Discovery

Question 1

What are the procedural rules for Subpoenas and SDTs in GDC?

Answer 1

Should file a request for subpoena at least 15 days before trial. If you file after that, you must show good cause.

Question 2

A party who anticipates that her response to a discovery request will require her to produce electronically stored information (ESI) proposes…

Answer 2

a discovery protocol for ESI.

Question 3

The discovery protocol for ESI must be within…

Answer 3

21 days after being served with the request (28 if the request accompanied the complaint).

Question 4

If the other party does not agree to the ESI discovery protocol, what happens?

Answer 4

the parties must make a good faith effort to meet within 15 days to work it out.

Question 5

In a case in which P seeks punitive damages, can he get information about D’s net worth and gross earnings?

Answer 5

Yes, because those are relevant to punitive damages.

Question 6

Can a party respond to an interrogatory by referring the requesting party to documents in which the answers can be found?

Answer 6

Yes, if it’s done with sufficient detail.

Question 7

In producing documents, the documents must be…

Answer 7

presented as kept in the usual course of business or organized and labeled to correspond with categories in the request.

Question 8

Can a party seek discovery of another party’s insurance coverage that could not be admitted at trial?

Answer 8

Yes. Discoverable is broader than admissible

Question 9

If your husband is unconscious and the two eyewitnesses to the accident intend to leave the country, what should you do?

Answer 9

1. Become the husband’s fiduciary
2. Subpoena the witnesses
3. File a verified petition in the court where husband resides, seeking perpetuation of testimony (court can order depo even if no suit is officially filed)

Question 10

Rules regarding discovery in circuit court are the same as in federal court, except for these rules:

Answer 10

Generally mirrors federal rules, except:

Distinctions:

• No mandatory disclosures
• 21 days rather than 30 days for deadlines
• 30 is the max for interrogatories
• No limit on number of depositions
• No requests for production against non-parties

Question 11

What is the rule regarding discovery in GDC?

Answer 11

There is no discovery

Parties can compel witnesses to attend trial through:

• Subpoena
• Subpoena duces tecum

Question 12

If in response to a request for admission, D refuses to respond, what is the result?

Answer 12

Because D failed to deny, it is treated as an admission

“If you don’t deny you will surely fry”

Question 13

In which cases is discovery narrower in Virginia?

Answer 13

• Divorce
• Habeas corpus
• Eminent domain

Question 14

For subpoenas, what is the standard for information requested:

• In Federal court
• In Virginia

Answer 14

Federal court

• Must be relevant to a claim or defense

Virginia

• Must be relevant to subject matter of pending action

Relevant = reasonably calculated to lead to admissible evidence