Pleadings/Discovery

Question 1

A pleading is a complaint or

Answer 1

answer

Question 2

In Virginia, before a party amends a pleading it must

Answer 2

file a motion seeking leave to amend and include the amended pleading in the motion

Question 3

A leave be granted liberally, the court will consider 3 factors

Answer 3

1) Movants bad faith
2) Prejudice to non movant
3) Futility- which is an inquiry into the merits of the proposed amendment

Question 4

A claim that is added to a previously filed lawsuit will “relate back” if

Answer 4

The new claim arises out the same transaction or occurrence as the original

Question 5

Unlike adding a new claim, adding a new party to a suit after the SOL has expired can only be done when

Answer 5

1) The claim against the new party relates arises out the same transaction or occurrence

2) The new party had actual notice of within the time period that the D had to be served (SOL +1 year)

3) The D expected to be sued but was not sue because of a mistake in party

Question 6

A misnomer is a mistake in name but not

Answer 6

a mistake in identification. P only needs to correct to reflect D’s real name and there is no SOL problem

Question 7

A party may only seek discovery of

Answer 7

relevant information, which is information that has a potential to make a fact in dispute more or less probable that does not result in a undue burden

Question 8

Work Products are

Answer 8

Documents or other tangible objects created in anticipation of litigation and are not discoverable

Question 9

A party can always discovery

Answer 9

1) Their own statement

2) Crucial information that is otherwise not obtainable (death of witness)

Question 10

The AC privilege

Answer 10

extends to communications between attorney and client fr the purpose of obtaining legal advice and can be waived by client

Question 11

Undue Burden exists in 3 circumstances

Answer 11

1) Discovery sought is unreasonably cumulative or can be obtained from a less burdensome source

2) The party seeking discovery has already had ample opportunity to obtain the information

3) The expense/burden of the proposed discovery outweighs its benefits

Question 12

You can only discover information from Only experts who will

Answer 12

Testify.

Question 13

You can discover ______ from a expert who will testify at trial

Answer 13

1) Experts final report stating her opinion

2) Communications relating compensation

3) Communications relating to the date provided by the attorney to the expert

Question 14

Unlike in Federal court, Virgina does not have

Answer 14

Mandatory Initial discolures

Question 15

In Virginia you are limited to ___ interrogatories

Answer 15

30

Question 16

In Virginia, you are limited to ___ Request for Admission

Answer 16

30

Question 17

There is no limit to the request for production of things or documents but

Answer 17

they may be curtailed if they result in a undue burden

Question 18

A request for mental examination

Answer 18

1) must be relevant and
2) requires court approval

Question 19

Unlike federal court which limits a party 10 depositions without seeking leave of court, Virgina

Answer 19

has no limit on depositions

Question 20

A deposition of a party or unavailable non party can

Answer 20

be used for any purpose

Question 21

Deposition of a present non party can

Answer 21

be used to impeach the deponent

Question 22

A party may depose a witness before filing suit if

Answer 22

there is a reason to believe that the witness will not be available for deposition after the suit has been filed

Question 23

For discovery requests from a non party, you must

Answer 23

subpoena that party - Two types
1) Subpoena for production
2) Subpoena for deposition testimony

Question 24

A non party can object to a subpoena by

Answer 24

asserting that it seeks information outside the scope of the discovery

Question 25

Unlike, in Federal court where The time limited to respond to subpoena is 30 days , in Virginia the time limit

Answer 25

is 21 days