Case 1:16-cv-00540-AJT-MSN Document 37 Filed 07/28/17 Page 12 of 20 PageID# 3268 rule includes the set forth in a complaint, counterclaim, cross claim for third-party pleading. Id. 1:6(a). Rule 1:6, by its explicit terms, governs the res judicata effect of Plaintiff’s Petition, as that Petition is clearly a “civil proceeding.” But Plaintiff claims that the rule does not apply because Rule 1:6(b), by its terms, applies to “civil actions,” id. 1:6(b), and his Petition was not a “civil action,” even if a “civil proceeding” because it was an administrative appeal. In support of this position, he cites Rule 2A:4 (“Appeals Pursuant to the Administrative Process Act”), which states that a petition appealing an administrative decision must “be served (as in a civil action),” arguing that by virtue of this quoted language, an administrative appeal must be something other than a “civil action.” Though creative, Plaintiff’s hyper-textual argument ignores the very next rule, Rule 2A:5, which states that “[f]urther proceedings in an appeal under this Part Two-A shall be governed by the rules contained in Part Three.” Id. 2A:5. Part Three, in turn, sets forth the rules applicable to “Practice and Procedure in Civil Actions.” Id. 3. Rule 3:1 states: There shall be one form of civil case, known as a civil action. These Rules apply to all civil actions, in the circuit courts, whether the claims involved arise under legal or equitable causes of action, unless otherwise provided by law. These rules apply in cases appealed or removed to such courts from inferior courts whenever applicable to such cases. . . . Whenever in this Part Three the words “action” or “suit” appear they shall refer to a civil action, which may include legal and equitable claims. Id. 3:1. Rule 1:6 applies to Plaintiff’s Loudon County action that was dismissed on August 5, 2016 with prejudice. It was a civil proceeding, and it was one that was subject to the general provisions of the Supreme Court Rules, which include Rule 1.6. The Petition itself was given a “case number,” see Petition at 1, and as Rule 3.1 makes clear, there is only one form of a “civil case” and that one form is a “civil action.” 12

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