November 2018

When are Judgments Final: Amendment to Virginia Supreme Court Rule 1:1

Posted: November 15, 2018 by David D. Das
An amendment to Rule 1:1 of the Supreme Court of Virginia became effective on November 1, 2018. Rule 1:1 provides that final judgments, decrees and orders remain under the control of the trial court, and are subject to modification, for 21 days. Rule 1:1 coincides with Rule 1:2, which allows appeal of a partial final judgment, and Rule 5:9, which mandates noticing an appeal within 30 days of entry of any final judgment, decree or order.

A Plaintiff Asserting the 5th Amendment Privilege Against Self-Incrimination May Obtain a Stay of a Related Civil Action

Posted: November 01, 2018 by Mark A. Kohl
In Heffington v. Moser Maryland’s Court of Special Appeals addressed a novel issue – under what circumstances is a trial court required to grant a stay to a civil litigant due to an assertion of the right against self-incrimination.  Generally, jurors in a civil action are permitted to take note of a litigant’s refusal to testify when that litigant asserts his Fifth Amendment right not to testify. 


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