VA CIV PRO

Question 1

A homeowner filed a complaint containing a breach of contract claim against a builder, but did not attach the contract to the complaint. What responsive pleading can the builder assert to force the homeowner to produce the contract as an attachment to the complaint?

Answer 1

Motion craving oyer

Question 2

In regard to Plaintiff’s personal injury claim, Plaintiff is examined by two treating physicians. Physician number 1 is expected to testify at Plaintiff’s trial, however, physician number 2 is not expected to be called as a witness. Counsel for the defendant wishes to take the deposition of physician number 2, to which counsel for Plaintiff objects. How should the court rule on the objection?

Answer 2

Sustain the objection unless counsel for the defendant can show that it would be impracticable for the defendant to obtain facts and opinions on the same subject by other means.