Set 6

Question 1

If a party is trying to protect from annoyance, embarrassment, undue burden or expense, what must they file?

Answer 1

Party must motion for a protective order and include certification of good faith attempt to confer

Question 2

Discovery stipulations are permitted

Answer 2

These are permitted in discovery unless court orders otherwise

Question 3

If an earlier response was incomplete or incorrect

Answer 3

Party has a duty to supplement

Question 4

What are the signing and certification requirements for a pleading?

Answer 4

Same as for a pleading

Question 5

If P seeks to take a deposition before deadline for D to file a responsive pleading?

Answer 5

Leave of court is needed unless 1) D is served notice of taking deposition or 2) deponent is leaving VA and will be unavailable

Question 6

When is the timing for depositions?

Answer 6

Any time after commencement of action

Question 7

Where must a party be deposed?

Answer 7

County/city where suit is pending, adjacent county/city, place agreed upon, or place designated by court for good cause

Question 8

Where must a nonparty be deposed?

Answer 8

County/city where deponent resides, is employed, or has a PPB; place agreed on by witness and parties; place designated by court for good cause

Question 9

Does a party require a subpoena for a deposition?

Answer 9

No, this person only requires reasonable notice of time and place of deposition without a subpoena

Question 10

Does a nonparty require a subpoena for a deposition?

Answer 10

Yes, this person must be subpoenaed in order to appear

Question 11

Objections in depositions

Answer 11

Must be noted on the record but deposition continues and testimony taken

Question 12

Can depositions be written

Answer 12

These may be written or oral

Question 13

Depositions can be used in court if

Answer 13

Witness is 1) deceased, 2) 100 miles from trial, 3) unable to attend due to age, illness, or imprisonment, 4) unable to be subpoenaed

Question 14

What are interrogatories

Answer 14

Answers under oath

Question 15

When must interrogatories be filed?

Answer 15

Within 21 days of service along with any objections

Question 16

What is the limit on interrogatories?

Answer 16

30 question limit including subparts unless authorized by court

Question 17

When do requests for admissions have to be answered?

Answer 17

These must be answered or object to within 21 days of service of request. D has at least 28 days after service of complaint

Question 18

What is the limit for admissions?

Answer 18

Limited to 30 requests, but admission of genuineness of documents are unlimited

Question 19

How is discovery enforced?

Answer 19

A party may move for an order to compel discovery if they have attempted to resolve dispute

Question 20

What can the court do to enforce discovery?

Answer 20

Court can deem matters admitted, strike pleadings, hold in contempt, grant default judgment, and order payment of attorney’s fees

Question 21

What happens if D fails to file a responsive pleading within 21 days of service (or 60/90 days if waived)?

Answer 21

Default can occur

Question 22

What relief can D seek from default?

Answer 22

D can seek leave of court to file a responsive pleading if D can establish a good cause for failure to file

Question 23

How long does a D have to move to set aside judgment

Answer 23

D has 21 days after entry of a default judgment

Question 24

What is a motion for summary judgment?

Answer 24

Party argues that there is no material fact that is genuinely in dispute

Question 25

When can a motion for summary judgment be filed?

Answer 25

This motion can be filed any time after responsive pleadings

Question 26

What party can file a motion for summary judgment?

Answer 26

Either party can file this motion