Discovery - Circuit Court

Question 1

Are there required disclosures in Virginia?

Answer 1

No

Question 2

The maximum number of interrogatories that may be served without permission in Virginia is:

Answer 2

30

Question 3

In Virginia, what is the rule limit on the number of depositions allowed?

Answer 3

There is none.

Question 4

In Virginia, material is discoverable if it

Answer 4

is relevant to the subject matter of the pending action.

Question 5

A party who anticipates that her response to a discovery request will require her to produce ESI proposes a ______ within ______ after being served with the request, or ______ if the request accompanied the complaint.

Answer 5

discovery protocol for ESI; 21 days; 28 days.

Question 6

If an opposing party does not agree to a discovery protocol for ESI, the parties must make a good effort to meet within ____ to work it out.

Answer 6

15 days

Question 7

Can a party seek discovery of the other side’s insurance coverage, even though that could not be admitted at trial?

Answer 7

Yes.

(but note that there are no required disclosures in VA.)

Question 8

In a case in which the plaintiff seeks punitive damages, can he obtain information about the defendant’s net worth and gross earnings?

Answer 8

Yes, because it is relevant. To punish the defendant, we need to know how much money she has.

(note that this would generally not be discoverable in a case involving only compensatory damages.)

Question 9

Can a party respond to an interrogatory by referring the requesting party to documents in which the answers can be found?

Answer 9

Yes, if done in sufficient detail.

Question 10

Mary tells you that her husband Pete was hit by a car driven by Dan, and is severely injured; he is hospitalized and unconscious. Dan is a citizen of Virginia. The police officer who investigated told Mary that there were two eyewitnesses. Both are Brazilian, and intend to return home soon. What two things can Mary do to advance Pete’s potential case against Dan?

Answer 10

1. Mary can become Pete’s fiduciary and sue Dan, then notice & subpoena for depositions. If the W’s are about to leave the jurisdiction, Mary can likely skip the 21-day rule; OR
2. Mary can file a verified petition in the Circuit Court where Dan resides seeking “perpetuation of testimony.” The court may order the testimony even without suit.