This form is used by the plaintiff to respond to affirmative defenses raised by the defendant in a personal injury action.
Virginia General Response to Affirmative Matter
State:
Multi-State
Control #:
US-PI-0022
Format:
Word;
Rich Text
Instant download
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How to fill out General Response To Affirmative Matter?
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FAQ
Clerical mistakes in all judgments or other parts of the record and errors therein arising from oversight or from an inadvertent omission may be corrected by the court at any time on its own initiative or upon the motion of any party and after such notice, as the court may order.
Judgment is a void judgment if court that rendered judgment lacked jurisdiction of. the subject matter, or of the parties, or acted in a manner inconsistent with due. process, Fed.
Clerical mistakes. Clerical mistakes in all judgments or other parts of the record and errors therein arising from oversight or from an inadvertent omission may be corrected by the court at any time on its own initiative or upon the motion of any party and after such notice, as the court may order.
Rule . ? All final judgments, orders, and decrees, irrespective of terms of court, remain under the control of the trial court and may be modified, vacated, or suspended for twenty-one days after the date of entry, and no longer.
Rule . Reply. within 21 days file a reply admitting or denying such new matter. If it does not contain such words, the allegation of new matter shall be taken as denied or avoided without further pleading.
Affirmative defenses include contributory negligence, the assumption of risk, last clear chance, and failure to report. These defenses can allow someone in the situation to persist so long that it is taken as a norm.
"However, if the judgment is void, it may be attacked in any court at any time. A void judgment is one that has been procured by fraud or entered by a court that lacked either subject matter or personal jurisdiction." Key Bank & Tr. v. Myers, 49 Va.
If the civil warrant was properly served on the defendant and he or she fails to appear on the return date, a ?default judgment? may be entered against the defendant. In this case, the court will enter a judgment for the plaintiff on the trial date based on enough evidence from the plaintiff to support the claim.