returnable within 30 days from the date of issuing the writ, and any executed writ shall be returned to the issuing clerk by the sheriff executing such writ.
§ 8.01-264. Venue laid in forums other than those designated by this chapter shall be subject to objection, but no action shall be dismissed solely on the basis of venue if there be a forum in the Commonwealth where venue is proper.
VA Code §8.01-225 provides that any person who renders emergency assistance in good faith shall not be liable for any civil damages. In other words, a person who tries to provide medical assistance cannot be held responsible for anything that happens because of their attempts.
A court may "entertain at any time an independent action . . . to set aside a judgment or decree for fraud upon the court." Code 8.01-428(D).
The 21-Day Rule: Why Time Is Critical for Post-Trial Relief Under Virginia Supreme Court Rule , a circuit court loses jurisdiction over a case 21 days after entry of a final order unless action is taken to suspend or vacate the order.
§ 8.01-431. Judgment or decree by confession in pending suit. In any suit a defendant may, whether the suit is on the court docket or not, confess a judgment in the clerk's office for so much principal and interest as the plaintiff may be willing to accept a judgment or decree for.
Even when the offer is well crafted, the major disadvantage of a Rule 68 Offer remains the evident lack of privacy. Once the plaintiff accepts your Rule 68 Offer and a judgment is entered against you, that document is a public record available to anyone.
The party seeking a preliminary injunctive relief must demonstrate: (1) irreparable injury in the absence of such an order; (2) that the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order; (3) that the injunction is not adverse to public interest; and (4) that the ...