Pretrial Procedures and Discovery

Question 1

What rule is discovery governed by?

Answer 1

part 4 of the rules of supreme court of virginia

Question 2

who does part 4 apply to?

Answer 2

only circuit court

Question 3

what is the scope of discovery?

Answer 3

a party may obtain discovery regarding any matter not privileged that is relevant to the subject matter in the pending litigation

Question 4

can info that is inadmissible at trial be discovered

Answer 4

yes, if is reasonably calculated to lead to discovery of admissible evidence

Question 5

insurance coverage and discoverability

Answer 5

insurance coverage that may be available to cover any part of any judgment is discoverable

Question 6

what is trial preparation materials?

Answer 6

work product

Question 7

is work product protected from discovery?

Answer 7

yes

Question 8

what must be shown so a party can discover another’s work product? (2)

Answer 8

-a substantial need for the work product materials, and
-that he is unable without undue hardship to obtain the substantial equivalent of the material by other means

Question 9

What kind of experts are discoverable?

Answer 9

those that are hired to offer expert testimony at trial

Question 10

What kind of experts are NOT discoverable?

Answer 10

experts hired solely to assist at trial and not testify

Question 11

What is the exception to the other party obtaining discovery on a non-testifying expert

Answer 11

the requesting party shows exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other means

Question 12

What is the sequence or priority in using discovery options?

Answer 12

there are none in Virginia

Question 13

What is a supplemental response to discovery?

Answer 13

a party who has responded to a request for discovery must file these if he discovers that responses earlier filed are incomplete or incorrect and the information has not otherwise been made known to the other side

Question 14

in what situations may a party seek a deposition before a claim or appeal is filed? (2)

Answer 14

-a person desires to perpetuate his own testimony or that of another person, regarding a matter that may be litigated (ie someone is close to dying)
-a judgment has been rendered by a CC and an appeal is pending or the time for taking the appeal has not run

Question 15

What is the limit to the number of witnesses that can be deposed?

Answer 15

there is no limit, unless the court sets a limit

Question 16

Depositions may be offered instead of personal testimony against any party who had reasonable notice of the taking of the depositions if: (6)

Answer 16

-witness is dead
-witness lives at a distance greater than 100 miles from the place of trial
-the witness is unable to attend due to age, illness, infirmity, or imprisonment
-the party is unable to get the witness to court by a subpoena
-the witness is a judge or certain other persons designated in the rule, or
-the witness is out of state (unless you procured the absence) no matter how close the state is

Question 17

what are interrogatories to party

Answer 17

written questions served on a PARTY requesting that the party answer those questions under oath

Question 18

what is the limit on interrogatories?

Answer 18

limit of 30 written interrogatories, including parts and sub parts, unless the court permits additional ones

Question 19

what is Requests for Admissions

Answer 19

requests a PARTY to admit a statement or opinion of fact of the application of law to the facts with respect to the current litigation

purpose is to limit the issues to be litigated at trial

Question 20

what happens if you fail to respond to Requests?

Answer 20

results in the matter being taken as admitted

Question 21

physical and mental examinations of persons (independent medical exam)

Answer 21

arises when the mental or physical condition of a party is at issue

Question 22

can the other party request the examination?

Answer 22

yes, at the requesting party’s expense

Question 23

what happens after the exam is complete?

Answer 23

the examiner files a written report with the court as to the outcome fo the examination, and the party examined is entitled to read the report

Question 24

what happens if a party fails to make discover

Answer 24

after going thru the discovery process, can ask the court to order party to comply. if the orders compliance, but the party does not comply, the court has wide discretion to impose appropriate sanctions

Question 25

how long does a party have to respond to interrogatories, requests for admissions, and requests for production of documents?

Answer 25

must respond within 21 days. however if the modes of discovery are served upon a defendant with the initial complaint, the defendant has 28 days to respond