Set 6 Flashcards
If a party is trying to protect from annoyance, embarrassment, undue burden or expense, what must they file?
Party must motion for a protective order and include certification of good faith attempt to confer
Discovery stipulations are permitted
These are permitted in discovery unless court orders otherwise
If an earlier response was incomplete or incorrect
Party has a duty to supplement
What are the signing and certification requirements for a pleading?
Same as for a pleading
If P seeks to take a deposition before deadline for D to file a responsive pleading?
Leave of court is needed unless 1) D is served notice of taking deposition or 2) deponent is leaving VA and will be unavailable
When is the timing for depositions?
Any time after commencement of action
Where must a party be deposed?
County/city where suit is pending, adjacent county/city, place agreed upon, or place designated by court for good cause
Where must a nonparty be deposed?
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
Does a party require a subpoena for a deposition?
No, this person only requires reasonable notice of time and place of deposition without a subpoena
Does a nonparty require a subpoena for a deposition?
Yes, this person must be subpoenaed in order to appear
Objections in depositions
Must be noted on the record but deposition continues and testimony taken
Can depositions be written
These may be written or oral
Depositions can be used in court if
Witness is 1) deceased, 2) 100 miles from trial, 3) unable to attend due to age, illness, or imprisonment, 4) unable to be subpoenaed
What are interrogatories
Answers under oath
When must interrogatories be filed?
Within 21 days of service along with any objections
What is the limit on interrogatories?
30 question limit including subparts unless authorized by court
When do requests for admissions have to be answered?
These must be answered or object to within 21 days of service of request. D has at least 28 days after service of complaint
What is the limit for admissions?
Limited to 30 requests, but admission of genuineness of documents are unlimited
How is discovery enforced?
A party may move for an order to compel discovery if they have attempted to resolve dispute
What can the court do to enforce discovery?
Court can deem matters admitted, strike pleadings, hold in contempt, grant default judgment, and order payment of attorney’s fees
What happens if D fails to file a responsive pleading within 21 days of service (or 60/90 days if waived)?
Default can occur
What relief can D seek from default?
D can seek leave of court to file a responsive pleading if D can establish a good cause for failure to file
How long does a D have to move to set aside judgment
D has 21 days after entry of a default judgment
What is a motion for summary judgment?
Party argues that there is no material fact that is genuinely in dispute
When can a motion for summary judgment be filed?
This motion can be filed any time after responsive pleadings
What party can file a motion for summary judgment?
Either party can file this motion
