Pretrial Discovery (Part VIII)

Question 1

The scope of discovery covers any non-privileged, relevant matter, and need not be admissible if

Answer 1

reasonably calculated to lead to discovery of admissible evidence.

Question 2

Trial preparation materials and work product are discoverable if

Answer 2

the party seeking discovery has substantial need and cannot obtain substantially equivalent material by other means.

Question 3

Information obtained from non-testifying experts is discoverable if

Answer 3

exceptional circumstances make it impracticable to obtain facts or opinions by other means.

Question 4

In regards to a testifying expert witness, an opposing party may discover:

Answer 4

(i) the identity of each expert witness expected to testify;
(ii) the subject matter on which the expert is expected to testify;
(iii) the substance to which the expert is expected to testify; and
(iv) a summary of the grounds for each expert opinion.

Question 5

Claims of privilege or work-product protection must expressly state

Answer 5

the protection claimed and describe the protected materials or communications.

Question 6

A subpoena is not required to depose

Answer 6

a party in the action.

Question 7

A subpoena is required to depose

Answer 7

a non-party to the action.

Question 8

Unlike in federal civil litigation, there are no time or number limitations for

Answer 8

depositions in Virginia state courts.

Question 9

Use of a deposition in a court proceeding may be used against a party who had reasonable notice of taking the deposition if the witness is:

Answer 9

(i) deceased;
(ii) 100 miles from the trial;
(iii) unable to attend due to age, illness, or imprisonment; or
(iv) unable to be subpoenaed.

Question 10

Answers to interrogatories are under oath, must be filed within 21 days of service along with any objections, and are limited in number to

Answer 10

30 questions including sub-parts, unless authorized by court.

Question 11

A written answer or objection to Requests for Admissions are required within

Answer 11

21 days of service of the request, or else are deemed admitted.

Note: Defendant has at least 28 days after service of complaint.

Question 12

The number of Requests for Admissions is limited to 30, unless

Answer 12

the judge permits more, or the requests for admissions are for the genuineness of documents (in which case such requests are unlimited).

Question 13

If a party fails to comply with discovery, the court has several options, including:

Answer 13

(i) deem matters admitted;
(ii) strike pleadings;
(iii) hold party in contempt;
(iv) grant default judgment; and
(v) order payment of attorney’s fees.

Question 14

There is generally no discovery in

Answer 14

General District Court.