written notice requirement (Virginia) · Go Syfert
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written notice requirement in Virginia

9 Virginia opinions name it 6 courts 1976–2016 0 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Town of Crewe v. Marlergreen
va · 1984 · cited in 2 Virginia opinions naming this issue, 2009–2009
2 sentences

2009Accord Haley v. Haley, 272 Va. 703, 707 , 636 S.E.2d 400 , 402 *255 (2006) (holding “actual notice” does not satisfy the written notice requirements for claiming an elective share under Code § 64.1-13); Halberstam, 251 Va. at 251-52 , 467 S.E.2d at 785 (holding “actual notice” is insufficient to satisfy the written notice requirement of the Virginia Tort Claims Act); Town of Crewe v. Marler, 228 Va. 109, 113-14 , 319 S.E.2d 748, 750 (1984) (holding Town’s “actual notice” of an accident did not remove the injured party’s duty to provide written notice under Code § 8.01-222).

2009Accord Haley v. Haley, 272 Va. 703, 707 , 636 S.E.2d 400 , 402 *255 (2006) (holding “actual notice” does not satisfy the written notice requirements for claiming an elective share under Code § 64.1-13); Halberstam, 251 Va. at 251-52 , 467 S.E.2d at 785 (holding “actual notice” is insufficient to satisfy the written notice requirement of the Virginia Tort Claims Act); Town of Crewe v. Marler, 228 Va. 109, 113-14 , 319 S.E.2d 748, 750 (1984) (holding Town’s “actual notice” of an accident did not remove the injured party’s duty to provide written notice under Code § 8.01-222).

22
AMEC Civil, L.L.C. v. Commonwealthgreen
vaccnorfolk · 2008 · cited in 2 Virginia opinions naming this issue, 2009–2009
2 sentences

2009In its pretrial ruling, the circuit court held that “AMEC did not provide VDOT with written notice of its claims as required by Va.Code Ann. § 33.1-386.” AMEC, 74 Va. Cir. at 500 (emphasis added); see also id. at 504 (acknowledging “AMEC did not fully comply with the written notice requirement of Va.Code Ann. § 33.1-386”); id. at 506 (noting, but finding unimportant, “AMEC’s failure to abide by the statute’s written notice provision”).

2009In its pretrial ruling, the circuit court held that “AMEC did not provide VDOT with written notice of its claims as required by Va.Code Ann. § 33.1-386.” AMEC, 74 Va. Cir. at 500 (emphasis added); see also id. at 504 (acknowledging “AMEC did not fully comply with the written notice requirement of Va.Code Ann. § 33.1-386”); id. at 506 (noting, but finding unimportant, “AMEC’s failure to abide by the statute’s written notice provision”).

22
Haley v. Haleygreen
va · 2006 · cited in 2 Virginia opinions naming this issue, 2009–2009
2 sentences

2009Accord Haley v. Haley, 272 Va. 703, 707 , 636 S.E.2d 400 , 402 *255 (2006) (holding “actual notice” does not satisfy the written notice requirements for claiming an elective share under Code § 64.1-13); Halberstam, 251 Va. at 251-52 , 467 S.E.2d at 785 (holding “actual notice” is insufficient to satisfy the written notice requirement of the Virginia Tort Claims Act); Town of Crewe v. Marler, 228 Va. 109, 113-14 , 319 S.E.2d 748, 750 (1984) (holding Town’s “actual notice” of an accident did not remove the injured party’s duty to provide written notice under Code § 8.01-222).

2009Accord Haley v. Haley, 272 Va. 703, 707 , 636 S.E.2d 400 , 402 *255 (2006) (holding “actual notice” does not satisfy the written notice requirements for claiming an elective share under Code § 64.1-13); Halberstam, 251 Va. at 251-52 , 467 S.E.2d at 785 (holding “actual notice” is insufficient to satisfy the written notice requirement of the Virginia Tort Claims Act); Town of Crewe v. Marler, 228 Va. 109, 113-14 , 319 S.E.2d 748, 750 (1984) (holding Town’s “actual notice” of an accident did not remove the injured party’s duty to provide written notice under Code § 8.01-222).

22
Halberstam v. Commonwealthgreen
va · 1996 · cited in 2 Virginia opinions naming this issue, 2009–2009
2 sentences

2009Accord Haley v. Haley, 272 Va. 703, 707 , 636 S.E.2d 400 , 402 *255 (2006) (holding “actual notice” does not satisfy the written notice requirements for claiming an elective share under Code § 64.1-13); Halberstam, 251 Va. at 251-52 , 467 S.E.2d at 785 (holding “actual notice” is insufficient to satisfy the written notice requirement of the Virginia Tort Claims Act); Town of Crewe v. Marler, 228 Va. 109, 113-14 , 319 S.E.2d 748, 750 (1984) (holding Town’s “actual notice” of an accident did not remove the injured party’s duty to provide written notice under Code § 8.01-222).

2009Accord Haley v. Haley, 272 Va. 703, 707 , 636 S.E.2d 400 , 402 *255 (2006) (holding “actual notice” does not satisfy the written notice requirements for claiming an elective share under Code § 64.1-13); Halberstam, 251 Va. at 251-52 , 467 S.E.2d at 785 (holding “actual notice” is insufficient to satisfy the written notice requirement of the Virginia Tort Claims Act); Town of Crewe v. Marler, 228 Va. 109, 113-14 , 319 S.E.2d 748, 750 (1984) (holding Town’s “actual notice” of an accident did not remove the injured party’s duty to provide written notice under Code § 8.01-222).

22
DR. WILLIAM ES FLORY v. Com.green
va · 2001 · cited in 3 Virginia opinions naming this issue, 2009–2010
2 sentences

2009Ctr. v. Commonwealth, 261 Va. 230 , 541 S.E.2d 915 (2001), enforced an identical written notice requirement of the Public Procurement Act, Code § 2.2-4363, formerly Code § 11— 69(A). 10 In Flory, a dispute arose between a contractor and an agency over whether the agency should pay for services performed by the contractor prior to signing the contract.

2009Ctr. v. Commonwealth, 261 Va. 230 , 541 S.E.2d 915 (2001), enforced an identical written notice requirement of the Public Procurement Act, Code § 2.2-4363, formerly Code § 11-69(A). 10 In Flory, a dispute arose between a contractor and an agency over whether the agency should pay for services performed by the contractor prior to signing the contract.

13
BBF, INC. v. Alstom Power, Inc.green
va · 2007 · cited in 1 Virginia opinions naming this issue, 2010–2010
2 sentences

2010See also BBF, Inc. v. Alstom Power, Inc., 274 Va. 326, 331 , 645 S.E.2d 467, 469 (2007) ("In construing a statute, we must apply its plain meaning, and we are not free to add [to] language, nor to ignore language, contained in statutes." (internal quotation marks omitted)).

2010See also BBF, Inc. v. Alstom Power, Inc., 274 Va. 326, 331 , 645 S.E.2d 467, 469 (2007) ("In construing a statute, we must apply its plain meaning, and we are not free to add [to] language, nor to ignore language, contained in statutes." (internal quotation marks omitted)).

11
Howie v. Commonwealthgreen
va · 1981 · cited in 1 Virginia opinions naming this issue, 2008–2008
2 sentences

2008Show-cause orders can satisfy the written notice requirement, see, e.g., Howie v. Commonwealth, 222 Va. 625, 630 , 283 S.E.2d 197, 200 (1981), as can correspondence from prosecutors, see, e.g., Logan, 50 Va.App. at 525 , 651 S.E.2d at 406 .

2008Show-cause orders can satisfy the written notice requirement, see, e.g., Howie v. Commonwealth, 222 Va. 625, 630 , 283 S.E.2d 197, 200 (1981), as can correspondence from prosecutors, see, e.g., Logan, 50 Va.App. at 525 , 651 S.E.2d at 406 .

11
Turner v. Commonwealthgreen
va · 1976 · cited in 1 Virginia opinions naming this issue, 2001–2001
2 sentences

2001Id. at 668 , 222 S.E.2d at 519 (emphasis added).

2001Id. at 668 , 222 S.E.2d at 519 (emphasis added).

11
Larry Culver and Marine Office of America Corporation v. Boat Transit, Inc.green
ca9 · 1986 · cited in 1 Virginia opinions naming this issue, 1990–1990
1 sentence

1990The third case, Culver v. Boat Transit, Inc., 782 F.2d 1467, 1469 (9th Cir. 1986), attempted to reconcile Mackie and Taisho.

11
Dowdell v. United Statesgreen
scotus · 1911 · cited in 1 Virginia opinions naming this issue, 1976–1976
2 sentences

1976We said in Snyder Commonwealth, 202 *670 Va. 1009, 1014, 121 S.E.2d 452, 456 (1961), relying upon Dowdell United States, 221 U.S. 325, 332 (1911), that "objection to a procedural defect must be timely made if it is to avail an accused when attacking his conviction." In the present case, because the written notice requirement is procedural, all necessary parties were present at the transfer hearing, and the defendant raised no objection of inadequacy of notice either in juvenile court or at his trial in circuit court, we will not now notice the objection.

1976We said in Snyder v. Commonwealth, 202 Va. 1009, 1014 , 121 S.E.2d 452, 456 (1961), relying upon Dowdell v. United States, 221 U.S. 325, 332 (1911), that “objection to a procedural defect must be timely made if it is to avail an accused when attacking his conviction.” In the present case, because the written notice requirement is procedural, all necessary parties were present at the transfer hearing, and the defendant raised no objection of inadequacy of notice either in juvenile court or at his trial in circuit court, we will not now notice the objection.

11
Snyder v. Commonwealthgreen
va · 1961 · cited in 1 Virginia opinions naming this issue, 1976–1976
2 sentences

1976We said in Snyder Commonwealth, 202 *670 Va. 1009, 1014, 121 S.E.2d 452, 456 (1961), relying upon Dowdell United States, 221 U.S. 325, 332 (1911), that "objection to a procedural defect must be timely made if it is to avail an accused when attacking his conviction." In the present case, because the written notice requirement is procedural, all necessary parties were present at the transfer hearing, and the defendant raised no objection of inadequacy of notice either in juvenile court or at his trial in circuit court, we will not now notice the objection.

1976We said in Snyder v. Commonwealth, 202 Va. 1009, 1014 , 121 S.E.2d 452, 456 (1961), relying upon Dowdell v. United States, 221 U.S. 325, 332 (1911), that “objection to a procedural defect must be timely made if it is to avail an accused when attacking his conviction.” In the present case, because the written notice requirement is procedural, all necessary parties were present at the transfer hearing, and the defendant raised no objection of inadequacy of notice either in juvenile court or at his trial in circuit court, we will not now notice the objection.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Dr. William E.S. Flory Small Business Development Center, Inc. v. Commonwealth green
va · 2001
2 sentences

2009Ctr. v. Commonwealth, 261 Va. 230 , 541 S.E.2d 915 (2001), enforced an identical written notice requirement of the Public Procurement Act, Code § 2.2-4363, formerly Code § 11— 69(A). 10 In Flory, a dispute arose between a contractor and an agency over whether the agency should pay for services performed by the contractor prior to signing the contract.

2009Ctr. v. Commonwealth, 261 Va. 230 , 541 S.E.2d 915 (2001), enforced an identical written notice requirement of the Public Procurement Act, Code § 2.2-4363, formerly Code § 11-69(A). 10 In Flory, a dispute arose between a contractor and an agency over whether the agency should pay for services performed by the contractor prior to signing the contract.

32009–2010
Com. v. AMEC CIVIL, LLC green
va · 2010
1 sentence

2016AMEX Civil, L.L.C., 280 Va. at 408, 699 S.E.2d at 506 .

12016–2016
Logan v. Commonwealth green
vactapp · 2007
2 sentences

2008Show-cause orders can satisfy the written notice requirement, see, e.g., Howie v. Commonwealth, 222 Va. 625, 630 , 283 S.E.2d 197, 200 (1981), as can correspondence from prosecutors, see, e.g., Logan, 50 Va.App. at 525 , 651 S.E.2d at 406 .

2008Show-cause orders can satisfy the written notice requirement, see, e.g., Howie v. Commonwealth, 222 Va. 625, 630 , 283 S.E.2d 197, 200 (1981), as can correspondence from prosecutors, see, e.g., Logan, 50 Va.App. at 525 , 651 S.E.2d at 406 .

12008–2008
Perini-North River Associates, a Corporation v. Chesapeake & Ohio Railway Company and Penn Central Transportation Company green
ca3 · 1977
1 sentence

1990Id. at 274 .

11990–1990
Town of Vinton v. Falcun Corp. green
va · 1983
1 sentence

1990In the case of Town of Vinton v. Fulcun Corporation, 226 Va. 62 (1983), the Supreme Court at pp. 65-66 lists the prerequisites to a rezoning act: Code §§ 15.1-491 and 15.1-493 prescribe the procedures to be followed when a local government proposes to enact a zoning ordinance or adopt an amendment to such an ordinance.

11990–1990
Peyton v. French green
va · 1966
2 sentences

1976For similar reasons, the cases of Matthews Commonwealth, 216 Va. 358 , 218 S.E.2d 538 (1975), and Peyton French, 207 Va. 73 , 147 S.E.2d 739 (1966), relied upon by the defendant, are inapplicable here.

1976For similar reasons, the cases of Matthews Commonwealth, 216 Va. 358 , 218 S.E.2d 538 (1975), and Peyton French, 207 Va. 73 , 147 S.E.2d 739 (1966), relied upon by the defendant, are inapplicable here.

11976–1976
Matthews v. Commonwealth green
va · 1975
2 sentences

1976For similar reasons, the cases of Matthews Commonwealth, 216 Va. 358 , 218 S.E.2d 538 (1975), and Peyton French, 207 Va. 73 , 147 S.E.2d 739 (1966), relied upon by the defendant, are inapplicable here.

1976For similar reasons, the cases of Matthews Commonwealth, 216 Va. 358 , 218 S.E.2d 538 (1975), and Peyton French, 207 Va. 73 , 147 S.E.2d 739 (1966), relied upon by the defendant, are inapplicable here.

11976–1976

Statutes the citing opinions construe

VA § Va. Code Ann. § 8.01-382 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 525 (1860–2026) CT 41 (1930–2024) TX 40 (1949–2024) AL 32 (1980–2024) IL 29 (1910–2025) FL 24 (1966–2018) OK 21 (1909–2022) PA 16 (1980–2025) GA 14 (1921–2022) NC 12 (1916–2024) HI 11 (1973–2023) ND 11 (1980–2009) MD 11 (1946–2007) MA 11 (1947–2025) MN 11 (1915–2016) CA 11 (1964–2024) UT 10 (1983–2024) OH 10 (1991–2025) TN 9 (1986–2021) VA 9 (1976–2016) SD 7 (1995–2018) MO 7 (1913–2022) NM 7 (1980–2019) LA 7 (1934–2021) MI 6 (1974–2025) CO 6 (1942–2015) KS 6 (1899–2014) ME 6 (1924–2013) NJ 6 (1962–2020) MS 5 (1996–2012) DC 5 (1979–2008) IA 5 (1916–2025) IN 5 (1982–2016) SC 5 (2001–2025) RI 4 (1999–2012) WI 4 (1981–2021) NE 4 (1989–2006) VT 3 (1986–2015) AR 3 (2011–2025) NV 3 (1975–2013) AK 2 (1984–1997) WA 2 (1995–1998) KY 2 (2020–2021) MT 2 (1975–1977)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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