Pretrial Procedures and Discovery Flashcards
What rule is discovery governed by?
part 4 of the rules of supreme court of virginia
who does part 4 apply to?
only circuit court
what is the scope of discovery?
a party may obtain discovery regarding any matter not privileged that is relevant to the subject matter in the pending litigation
can info that is inadmissible at trial be discovered
yes, if is reasonably calculated to lead to discovery of admissible evidence
insurance coverage and discoverability
insurance coverage that may be available to cover any part of any judgment is discoverable
what is trial preparation materials?
work product
is work product protected from discovery?
yes
what must be shown so a party can discover another’s work product? (2)
-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
What kind of experts are discoverable?
those that are hired to offer expert testimony at trial
What kind of experts are NOT discoverable?
experts hired solely to assist at trial and not testify
What is the exception to the other party obtaining discovery on a non-testifying expert
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
What is the sequence or priority in using discovery options?
there are none in Virginia
What is a supplemental response to discovery?
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
in what situations may a party seek a deposition before a claim or appeal is filed? (2)
-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
What is the limit to the number of witnesses that can be deposed?
there is no limit, unless the court sets a limit
Depositions may be offered instead of personal testimony against any party who had reasonable notice of the taking of the depositions if: (6)
-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
what are interrogatories to party
written questions served on a PARTY requesting that the party answer those questions under oath
what is the limit on interrogatories?
limit of 30 written interrogatories, including parts and sub parts, unless the court permits additional ones
what is Requests for Admissions
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
what happens if you fail to respond to Requests?
results in the matter being taken as admitted
physical and mental examinations of persons (independent medical exam)
arises when the mental or physical condition of a party is at issue
can the other party request the examination?
yes, at the requesting party’s expense
what happens after the exam is complete?
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
what happens if a party fails to make discover
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
how long does a party have to respond to interrogatories, requests for admissions, and requests for production of documents?
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
