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The timing for the filing of a motion objecting to venue depends on the level of court in which the case has been brought. An objection to venue in the Virginia Circuit Court must be filed (actually physically received in the clerk's office) within 21 days of service of process, absent a general extension of time from the court to file a responsive pleading.
Holographic wills are not explicitly permitted by statute; §37 requires that a will be executed in writing with the signature of the testator and two witnesses. However, §58 permits courts to accept wills as valid that do not fulfill the formal validity requirements of the law, provided the court is satisfied the will represents the ...
The Virginia court consists of four levels of courts: the Supreme Court of Virginia, the Court of Appeals of Virginia, the Virginia Circuit Court, and the Virginia General District Court. In addition, magistrates serve as judicial officers with authority to issue various types of processes.
After the testator has died, an application for probate may be made in a court with probate jurisdiction to determine the validity of the will or wills that the testator may have created, i.e., which will satisfy the legal requirements, and to appoint an executor. In most cases, during probate, at least one witness is called upon to testify or ...
You may also litigate any Dispute in small claims court in your county of residence or Loudoun County, Virginia, USA, if the Dispute meets all requirements to be heard in the small claims court. However, if you initiate a small claims case, you are responsible for all court costs and you are not entitled to the incentives we offer to you above ...
As in federal court, the plaintiff may seek a waiver of service by mailing the defendant two copies a request to waive service of process along with a form provided by the court, and a prepaid envelope for return delivery. A Virginia defendant may return the waiver within 30 days, and will then be given 60 days from the date that the request ...
The Virginia Circuit Courts are the state trial courts of general jurisdiction in the Commonwealth of Virginia. The Circuit Courts have jurisdiction to hear civil and criminal cases. For civil cases, the courts have authority to try cases with an amount in controversy of more than $4,500 and have exclusive original jurisdiction over claims for ...
Two witnesses are required, unless the witness is a notary or a clerk of court (court registrar), any of whom will suffice. The formalities may be relaxed in certain cases, such as imminent death, a state of siege, a prevailing epidemic, etc. Freedom of testation is constrained by the rules of forced heirship : descendants, ascendants, and the ...