Legal Question in Civil Litigation in Virginia

Re: Questions on appropriate Motions

First, just because you have heard of these, don't think that you "need" to file these. Your

case can proceed without them, and usually would.

Second, I don't know if you are in circuit court

or general district court and it can make a

difference. I assume you are in circuit court,

although gdc would be better for your.

Third, both are names for the same thing.

However, Motion for Judgment on the Pleadings

could also be a fancy, and little-used, name for

a DEFAULT judgment. That means if they fail to

file any answer at all or don't show up if in

GDC, then you get a default judgment. The judge

rules based upon your pleadings.

However, the more usual use of the name is just

another name for summary judgment.

Fourth, summary judgment is extremely hard to

get in Virginia. Virginia courts disfavor it.

You have to show that there are NO disputes of

"material" facts, and therefore it is possible

for the court to decide based on the law alone.

Judges will typically ignore the last part of

this and will fail to follow the law. If the

defendant raises any dispute of any fact, even

if NOT material to the court's decision, the

judge will refuse to enter summary judgment.

It is supposed to be that facts that are

tangential to the central question do not count,

and a dispute there does not matter. However,

judges do not pay much attention to whether a

dispute goes to the core of the question in front

of the judge or not, and will refuse summary

judgment if there is any bona fide dispute at all.

The most probable effect of filing a motion for

summary judgment is that you will learn more

about what the defendant's dispute is and what

they are arguing about their refusal to agree to

your complaint.