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Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson Jan 1985

Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson

University of Richmond Law Review

This article considers recent statutes and case law in the field of Virginia civil procedure and practice. Since it has been several years since the last similar effort was published, this essay will take notice of the developments which have taken place from 1983 to May 1985. Much of the case law to be mentioned is pre-1983 trial court material, but since it was only recently published, it will be useful to have it included here. This is especially so since most points of civil procedure and practice, being harmless error, are not often considered by the Virginia Supreme Court …


Virginia's Statute Of Limitations For Section 1983 Claims After Wilson V. Garcia, John R. Pagan Jan 1985

Virginia's Statute Of Limitations For Section 1983 Claims After Wilson V. Garcia, John R. Pagan

University of Richmond Law Review

Because 42 U.S.C. section 1983 lacks its own statute of limitations, courts determine the deadline for commencing civil rights actions by borrowing the most appropriate limitation prescribed by state law. Courts have used a variety of techniques to choose among arguably relevant state limitation provisions. This diversity has produced "conflict, confusion, and uncertainty concerning the appropriate statute of limitations to apply to this most important, and ubiquitous, civil rights statute.