Legal Question in Civil Litigation in Virginia
Is it the same?
Under Virginia statute 16.1-88.03 a corporate president is allowed to file a Motion for Judgement in a General District Civil case, without having to be represented by counsel. Would a Motion to Dismiss be considered the same as a Motion for Judgement?
Asked on 12/16/03, 2:17 pm
1 Answer from Attorneys
Daniel Press
Chung & Press, P.C.
Re: Is it the same?
No. A motion for judgment is one way to initiate a suit in G.D. court (the other is a warrant in debt). The idea in G.D. court is that an unrepresented corp. can file suit and get a default judgment. If it goes past the first return date (where the Defendant can also appear w/o counsel), such that it is a contested case, any corporate party needs counsel.
Answered on 12/16/03, 4:18 pm
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