Legal Question in Civil Litigation in Virginia

Re: What is a Judge's job

Well, you are getting three questions in one. :)

Yes, you call the witness to the stand and the judge takes care of swearing him or her in. You don't worry about that. If the witness is unwilling to come, you can subpoena them if you start several weeks ahead of time. It is generally wiser to subpoena them just in case. If they don't show for any reason (even a flat tire, against their will) you generally can't ask for a postponement if you did not subpoena the witness.

I don't understand your second question.

On your third question, you're kidding right? Law students get used to law professors dreaming up improbable situations for law school exams. This one sounds like a doozie. You should suggest it to a law professor for a law school final.

The attorney is the representative ("agent") of the client. The actions of the attorney are not really the attorney's, but his client, acting through the attorney.

Therefore, the client's obligation to carry through on legal obligations survives unchanged despite the death of the attorney. The court will obviously give them some extra time. But the client must implement any settlement agreement that was entered into. If the claim has been paid or resolved by settlement, the client must withdraw it or mark it as paid, or whatever applies.

The worry I have is if the client denies that the attorney settled the case. If it is not in writing, then you could have a problem. The agreement to settle would be enforceable by the court... if you can convince the court that it actually happened. But you'd have to prove it.

I'm not sure what you mean by a judgment being released. But if a judgment has been paid (whether by a compromise settlement or paid in full), the plaintiff is legally responsible to mark it as paid.

You, as the defendant, can actually file a motion to FORCE the plaintiff to mark it as paid, and you get to collect a penalty in the whopping sum of $50. (Don't spend it all in one place.)

But again, I would be worried about proving that the attorney actually did enter into the settlement agreement.