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118-567: The state has 120 courts divided among 31 judicial circuits. Judges of the Virginia Circuit Courts are appointed by the legislature, and serve an eight-year term, after which they may be reappointed. The only mandatory qualification for appointment as a Circuit Court Judge is having been admitted to the Virginia State Bar for at least five years. Each Circuit Court has at least one judge, and possibly more, although trials are before

236-615: A barrister 's wig (a Bench Wig) would be worn in court. This tradition, however, is being phased out in Britain in non-criminal courts. In Oman , the judge wears a long stripe (red, green white), while the attorneys wear the black gown. In Portugal and in the former Portuguese Empire , the judges used to carry a staff that was red for ordinary judges and white for the judges from the outside . In Hong Kong , court proceedings are conducted in either English or Hong Kong Cantonese (a dialect of Yue Chinese ). Judges of Hong Kong retain many of

354-476: A compulsory counterclaim in Virginia; a cause of action that a defendant has against the plaintiff may be brought as a counterclaim, or may be brought in an entirely separate case. A third party may also seek to enter the case by filing an intervention . A demurrer challenges the sufficiency of a claim for affirmative relief, and can address misjoined claims, lack of subject matter jurisdiction, and most importantly

472-509: A jury trial , even if they were not entitled to one in the GDC. If the case is a criminal case or traffic infraction, the appellant will automatically receive a jury trial in the Circuit Court unless they affirmatively waive this right. For civil cases on appeal, the appellant must request a jury; if no such request is made, then the appeal will be heard by a Circuit Court judge alone. Cases heard in

590-555: A Board of Zoning Appeals, by writ of certiorari. By statute, the Circuit Court of the City of Richmond has jurisdiction over administrative appeals that are to be heard in a Circuit Court if venue is not otherwise proper in any specific circuit. An appeal from the Circuit Court may be taken to the Court of Appeals of Virginia in limited cases (domestic relations and certain administrative matters), but appeals of general civil judgments are directed to

708-574: A case in response to the plaintiff filing a complaint or the defendant answering the complaint. In common law , a demurrer was the pleading through which a defendant challenged the legal sufficiency of a complaint in criminal or civil cases. Today, however, the pleading has been discontinued in many jurisdictions , including the United Kingdom , the U.S. federal court system , and most U.S. states (though some states, including California , Pennsylvania, and Virginia , retain it). In criminal cases,

826-462: A claim. Those elements are usually attacked by showing that the plaintiff failed to plead an essential element per se or facts that adequately support it (e.g., facts giving rise to an actionable duty running from the defendant to the plaintiff). Another method is to attack the entire cause of action itself as abolished or prohibited as against public policy (e.g., wrongful life is against public policy in most jurisdictions). Demurrers are decided by

944-437: A contractual damages claim, and that the defendant may even recover damages in excess of the plaintiff's claim. Under the statute, however, the court lacks the power to order reform or rescission of the contract. The defendant may simply answer the claims raised by the plaintiff in a pleading which specifically responds to each of the plaintiff's allegations in corresponding numbered paragraphs. Certain matters, when raised as

1062-425: A contrary jury verdict is entered, a party may also file a "motion to set aside the verdict as contrary to the evidence", and unlike many other courts, Virginia courts may entertain this motion even if no equivalent pre-verdict motion has been made. Once a judgment has been entered by the court (or a decree has been issued, if the case is in equity), the court retains jurisdiction over the case for 21 days. This period

1180-405: A corrected and/or amended complaint. Demurrers sustained with prejudice are reserved for when the judge determines a plaintiff cannot cure or fix the complaint by rewriting or amending it. Depending upon the severity of the defect in a complaint, a court may sustain with prejudice on the first demurrer (very rare) or allow the plaintiff as many as three or four attempts before sustaining a demurrer to

1298-755: A court is addressed as tisztelt bíró úr , which means "Honourable Mister Judge" and a female presiding judge is addressed as tisztelt bírónő , which means "Honourable Madam Judge". The court as a body can be addressed as tisztelt bíróság , which means "Honourable Court". Judges of the Supreme Court , Court of Appeal , or High Court are officially titled The Honourable Mr/Mrs/Ms/Miss Justice Surname ( Irish : An Breitheamh Onórach Uasal [surname] ), and informally referred to for short as Mr/Mrs/Ms/Miss Justice Surname . In court, they are addressed either by their respective titles or styles, as The Court ( An Chúirt ), or simply Judge ( A Bhreithimh ). In law reports ,

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1416-425: A court order would be required to take early depositions. Alternately a party could seek perpetuation of the testimony of the witness pursuant to a verified petition filed in the jurisdiction in which the defendant resides. Discovery is somewhat narrower in cases of divorce, habeas corpus , eminent domain. There is no Seventh Amendment right to jury trials in state courts, but the state provides for jury trials to

1534-399: A defense, must be sworn to by the defendant. These include claims that handwriting is not genuine, that an agency, partnership, or corporate relationship does not exist, or that the defendant does not own or operate property or an instrumentality at issue in the claim. Furthermore, in contract claims, the plaintiff may file an affidavit with the claim averring the amount of damages claimed, that

1652-453: A demurrer must assume the truth of the facts alleged by the complaining party, but challenges the complaint as a matter of law. If a demurrer is sustained regarding the form of the complaint, leave to amend is liberally granted, and denial of leave to amend may constitute an abuse of discretion. Additionally, when children are removed from their parents and taken into foster care in California,

1770-401: A demurrer to an answer is less common because it may be a poor strategic move . A demurrer to an answer may simplify a lawsuit, but it usually will not end the lawsuit; it is normally used only when the plaintiff intends to move for summary judgment in their favor at the earliest opportunity and needs to preemptively attack some of the defendant's affirmative defenses. Technically, a demurrer

1888-449: A demurrer was considered a common law due process right, to be heard and decided before the defendant was required to plead "not guilty," or make any other pleading in response, without having to admit or deny any of the facts alleged . A demurrer generally assumes the truth of all material facts alleged in the complaint, and the defendant cannot present evidence to the contrary, even if those facts appear to be obvious fabrications by

2006-621: A discretionary attack upon the complaint that was already being drafted, calendared, heard, and ruled upon like a motion should simply be treated like one. Having purged the demurrer from federal courts, Rule 7(c) was deemed obsolete by the Advisory Committee on Civil Rules during the 2002–2007 FRCP revision cycle. It was therefore deleted from the version of the FRCP that went into effect on December 1, 2007. A majority of U.S. states (approximately 35) have adopted civil procedure rules modeled after

2124-584: A fact issue, Virginia courts treat the pleadings themselves as allegations of fact sufficient to create a genuine issue for resolution by a trial. Summary judgment in Virginia is not available in divorce and annulment cases. Either party may seek discovery on any topic that is relevant to the subject matter involved in the pending action, irrespective of whether the discovered materials would be admissible at trial, or even whether they are calculated to lead to admissible information. Deadlines to respond to discovery requests are usually 21 days. Parties may propound

2242-450: A failure to state a cause of action through a failure to allege some fact which is necessary for the claim to prevail. New facts may not be raised in a demurrer, so if the demurrer relates to a term in a contract which was not annexed to the original complaint, the defendant must first compel annexation of the contract through a motion craving oyer, and may file the demurrer once that annexation has occurred. A demurrer may be filed before or at

2360-408: A fraud on the court may be vacated for up to two years after entry of the judgment. While the case is in the breast of the court, either party may move for a new trial based on any among a wide range of bases, particularly misconduct on the part of some party. Such a motion may also be premised on the discovery of new evidence, if the moving party can allege that its failure to present that evidence at

2478-421: A good-faith investigation, and that they are not being filed for the purposes of harassment or delay. An attorney who violates these rules can be held liable for the costs and attorney's fees incurred by the other party in responding to the document. A document that is not signed by the attorney may be stricken. Where a party is not represented by counsel, the party must sign the documents himself, and thereby make

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2596-460: A high salary, in the U.S. the median salary of judges is $ 101,690 per annum, and federal judges earn $ 208,000–$ 267,000 per annum. In many civil law countries in Europe the majority of judges are women: in 5 countries ( Slovenia , Latvia , Luxembourg , Greece and Hungary ) women make more that 70% of judges of the first instance. In contrast, in common law countries ( UK , Ireland , Malta and

2714-416: A judge are checked by higher courts such as appeals courts and supreme courts. The court usually has three main legally trained court officials: the judge, the prosecutor and the defence attorney. The role of a judge can vary between legal systems. In an adversarial system (common law), as in effect in the U.S. and England, the judge functions as an impartial referee, mainly ensuring correct procedure, while

2832-489: A judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial partialities. Judges exercise significant governmental power. They can order police, military or judicial officials to execute searches, arrests, imprisonments, garnishments, detainment, seizures, deportations and similar actions. However, judges also supervise that trial procedures are followed, in order to ensure consistency and impartiality and avoid arbitrariness. The powers of

2950-409: A judge rather than a jury . The judge either grants the demurrer by sustaining it, or denies it by overruling the demurrer. If the demurrer is overruled, the defendant is ordered to file an answer within a certain period of time or else risk a default judgment . Once the answer is filed, then the case is said to be "at issue" (because there are now a complaint and answer on file opposing each other with

3068-402: A judgment well in excess of $ 50). On retrial in the Circuit Court brought about by an appeal from the defendant, the plaintiff may seek leave to amend to increase the claim to an amount in excess of the $ 25,000 limitation of the GDC. The Circuit Court also has appellate jurisdiction in certain administrative law matters and can also review the actions of certain local government agencies, such as

3186-470: A judgment. The term preliminary objection is used in Pennsylvania state court to refer to all motions made after the filing of a complaint but before the filing of an answer; preliminary objections may be made "in the nature of a demurrer" (seeking to dismiss a cause of action for legal insufficiency) or "in the nature of a motion to strike " (seeking to remove parts of a pleading for failure to abide by

3304-423: A jury trial, it can not be filed when the jury is retired from the bar, and is deliberating; it may be filed if the jury returns from deliberations deadlocked, resulting in a mistrial . In a bench trial, a nonsuit must be filed before the case has been submitted to the court for decision. If the plaintiff chooses to refile the claim, this must be done within six months of the original nonsuit being granted. Although

3422-445: A man or Meretíssima Juíza when a woman (meaning "Most Worthy Judge") or as Vossa Excelência ("Your Excellency") when not specifying gender. In Romania , judges during trial are addressed as Onorata Instanta (Your Honor). In Russia, Vasha Chest ( Russian : Ваша Честь , lit.   'Your Honour') is used for criminal cases only with the one judge presiding. For civil, commercial and criminal cases presided over by

3540-401: A maximum of 30 interrogatories on one another (including subparts), but there is no set limit on the number of depositions that can be taken, or the number of times a single witness may be deposed. An attorney may also issue a subpoena duces tecum . Where a witness to a case is about to leave the jurisdiction, a deposition of that witness may be taken within 21 days of filing a case; otherwise,

3658-504: A nonsuit does not prohibit the plaintiff from refiling the same suit in another state, or in a federal court in Virginia. The decision of the court to allow the plaintiff to take a nonsuit is not appealable, unless the defendant had objected to the nonsuit before the trial court. In Virginia, default is filed automatically if the defendant fails to respond in any way within 21 days of service of process being effected. A defendant that defaults thereby waives further notice of proceedings (unless

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3776-678: A panel of judges the right address is Honorable Court . In Spain, magistrates of the Supreme Court, magistrates and judges are addressed to as "Your Lordship" ( Su Señoría ); however, in formal occasions, magistrates of the Supreme Court are addressed to as "Your Most Excellent Lordship" ( Vuestra Señoría Excelentísima or Excelentísimo Señor / Excelentísima Señora ); in those solemn occasions, magistrates of lower Courts are addressed as "Your Most Illustrious Lordship" ( Vuestra Señoría Ilustrísima or Ilustrísimo Señor / Ilustrísima Señora ); simple judges are always called "Your Lordship". In Sweden,

3894-458: A panel. In some civil law systems, this panel may include lay judges . Unlike professional judges, lay judges are not legally trained, but unlike jurors, lay judges are usually volunteers and may be politically appointed. Judges are often assisted by law clerks , referendaries and notaries in legal cases and by bailiffs or similar with security. There are both volunteer and professional judges. A volunteer judge, such as an English magistrate ,

4012-410: A party that resides in Virginia, or transacts substantial business in Virginia, or who caused an actionable injury in Virginia. With respect to domestic relations matters, personal jurisdiction attaches to a person who bears or fathers a child in Virginia. For purposes of A party may waive a lack of personal jurisdiction, but may also appear in court to contest personal jurisdiction without thereby waiving

4130-430: A party, and this demand must be made within ten days following service of process of the last pleading to raise an issue capable of being tried to a jury. If neither party requests a jury, then both will have been deemed to waive the right, and the case may be tried by the judge alone. However, the judge may still elect to empanel a jury to decide questions of fact. Juries in Virginia are generally made of five people where

4248-435: A party. Once service has been effected, the defendant has 21 days to file a responsive pleading. The pleading may simply be an answer, or the defendant may file a demurrer , a motion to dismiss , an objection to venue , a motion for a bill of particulars , or a statement of the defendant's grounds of defense. If the defendant objects to personal jurisdiction, the defendant must make a special appearance to assert either that

4366-577: A political election. Impartiality is often considered important for rule of law . Thus, in many jurisdictions judges may be appointed for life, so that they cannot be removed by the executive. However, in non-democratic systems, the appointment of judges may be highly politicized and they often receive instructions on how to judge, and may be removed if their conduct does not please the political leadership. Judges must be able to research and process extensive lengths of documents, witness testimonies, and other case material, understand complex cases and possess

4484-544: A single judge. The Circuit Courts are courts of general jurisdiction, meaning that they can hear all manner of civil and criminal matters, with limited exceptions. The original jurisdiction of the Circuit Courts over civil matters extends only to those matters valued at over $ 4,500. For actions alleging a lower amount in controversy, jurisdiction lies with the Virginia General District Court (GDC). However,

4602-455: A third or fourth amended complaint with prejudice. In criminal cases, a demurrer may be used in some circumstances to challenge the legal sufficiency of the indictment or other similar charging instrument . Traditionally, if the defendant could admit every allegation of the indictment and still be innocent of any crime, then a general demurrer would be sustained and the indictment would be dismissed. A special demurrer refers to an attack on

4720-501: A thorough understanding of the law and legal procedure, which requires excellent skills in logical reasoning, analysis and decision-making. Excellent writing skills are also a necessity, given the finality and authority of the documents written. Judges work with people all the time; by the nature of the job, good dispute resolution and interpersonal skills are a necessity. Judges are required to have good moral character , i.e. there must be no history of crime. Professional judges often enjoy

4838-459: A witness live and on the stand – or through depositions. Where equitable claims are tried, testimony is most frequently by deposition, unless the court has opted to empanel an advisory jury, in which case oral testimony is the norm. In Virginia, the jury must render a unanimous verdict, and anything less than a unanimous jury constitutes a hung jury and therefore a mistrial, unless the parties agree otherwise in advance. The jury may award no more than

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4956-404: Is laamanni ( lawspeaker ). They are assisted by notaries ( notaari ), assessors ( asessori ) and referendaries ( viskaali ) who may sometimes even chair sessions. In appeals courts ( hovioikeus ) an ordinary judge has the title hovioikeudenneuvos , the chairman of a section is hovioikeudenlaamanni and the court is led by a presidentti . In the Supreme Court, judges are titled oikeusneuvos and

5074-443: Is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party . The word demur means "to object"; a demurrer is the document that makes the objection. Lawyers informally define a demurrer as a defendant saying "So what?" to the pleading. Typically, the defendant in a case will demur to the complaint , but it is also possible for the plaintiff to demur to an answer . The demurrer challenges

5192-428: Is a person who presides over court proceedings, either alone or as a part of a panel of judges . In an adversarial system , the judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge

5310-489: Is expected to conduct the trial impartially and, typically, in an open court . The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions . In some jurisdictions, the judge's powers may be shared with a jury . In inquisitorial systems of criminal investigation , a judge might also be an examining magistrate . The presiding judge ensures that all court proceedings are lawful and orderly. The ultimate task of

5428-409: Is improper, but must also indicate where proper venue would lie (although a court maintains the power to transfer even if the objection to venue is defective). The defendant may also file a counterclaim against the plaintiff, a cross-claim against any co-defendant, or an impleader against a third party who the defendant feels should be brought in as a co-defendant. However, there is no such thing as

5546-407: Is no special form of address; ordinary politeness is sufficient and the procedure lacks arcane rituals. Accordingly, the chairman of the panel is addressed as herra/rouva puheenjohtaja ("Mr./Ms. Chairman"). Finnish judges use gavels, but there are no robes or cloaks used in any Finnish courts. In a district court ( käräjäoikeus ), ordinary judges work with the title käräjätuomari and the chairman

5664-411: Is not a motion ; a party does not file a motion for demurrer nor move the court to demur. Rather, a demurrer is a particular type of pleading and demurring is the act by which a party formally requests the court to dismiss a cause of action (claim) or the entire complaint. In lay terms, a judge who sustains a demurrer is saying that the law does not recognize a legal claim for the facts stated by

5782-441: Is not required to have legal training and is unpaid. Whereas, a professional judge is required to be legally educated ; in the U.S., this generally requires a degree of Juris Doctor . Furthermore, significant professional experience is often required; for example, in the U.S., judges are often appointed from experienced attorneys . Judges are often appointed by the head of state . However in some jurisdictions, judges are elected in

5900-541: Is obsolete, although not formally abolished. It has been superseded by the more modern motion to quash , usually a verbal application to the judge to rule the indictment null and void and to stop the case. (Demurrer was pleaded in writing). In civil cases in the United States district courts , the demurrer was expressly abolished by Rule 7(c) of the Federal Rules of Civil Procedure ("FRCP", also "Federal Rules") when

6018-402: Is omitted, the defendant can file a "motion craving oyer", which requests the annexation of that document. If granted, the document will be attached to, and will become part of, the complaint itself. An attorney filing documents with the court, including pleadings, must sign the documents. The attorney thereby certifies that he has read them, that they are grounded in fact or law as determined by

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6136-471: Is ordered, however, both parties must accept the increased amount. The Circuit Court has jurisdiction to hear appeals from the General District Court for civil matters in excess of $ 50, and for all criminal and traffic cases. Cases thus appealed are re-tried de novo (because the GDC does not generate a record to be reviewed for error). The appellant in the Circuit Court will then be entitled to

6254-546: Is presumed that all allegations in the answer are denied. The only exception is where the defendant demands a response to new matters raised in the answer. A nonsuit occurs where the plaintiff seeks voluntary dismissal of the case without prejudice prior to a resolution. In Virginia, one nonsuit may be taken as of right, so long as it filed before certain significant events have occurred in the case. It must be filed before any demurrer or special plea has been fully argued, and before any motion to strike evidence has been granted. In

6372-416: Is referred to as the time for which the case is "in the breast of the court", and during this time the court has complete discretion to suspend, vacate, or amend its judgment or decree. After 21 days, jurisdiction lapses, even if the court is considering post-judgment motions. However, a party may file a "bill of review" to correct errors on the face of the record for up to six months, and a judgment obtained by

6490-511: Is the judge, who will do the presiding, judging and sentencing on his own. As such, the judge is expected to apply the law directly, as in the French expression Le juge est la bouche de la loi ("The judge is the mouth of the law"). Furthermore, in some systems even investigations may be conducted by the judge, functioning as an examining magistrate. Judges may work alone in smaller cases, but in criminal, family and other significant cases, they work in

6608-810: The Chief Justice of Ireland has the postnominal CJ , the Presidents of the other Courts have the postnominal P , and all other judges J , e.g. Smith J . Judges of the Circuit Court are titled His/Her Honour Judge Surname and are addressed in Court as Judge . Before 2006, they were addressed as My Lord ( A thiarna ) . Judges of the District Court are titled Judge Surname and addressed in Court as Judge . Before 1991 these judges were known as District Justices and addressed as Your Worship ( d'Onóra ). In Italy,

6726-474: The Gregorian calendar , or of public records , such as a published legislative report showing the intent of the legislature in enacting a particular statute. A demurrer is commonly filed by a defendant in response to a complaint filed by the plaintiff . A demurrer to a complaint can terminate a lawsuit. Although a plaintiff may demur to a defendant's answer to a complaint or the defendant's affirmative defenses ,

6844-527: The Maryland Supreme Court wear distinct dress. In Italy and Portugal , both judges and lawyers wear particular black robes. In some countries, especially in the Commonwealth of Nations , judges wear wigs . The long wig often associated with judges is now reserved for ceremonial occasions, although it was part of the standard attire in previous centuries. A short wig resembling but not identical to

6962-866: The Urdu equivalent Janab or Judge Sahab . In Sri Lanka , judges of most courts are addressed as Your Honour ; however, the Chief Justice is addressed as Your Lordship . Judges of the Supreme Court and the Appeal Court receives the title The Honourable . Judges in Vietnam are addressed as Quý tòa (literally the "Honorable Court"). In Bulgaria before 1989 during the communist regime, judges were addressed as drugarju ( Bulgarian : другарю , lit.   'comrade'). After 1989, gospodín sŭdiya (Bulgarian: господин съдия , lit.   'mister judge') or gospožo sŭdiya (Bulgarian: госпожо съдия , lit.   'madam judge'). There

7080-419: The probate of wills . The GDC must also be able to exercise personal jurisdiction over the defendant, which may be premised on the defendant's physical presence in the jurisdiction, or on the occurrence of some element of the cause of action in the jurisdiction. Personal jurisdiction is predicated on Virginia's long-arm statute , which generally permits Virginia courts to exercise personal jurisdiction over

7198-644: The Circuit Courts can hear appeals from the GDC for matters valued over $ 50. Such appeals are heard de novo . The Circuit Courts do not, however, have jurisdiction over rate cases or workers' compensation cases. The former are committed to the jurisdiction of the State Corporation Commission , the latter by the Virginia Workers' Compensation Commission . The Circuit Courts have exclusive original jurisdiction in domestic relations matters (such as divorce , annulment , and child custody ), and over

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7316-509: The Clerk of the Circuit Court within 55 days of the decision which is being appealed. The Clerk of the Circuit Court will then prepare a record containing all pleadings, exhibits, and orders, and will transmit that to the higher court. The appellant must also post a supersedeas bond if they wish to prevent the other party from collecting on any judgment that was awarded in the trial court; an appealing plaintiff must post an appeal bond, but only after

7434-614: The District of Columbia had mandatory retirement ages for State court judges, which ranged from 70 to 75 for most (but is as high as 90 in Vermont ). A 2020 study by the National Bureau of Economic Research found significant positive effects on the performance of state Supreme Courts with mandatory retirement age for judges. The authors advocated the adoption of mandatory retirement ages for all federal and state judges, although they felt, that

7552-815: The English tradition. In writing, the post-nominal letters PJ is used to refer to a permanent judge of the Court of Final Appeal and NPJ to a non-permanent judge. In the High Court, the abbreviation JA is used to denote a justice of appeal, and the letter J refers to a judge of the Court of First Instance. Masters of the High Court are addressed as Master . When trials are conducted in Chinese, judges were addressed, in Cantonese, as Fat Goon Dai Yan ( Hong Kong Cantonese : 法官大人 , romanized:  faat3 gun1 daai6 jan4 , lit.   'Judge, your lordship') before

7670-589: The English traditions such as wearing wigs and robes in trials. In the lower courts, magistrates are addressed as Your worship , and district court judges as Your Honour . In the superior courts of record, namely the Hong Kong Court of Final Appeal and the High Court of Hong Kong (which consists of the Court of Appeal and the Court of First Instance ), judges are addressed as My Lord or My Lady and referred to as Your Lordship or Your Ladyship , following

7788-446: The FRCP went into effect on September 16, 1938. The demurrer was replaced by the Rule 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted. The demurrer was abolished after American lawyers realized that the pleadings should frame only those issues that will be actively litigated through motion practice once both sides have fully stated their positions and

7906-541: The Federal Rules and therefore have abolished the demurrer and replaced it with the motion to dismiss for failure to state a claim upon which relief can be granted. In Ohio , for example, demurrers are specifically prohibited. However, a demurrer can still be filed by the defendant in a minority of U.S. state court systems. Demurrers are still used in California and Virginia state court civil practice. In California,

8024-434: The GDC may not be directly appealed to any court other than the Circuit Court, although the decisions of the Circuit Court are subject to further appellate review. In determining whether the matter exceeds $ 50, the Circuit Court looks to the recovery achieved by the plaintiff. If, for example, the plaintiff seeks $ 3,000 and recovers $ 2,960, the plaintiff will have no right to appeal, but the defendant will (having been assessed

8142-616: The High Courts were addressed as Your Lordship or My Lord and Your Ladyship or My Lady , a tradition directly attributable to England. The Bar Council of India had adopted a resolution in April 2006 and added a new Rule 49(1)(j) in the Advocates Act . As per the rule, lawyers can address the court as Your Honour and refer to it as Honourable Court . If it is a subordinate court, lawyers can use terms such as sir or any equivalent phrase in

8260-793: The United States) the situation is reverse: over 70% of judges of the first instance are men. On the other hand, women are underrepresented in the Supreme Courts in the USA and all EU countries, except for Romania (in Romanian High Court of Cassation and Justice over 80% of judges are women). In the United States, federal judges are appointed "for good behavior", which means in practice, that federal judges work until they die, voluntarily retire or are impeached. The death of Ruth Bader Ginsburg in

8378-417: The amount in controversy is $ 25,000 or less, or seven people where the amount in controversy is more than $ 25,000. Each side receives three peremptory challenges , which may not be exercised in a racially or sexually discriminative manner, along with an unlimited number of challenges for cause. Usually, more jurors then are needed are empaneled in case a juror must be excused. An unusual procedure exists whereby

8496-408: The amount is justly due, and specifying a date from which interest should accrue. The defendant must then plead under oath that the plaintiff is not entitled to the damages sought, and if the plaintiff objects to the defendants failure to make such a plea within seven days, the objection will result in summary judgment for the plaintiff. The plaintiff need not respond to anything in the answer, as it

8614-431: The amount sought in the complaint, which acts as a ceiling to the verdict. After rendering a verdict, jury members may be questioned to determine if any misconduct occurred, but the reasoning by which the verdict was reached may not be questioned. A bench trial is conducted with the judge hearing all witnesses and deciding on their credibility. The judge may appoint a commissioner to hear evidence and make recommendations if

8732-515: The appeal has been granted. A petition for appeal must be filed with the Virginia Supreme Court within three months of the decision under appeal. The Virginia Supreme Court may deny the petition, or it may grant the petition and will then send a Certificate of Appeal to all parties. Criminal matters may be appealed to the Court of Appeals, but death penalty cases are appealed directly to the Virginia Supreme Court. Judge A judge

8850-502: The bench). American judges frequently wear black robes. American judges have ceremonial gavels , although American judges have court deputies or bailiffs and contempt of court power as their main devices to maintain decorum in the courtroom. However, in some of the Western United States , like California, judges did not always wear robes and instead wore everyday clothing. Today, some members of state supreme courts , such as

8968-467: The case is at issue. Although the demurrer technically also framed the issues in a case, treating the demurrer as a pleading came to be seen as irrational because it was the only pleading that required an immediate hearing and ruling on its content (which consisted of an attack upon the complaint), while the complaint and the answer merely stated the respective positions of each side but did not require hearings in and of themselves. Thus, it made sense that

9086-455: The case, such as the passage of a statute of limitations , failure of a contract to meet the statute of frauds , or res judicata as to the action. The defendant may also raise equitable defenses such as failure of consideration or unconscionability , which operate to diminish the value of the plaintiff's claim. This is referred to as "common law recoupment". By statute, Virginia has established that such defenses can be raised in response to

9204-410: The cause of action, or a part thereof, arose. Various other considerations arise where there are multiple parties, or out of state parties. Litigation is initiated by the filing of a complaint , which is then served on the defendant with a summons , pursuant to the rules governing service of process in Virginia . Virginia requires " fact pleading ," meaning that the pleadings must set forth all of

9322-419: The complaining party. If the judge overrules a demurrer, the court is allowing the claim or case to proceed. In legal terms, the demurring party asserts that the complaint or counterclaim does not amount to a legally valid claim, even if the factual allegations contained in the complaint or counterclaim are accepted as true. Usually, a demurrer attacks a complaint as missing one or more required elements of

9440-553: The court is led by a presidentti . In France, the presiding judge of a court is addressed as Monsieur le président or Madame le président , whilst associated judges are addressed as Monsieur l'Assesseur or Madame l'Assesseur . Out of the courtroom, judges are referred to as Monsieur le juge or Madame le juge . In Germany, judges are addressed as Herr Vorsitzender or Frau Vorsitzende , which translate as "Mister Chairman" and "Madam Chairwoman", or as Hohes Gericht , which translates as "High Court". The male presiding judge of

9558-414: The court lacks personal jurisdiction, or that service of process was never made. Such a motion can not be joined with any other motion. An objection based on service that was made, but was made in a faulty manner, is called a motion to quash process, and can be filed in conjunction with a pleading responsive to the merits of the case. A defendant's objections to venue must state not only why the venue chosen

9676-438: The defendant has an attorney of record), and waives the right to a jury trial in any further proceedings. However, entry of a default does not by itself resolve the plaintiff's claim. The plaintiff must then move for a default judgment against the defendant. Where the case is premised on liquidated damages , such as a breach of a promissory note , then judgment will be entered in that amount. If damaged are unliquidated, however,

9794-489: The exclusive appellate jurisdiction of the Virginia Supreme Court . An appeal may only be taken from a decision to which the appealing party objected with reasonable certainty at the time that the decision was made. In order to perfect an appeal, the appellant must file a notice of appeal with the Clerk of the Circuit Court within thirty days of the appealable judgment or decree. A post-judgment motion does not extend

9912-418: The facts alleged by the plaintiff upon which the cause of action is based, and these facts must "inform the opposing party as to the true nature of the claim." The facts must be set forth in numbered paragraphs, although a party asserting negligence need not specify which negligent conduct is alleged to have caused the injury. It is not necessary to allege jurisdiction or venue, although it is necessary to specify

10030-518: The foregoing certifications. Alternative pleading is permitted, so a party may plead inconsistent facts as to different parties, and leave it to the jury to determine which proposed set of facts were the true facts of the case, so long as all causes of action arise from the same transaction or occurrence. If an unrelated claim is joined, however, this claim will be stricken as a misjoinder. Virginia pleading practice differs from that of federal courts and many other states in that it offers no amendments to

10148-427: The form, rather than the substance, of the charge: if the defendant correctly identifies some defect "on the face" of the indictment, then the charges are subject to being dismissed, although usually the indictment can be redrawn (rewritten) and re-presented to the grand jury or other charging authority. While there are different ways to accomplish the goals of a special demurrer, often an alternative method to challenge

10266-417: The individual authorities should decide on the specific age for themselves. A variety of traditions have become associated with the rank or occupation. Gavels (a ceremonial hammer) are used by judges in many countries, to the point that the gavel has become a symbol of a judge. In many parts of the world, judges wear long robes (often in black or red) and sit on an elevated platform during trials (known as

10384-435: The issue. In terms of venue , where personal jurisdiction lies in multiple districts, the appropriate venue for the case to be heard is set forth by Virginia statutes, which divides possible venues as "Category A" (preferred) and "Category B" (permissible), and requires that Category B venue may only be used where no Category A venue is available. For example, in a dispute over the ownership of land, Category A venue lies where

10502-548: The judges of Madras HC , Justice K Chandru had banned lawyers from addressing his court as My Lord and Your Lordship . In Israel, the judges ( Hebrew : שופט‬ , romanized :  shofét , lit.   'judge') of all courts are addressed as Sir , Madam (Hebrew: אדוני‬/גבירתי‬ , romanized:  adoni/geverti ) or Your Honor (Hebrew: כבודו‬/כבודה‬ , romanized:  kevodo/kevoda ). Typically after every naming you will hear haShofét , meaning "the judge" after

10620-494: The jury to read the pleadings, and also may not personally opine on the credibility of the witnesses. The judge may also grant a motion to sequester non-party witnesses, thereby prohibiting them from watching the testimony of other witnesses, although the judge retains discretion to permit a sequestered witness to testify even if that witness did improperly view other testimony. Evidence is presented at trial through testimony presented ore tenus – that is, oral testimony presented by

10738-432: The land is located. Where the dispute involves a request for injunctive relief, venue lies in the place where the activity to be enjoined is occurring or is anticipated to occur. Category B venue is much more expansive. It generally lies where the defendant resides or has their principal place of employment, or has a registered office or registered agent, or where some part of the action arose. It also lies in any place where

10856-524: The law reports, the Justices of the Supreme Court are usually referred to as "Lord/Lady N", although the Weekly Law Reports appends the post-nominal letters "JSC" (e.g. "Lady Smith JSC"). The President and Deputy President of the Court are afforded the post-nominal letters PSC and DPSC respectively. Only experienced barristers or solicitors are usually appointed as judges. Demurrer A demurrer

10974-412: The legal sufficiency of a cause of action in a complaint or of an affirmative defense in an answer. If a cause of action in a complaint does not state a cognizable claim or if it does not state all the required elements , then the challenged cause of action or possibly the entire complaint can be dismissed at the demurrer stage as not legally sufficient. A demurrer is typically filed near the beginning of

11092-555: The objecting party. Second, the court has power to strike out the Particulars of Claim . To have a non-meritorious claim dismissed, however, the distinction between the two procedures is that when the Particulars of Claim are struck out, the claimant usually has another opportunity to file an amended Particulars of Claim, within, for example, four weeks, whereas Summary Judgment is final, though subject to appeal. In criminal law demurrer

11210-478: The office in 2020 and suspension of Pauline Newman in 2023 reinvigorated the discussion about mandatory retirement age for federal judges, but such change would require a constitutional amendment and is unlikely to be implemented soon. States have more flexibility in establishing a mandatory retirement age for judges, as was confirmed by the SCOTUS in its 1991 decision Gregory v. Ashcroft . As of 2015, 33 States and

11328-401: The original trial was not due to a lack of diligence. A party may also seek a new trial if the damages returned are so high, or so low, as to "shock the conscience". In such a case, the judge may order a new trial as to all issues if damages were inseparable from liability, or as to damages alone if liability was well established. Alternately, the judge could order additur or remittitur, requiring

11446-409: The other party to either accept a stated award of a higher or lower amount, or face a new trial. The party against whom the additur or remittitur is pressed may accept the change without protest, accept with protest and appeal the order, or reject the change and have a new trial. If the latter option is taken, the protesting party may later appeal the court's decision to require a new trial. Where additur

11564-477: The parents may challenge the sufficiency of the dependency complaint by means of a motion akin to demurrer , which operates similarly to a demurrer. However, demurrers are prohibited in California in other family law actions. Also in California, a demurrer is not said to be "granted," but is said to be "sustained" or "overruled." An order sustaining a demurrer is not a readily appealable order unless it disposes of an entire action without leave to amend and results in

11682-444: The parties and the court agree to it, or if the court finds good cause on the facts of the case to have one. Virginia has a motion called a "motion to strike the evidence", which functions exactly the same as a motion for judgment as a matter of law in most other courts. Such a motion is made at the close of evidence (before the jury deliberates, if there is a jury). Where such a motion is granted, summary judgment will be entered. Where

11800-425: The parties can agree to have a three -person jury. In that case, each side will be permitted to select one juror, and those two jurors select the third from among the jury pool. Objections to jury instructions must be raised before the instructions are read to the jury. The court generally has a great deal of discretion in terms of giving the jury access to evidence and exhibits, but is barred by statute from allowing

11918-421: The parties' respective provisions), and the case proceeds to the discovery stage. In the alternative, a judge may sustain a demurrer with prejudice or without prejudice. With prejudice means the plaintiff cannot file another complaint attempting to fix insufficiencies of the previous complaint. If the demurrer is granted without prejudice and/or with leave to amend, then the plaintiff may correct errors filing

12036-400: The plaintiff may obtain one nonsuit as a matter of right, the court retains the discretion to grant additional nonsuits with notice to the other parties. The court's order must specify the number of previous nonsuits, and the plaintiff must therefore inform the court of all previous nonsuits in requesting another. If a counterclaim or crossclaim had been filed, a nonsuit could still be taken by

12154-497: The plaintiff must move for a hearing on damages, which will be decided by the court unless the plaintiff demands a jury on the damages claim. A defendant who has defaulted may still appear at the damages hearing to contest the amount of damages, but can not challenge liability. Summary judgment is rarely granted in Virginia courts because it is easy for either party to raise a triable issue of fact. Unlike federal courts, where claims must be accompanied by an affidavit in order to raise

12272-478: The plaintiff or are likely to be easily disproved during litigation . That is, the point of the demurrer is to test whether a cause of action or affirmative defense as pleaded is legally insufficient, even if all facts pleaded are assumed to be true. The sole exception to the no-evidence rule is that a court may take judicial notice of certain things. For example, the court can take judicial notice of commonly known facts not reasonably subject to challenge, such as

12390-401: The plaintiff with the agreement of the defendant, or if the defendant's claim could be adjudicated independently. The plaintiff can not use the nonsuit as a means to change venue to another Virginia state court – if the plaintiff seeks to refile the suit, he must refile in exactly the same court unless that court lacked jurisdiction or venue, or must show good cause to litigate elsewhere. However,

12508-483: The pleadings as of right. If a plaintiff files an amended complaint, and the defendant responds to that pleading, both the filing and the response are a legal nullity. A party must instead seek and receive leave to amend before any amended pleading will be accepted, even if that amended pleading is filed before any response to the initial pleading has been received. However, Virginia courts are generally liberal in allowing parties to amend, absent undue delay or prejudice to

12626-784: The presiding judge of a court is addressed as Signor presidente della corte . In the Netherlands , presiding judges of either sex are, in writing only, addressed edelachtbare ("Your Honour") for judges in the Court of First Instance, edelgrootachtbare ("Your Great Honour") for justices in the Court of Appeal and edelhoogachtbare ("Your High Honour") for justices in the High Council of the Netherlands (Supreme Court). In Poland, presiding judges of either sex during trial are addressed Wysoki Sądzie ("High Court"). In Portugal , presiding judges during trial are addressed as Meretíssimo Juiz when

12744-503: The presiding judge of a court is traditionally addressed as Herr Ordförande or Fru Ordförande , which translate as "Mister Chairman" and "Madam Chairwoman". In the Courts of England and Wales , Supreme Court judges are called Justices of the Supreme Court. Justices of the Supreme Court who do not hold life peerages are now given the courtesy style "Lord" or "Lady". Justices of the Supreme Court are addressed as "My Lord/Lady" in court. In

12862-436: The proceedings, as they generally are in the superior courts, are in English. In Pakistan, judges of the Supreme Court and the High Courts are addressed as Your Lordship or My Lord or Lordship and Your Ladyship or My Lady , a tradition directly attributable to England. There is some resistance to this on religious grounds but more or less continues till this day. In lower courts, judges are addressed as sir , madam or

12980-401: The prosecution and the defense present their case to a jury , often selected from common citizens. The main factfinder is the jury, and the judge will then finalize sentencing. Nevertheless, in smaller cases judges can issue summary judgments without proceeding to a jury trial. In an inquisitorial system (civil law), as in effect in continental Europe, there is no jury and the main factfinder

13098-517: The regional language concerned. Explaining the rationale behind the move, the Bar Council had held that the words such as My Lord and Your Lordship were "relics of the colonial past". The resolution has since been circulated to all state councils and the Supreme Court for adoption but over five years now, the resolution largely remained on paper. However, in an unprecedented move in October 2009, one of

13216-403: The relief sought in a "prayer for relief," and within the prayer to specify the dollar amount sought in damages in an ad damnum clause . A prayer for punitive damages must be identified in a separate paragraph. Documents (such as a contract alleged to have been breached) may be annexed to the pleadings, and are thereby incorporated into them. If a document that should be attached to the pleadings

13334-594: The respective address. For example, Your Honor the Judge would be כבוד השופט‬ ( kevod haShofét ). Biy - elected judges using adat Zheti Zhargy . The Council of biys  [ kk ; ru ] was the highest council, a kind of senate . In Malaysia, judges of the subordinate courts are addressed as Tuan or Puan ("Sir", "Madam"), or Your Honour . Judges of the superior courts are addressed as Yang Arif ( lit.   ' Learned One ' ) or My Lord , My Lady , etc.; and Your Lordship or My Ladyship if

13452-438: The same extent as in federal courts. This means that juries are available to try cases at law, but usually not in equity. However, a party may request a jury to decide facts regarding the facts of an equitable matter. If the contested matter is a special plea, then the decision of the jury is binding, but where there is a conflict of evidence as to other matters, the jury is merely advisory. A jury must be specifically requested by

13570-427: The same time as an answer is filed, but not afterward, except with the permission of the court. If the demurrer is sustained, it is usually done so without prejudice and giving the plaintiff a set time to respond by filing an amended complaint which cures the defects of the original complaint. Affirmative defenses asserted in Virginia are called "special pleas". A special plea alleges additional facts which would obviate

13688-445: The sufficiency of the indictment is an attack on the prosecution 's case prior to trial, and is generally made by means of motion to dismiss . In civil law a demurrer as such is no longer available under the current law of England and Wales . However, two similar procedures may be employed where claims without merit need to be expeditiously dismissed . First, an application on notice can be made for summary judgment in favor of

13806-433: The time for an appeal unless the Circuit Court has suspended the judgment. A copy of the notice of appeal must be mailed or otherwise delivered to counsel for all parties, stating that the appellant will file either a written summary of the trial, or a transcript which the appellant certifies has been ordered from the court reporter. If a written summary is used instead of a transcript, the appellant must file this document with

13924-460: The transfer of sovereignty from the United Kingdom to China, and as Fat Goon Gok Ha (Hong Kong Cantonese: 法官閣下 , romanized:  faat3 gun1 gok3 haa6 , lit.   'Judge, your honour') since 1997. Fat Goon (Hong Kong Cantonese: 法官 , romanized:  faat gun1 , lit.   'Judge') means the word "judge". In India , judges of the Supreme Court and

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