Discovery/ Trial

Question 1

What is the limit on number of interrogatories in Virginia and federally?

Answer 1

Virginia: 30; Federally: 25.

Question 2

What is the time limit to respond to interrogatories in Virginia?

Answer 2

21 days.

Question 3

Is there a limit on depositions in Virginia?

Answer 3

No, there is no limit on depositions in Virginia (10 in federal court).

Question 4

What is the scope of discovery under Rule 4:1?

Answer 4

Any matter not privileged and relevant to the subject matter involved in the pending action, whether related to a claim or defense.

Question 5

SOL time limits

Answer 5

-Implied ( unwritten) contracts → 3 years

• Written contract → 5 years
• Personal injury → 2 years
• Property damages → 5 years ( start/ stop nuisance several 5 years SOLs)

-Property damage under UCC → 4 years ( breach of warranty for goods )

-Defamation → 1 year

-Fraud → 2 years

Question 6

When does the SOL start to run in Virginia?

Answer 6

From the date of injury or breach, not the date of discovery, except for fraud, which starts when discovered.

Question 7

what happens if incident happened on saturday 12/26/13 on P claim & P files 12/28/15?

Answer 7

Under Va. Code , if the date of a breach falls on a weekend or holiday when the courthouse is closed, the filing deadline is extended to the next business day. Therefore, a filing made on the following Monday, would be timely, and the statute of limitations is not expired.

Question 8

When is the SOL tolled for amended complaints?

Answer 8

the SOL is tolled if the suit is filed against the correct party and complies with relation-back rules.

Question 9

When does the SOL start for an infant?

Answer 9

The SOL begins to run when the infant reaches the age of 18.

Question 10

Can a party use deposition testimony Summary judgment?

Answer 10

Unlike the federal rules, absent a stipulation of the parties, the use of deposition testimony in support of a summary judgment motion is prohibited unless all parties agree to their use.

Summary judgment should ONLY be based on pleadings and admissions.

Question 11

What is the size of the jury in Virginia?

Answer 11

Case involves less than $25,000

7 jurors
Case involves $25,000 or more

5 jurors
Parties consent

3 jurors

Question 12

How many jurors have to agree in order to get a verdict?

Answer 12

It must be unanimous, unless:

Parties agree otherwise
It is a three person jury (in which case 2 votes is fine)

Question 13

Can a party who files a complaint recover more than he seeks in the complaint:

Answer 13

Virginia

No