Legal Question in Civil Litigation in Virginia

Motion To Rehear

I (the Plaintiff) filed a claim in General District Court alleging claim against the Defendant.

Defendant prevailed in matter upon Plaintiff's default at trail.

Plaintiff brought motion to rehear, which was declined by General District Court, the Honorable Judge then sitting.

The Plaintiff has sought to appeal General District Court's decision in VA Circuit Court.

The Plaintiff has secured a Circuit Court appeal trial date.

The Defendant then filed a motion to dismiss case for lack of subject matter.

Plaintiff received copy of motion.

Plaintiff plans to file answer to Defendant's motion.

Defendant wishes to trial motion before the scheduled appeal date.

Does Plaintiff have any obligation to appear in court on the date the Defendant secured with the court (without Plaintiff participation)?

Can Plaintiff file any motions to counteract the Defendant�s motion?

Is there a time limit for filing answer to motion?

Can a Judge make a decision on the motion without both parties being present?

Are there any motions that can be filed to address the default?


Asked on 8/24/06, 11:09 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Motion To Rehear

As long as the Defendant timely appealed and posted its bond, what happened in the general district court is irrelevant. It is as if you sued in circuit court. In VA, a motion is simply noticed for hearing on a motions day, so the date does not have to be set by agreement. If you are not there, the court could grant it without your input, so you ought to plan on being there. Can you file a motion? Depends on the facts. You can certainly file a response to their motion stating in writing why it should be denied. You could move to dismiss the appeal if it was untimely, or if the bond was not posted, for example. The time limit to respond to the Defendant's motion depends on the court, but generally a week in advance of the hearing should suffice. The judge can decide the motion at the scheduled hearing date, whether or not you are there. As for defendant's default in the GD court, it doesn't matter unless there was no bond posted or the appeal was untimely.

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Answered on 8/25/06, 12:28 am


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