Motion to Compel Disclosures of Expert Opinion in Virginia

What Is a Motion to Compel Disclosures of Expert Opinion?

Understanding the Purpose and Significance of a Motion to Compel Disclosures of Expert Opinion

“Motions to compel are generally utilized in a discovery context.” (See Reid v. Reid, Record No. 1862-16-1, at *7 n.3 (Va. Ct. App. Aug. 29, 2017).)

“Discovery is the process by which facts resting within the knowledge of one party are disclosed to another party in a suit or proceeding in court.” (See Temple v. Mary Wash. Hosp., Inc. (2014) 762 S.E.2d 751, 754.)

“The overarching purpose of discovery is to clarify and narrow the issues in litigations, so as to efficiently resolve disputes. This purpose makes litigation less of a game of blindman's bluff and more of a contest that seeks a fair and adequate resolution of a dispute.” (See State ex rel. Mingo Cnty. Bd. of Educ. v. Thompson, No. 21-0311, at *10-11 (W. Va. Nov. 16, 2021).)

“Rule 4:1(b)(1) states that with certain exceptions [p]arties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party." (See Nizan v. Wells Fargo Bank (2007) 274 Va. 481, 500.)

“Rule 4:1(b)(4)(A)(i) provides that [a] party may through interrogatories require any other party to identify each expected expert witness and state the substance of the facts and opinions to which the expert is expected to testify." (See Padula-Wilson v. Wilson, Record No. 1203-14-2, at *9 (Va. Ct. App. Apr. 14, 2015).)

“The purpose of the disclosure requirement in Rule 4:1(b) is to provide the parties the opportunity to discover the expert witnesses' opinions in preparation for trial.” (See id; Woodbury v. Courtney (1990) 239 Va. 651, 654, 391 S.E.2d 293, 295.)

Procedural Steps Involved in Filing a Motion to Compel Disclosures of Expert Opinion

"Under the rule governing the discovery of expert opinions, a party can require another party to identify each expected expert witness, to state the subject matter on which the expert is expected to testify, and to state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion." (See Rule 4:1(b)(4)(a); Hansen v. Hansen, No. 1128-21-1, at *7 n.5 (Va. Ct. App. June 28, 2022).)

“A party may depose any person who has been identified as an expert whose opinion may be presented at trial, subject to the provisions of subdivision (b)(4)(C) of this Rule concerning fees and expenses.” (See Va. R. Sup. Ct. 4:1(b)(4)(a)(ii).)

“Upon motion, the court may order further discovery by other means, subject to such restrictions as to scope and such provisions, pursuant to subdivision (b)(4)(C) of this Rule, concerning fees and expenses as the court may deem appropriate.” (See Va. R. Sup. Ct. 4:1(b)(4)(a)(iii).)

“Drafts of expert reports, disclosures, or interrogatory responses called for by subdivision (b)(4)(A)(i) of this Rule are not discoverable except on a showing of exceptional circumstances under which it is impractical for the party seeking discovery to obtain otherwise discoverable information contained in the draft by other means. The party seeking discovery of such information bears the burden of proving such exceptional circumstances.” (See Va. R. Sup. Ct. 4:1(b)(4)(a)(iv).)

“A party may discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial, only upon a showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other means.” (See Va. R. Sup. Ct. 4:1(b)(4)(b).)

Discretion of the Court in Deciding a Motion to Compel Disclosures of Expert Opinion

"Whether a witness is qualified to testify as an expert is a matter within the sound discretion of the trial court, and we appl[y] an abuse of discretion standard when reviewing a trial court's decision to admit expert opinion testimony.” (See Sizov v. Sizov, Record No. 1704-19-4, at *21 (Va. Ct. App. Dec. 8, 2020); Online Res. Corp. v. Lawlor (2013) 285 Va. 40, 59.)

"Additionally, appellate courts generally review a trial court's ruling on the grant or denial of discovery requests under an abuse of discretion standard." (See Patel v. Rabinowitz ex rel. Lakhani Assocs. (2022) 75 Va. App. 663, 669-70; Temple v. Mary Washington Hosp., Inc. (2014) 288 Va. 134, 139, 762 S.E.2d 751.)

“A trial court commits an abuse of discretion when:

  1. it fails to consider a relevant factor that should have been given significant weight;
  2. it considers and gives significant weight to an irrelevant or improper factor; or
  3. it considers all proper factors, and no improper ones, but, in weighing those factors, the court commits a clear error in judgment.”

(See Barnes v. Commonwealth (2020) 72 Va.App. 160, 167; Race v. Commonwealth, No. 0691-22-4, at *4 (Va. Ct. App. Dec. 29, 2022).)

“The abuse of discretion standard recognizes that a court has a range of choice and that its decision will not be disturbed as long as it stays within that range and is not influenced by any mistake of law." (See Galiotos v. Galiotos (2021) 300 Va. 1, 10, 858 S.E.2d 653; Payne v. Payne (2023) 77 Va. App. 570, 590.)

"Although we review a ruling on discovery for abuse of discretion, a lower court's interpretation of a statute or the rules of the Supreme Court of Virginia presents a question subject to de novo review on appeal." (See Patel v. Rabinowitz ex rel. Lakhani Assocs. (2022) 75 Va. App. 663, 669-70; Nimety v. Commonwealth (2016) 66 Va. App. 432, 437, 786 S.E.2d 835.)

Legal Precedents and Case Law on a Motion to Compel Disclosures of Expert Opinion

It is well settled that “the plain language of Rule 4:1(b)(1) indicates, a party's request for discovery will not be denied so long as it is relevant to the subject matter involved in the pending action. The rule thus establishes a broad scope for discovery requests, defining the relevancy of such requests by relation to the subject matter of the action, regardless of whether [they] relate to the claim or defense of the party seeking discovery or to the claim or defense of any other party." (See Hall v. Hall, Record No. 2021-04-4, at *1 (Va. Ct. App. Oct. 11, 2005); Lyle, Siegel, Croshaw Beale, P.C. v. Tidewater Capital Corp. (1995) 249 Va. 426, 438-39, 457 S.E.2d 28, 36.)

It is also well settled that “pursuant to Rule 4:12(b)(2), a trial court may sanction a party for failing to obey an order to provide or permit discovery.” (See Landrum v. Johnston-Willis Hospitals (2011) 282 Va. 346, 352.)

Dockets for Motion to Compel Disclosures of Expert Opinion in Virginia

Filed

May 07, 2024

Court

Arlington County

County

Arlington County, VA

Practice Area

Torts

Matter Type

Automobile

Filed

Apr 25, 2024

Court

Southampton County

County

Southampton County, VA

Practice Area

Criminal

Matter Type

General Criminal

Filed

Mar 26, 2024

Court

Southampton County

County

Southampton County, VA

Practice Area

Criminal

Matter Type

General Criminal

Filed

Mar 22, 2024

Court

Prince William County

County

Prince William County, VA

Practice Area

Probate

Matter Type

Estate Administration

Filed

Mar 14, 2024

Court

Prince William County

County

Prince William County, VA

Filed

Mar 08, 2024

Court

Albemarle County

County

Albemarle County, VA

Filed

Mar 01, 2024

Court

Albemarle County

County

Albemarle County, VA

Filed

Feb 27, 2024

Court

Prince William County

County

Prince William County, VA

Practice Area

Probate

Matter Type

General Probate

Filed

Feb 20, 2024

Court

Prince William County

County

Prince William County, VA

Practice Area

Probate

Matter Type

Estate Administration

Filed

Feb 13, 2024

Court

Prince William County

County

Prince William County, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Feb 06, 2024

Court

Norfolk city

County

Norfolk City, VA

Filed

Feb 01, 2024

Court

Southampton County

County

Southampton County, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Jan 18, 2024

Status

Transfer

Court

Winchester city

County

Winchester City, VA

Filed

Jan 17, 2024

Court

Virginia Beach city

County

Virginia Beach City, VA

Filed

Jan 10, 2024

Court

King George County

County

King George County, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Jan 05, 2024

Court

Williamsburg city

County

Williamsburg City, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Dec 28, 2023

Court

Prince William County

County

Prince William County, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Dec 28, 2023

Court

York County

County

York County, VA

Filed

Dec 21, 2023

Court

Prince William County

County

Prince William County, VA

Practice Area

Torts

Matter Type

Malpractice

Filed

Dec 20, 2023

Court

Prince William County

County

Prince William County, VA

Practice Area

Torts

Matter Type

Intentional Torts

Filed

Dec 19, 2023

Court

York County

County

York County, VA

Filed

Dec 19, 2023

Court

York County

County

York County, VA

Filed

Dec 18, 2023

Court

York County

County

York County, VA

Filed

Dec 18, 2023

Court

York County

County

York County, VA

Filed

Dec 18, 2023

Court

Henrico County

County

Henrico County, VA

Practice Area

Criminal

Matter Type

General Criminal

Filed

Dec 18, 2023

Court

Henrico County

County

Henrico County, VA

Practice Area

Criminal

Matter Type

General Criminal

Filed

Dec 08, 2023

Status

Active

Court

Alexandria city

County

Alexandria City, VA

Category

Civil Action

Filed

Dec 08, 2023

Court

Loudoun County

County

Loudoun County, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Dec 08, 2023

Court

Henrico County

County

Henrico County, VA

Practice Area

Criminal

Matter Type

General Criminal

Filed

Dec 06, 2023

Court

Prince George County

County

Prince George County, VA

Practice Area

Torts

Matter Type

Automobile

Filed

Dec 06, 2023

Court

Virginia Beach city

County

Virginia Beach City, VA

Filed

Dec 06, 2023

Court

Virginia Beach city

County

Virginia Beach City, VA

Filed

Dec 01, 2023

Court

Loudoun County

County

Loudoun County, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Dec 01, 2023

Court

Henrico County

County

Henrico County, VA

Practice Area

Criminal

Matter Type

General Criminal

Filed

Nov 29, 2023

Court

Norfolk city

County

Norfolk City, VA

Practice Area

Torts

Matter Type

Automobile

Filed

Nov 09, 2023

Court

Henrico County

County

Henrico County, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Nov 08, 2023

Court

King and Queen County

County

King And Queen County, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Nov 06, 2023

Court

Fredericksburg city

County

Fredericksburg City, VA

Practice Area

Torts

Matter Type

Automobile

Filed

Nov 06, 2023

Court

Norfolk city

County

Norfolk City, VA

Practice Area

Torts

Matter Type

Automobile

Filed

Nov 03, 2023

Court

Loudoun County

County

Loudoun County, VA

Filed

Nov 03, 2023

Court

Loudoun County

County

Loudoun County, VA

Filed

Nov 02, 2023

Status

Dismissal

Court

Prince William County

County

Prince William County, VA

Filed

Oct 30, 2023

Court

Norfolk city

County

Norfolk City, VA

Practice Area

Commercial

Matter Type

Breach of Contract

Filed

Oct 26, 2023

Court

Norfolk city

County

Norfolk City, VA

Filed

Oct 25, 2023

Court

Spotsylvania County

County

Spotsylvania County, VA

Filed

Oct 25, 2023

Court

Henrico County

County

Henrico County, VA

Filed

Oct 25, 2023

Court

Norfolk city

County

Norfolk City, VA

Filed

Oct 23, 2023

Court

Henrico County

County

Henrico County, VA

Practice Area

Torts

Matter Type

General Torts

Filed

Oct 20, 2023

Court

Prince William County

County

Prince William County, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Oct 19, 2023

Court

Carroll County

County

Carroll County, VA

Filed

Oct 19, 2023

Court

Prince William County

County

Prince William County, VA

Practice Area

Torts

Matter Type

Automobile

Filed

Oct 11, 2023

Court

Norfolk city

County

Norfolk City, VA

Practice Area

Torts

Matter Type

Automobile

Filed

Oct 11, 2023

Court

Henrico County

County

Henrico County, VA

Filed

Oct 10, 2023

Court

Norfolk city

County

Norfolk City, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Oct 06, 2023

Court

Fredericksburg city

County

Fredericksburg City, VA

Practice Area

Commercial

Matter Type

Breach of Contract

Filed

Oct 05, 2023

Court

Louisa County

County

Louisa County, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Oct 04, 2023

Court

Middlesex County

County

Middlesex County, VA

Filed

Sep 29, 2023

Court

Loudoun County

County

Loudoun County, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Sep 28, 2023

Court

Northampton County

County

Northampton County, VA

Practice Area

Criminal

Matter Type

Forfeiture

Filed

Sep 28, 2023

Court

Norfolk city

County

Norfolk City, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Sep 28, 2023

Court

Norfolk city

County

Norfolk City, VA

Filed

Sep 26, 2023

Court

Prince William County

County

Prince William County, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Sep 26, 2023

Court

Loudoun County

County

Loudoun County, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Sep 25, 2023

Court

Norfolk city

County

Norfolk City, VA

Practice Area

Commercial

Matter Type

Breach of Contract

Filed

Sep 25, 2023

Court

Middlesex County

County

Middlesex County, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Sep 25, 2023

Court

Loudoun County

County

Loudoun County, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Sep 22, 2023

Court

Northampton County

County

Northampton County, VA

Practice Area

Criminal

Matter Type

Forfeiture

Filed

Sep 22, 2023

Status

Dismissal

Court

Loudoun County

County

Loudoun County, VA

Filed

Sep 22, 2023

Court

King George County

County

King George County, VA

Practice Area

Torts

Matter Type

Automobile

Filed

Sep 22, 2023

Court

Norfolk city

County

Norfolk City, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Sep 21, 2023

Court

Norfolk city

County

Norfolk City, VA

Practice Area

Torts

Matter Type

Automobile

Filed

Sep 20, 2023

Court

Williamsburg city

County

Williamsburg City, VA

Filed

Sep 18, 2023

Court

Spotsylvania County

County

Spotsylvania County, VA

Practice Area

Torts

Matter Type

Automobile

Filed

Sep 18, 2023

Court

Spotsylvania County

County

Spotsylvania County, VA

Practice Area

Torts

Matter Type

Automobile

Filed

Sep 18, 2023

Court

Loudoun County

County

Loudoun County, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Sep 14, 2023

Court

Prince William County

County

Prince William County, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Sep 14, 2023

Court

Prince William County

County

Prince William County, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Sep 14, 2023

Court

Norfolk city

County

Norfolk City, VA

Filed

Sep 14, 2023

Court

Henrico County

County

Henrico County, VA

Practice Area

Torts

Matter Type

Automobile

Filed

Sep 13, 2023

Court

Warren County

County

Warren County, VA

Practice Area

Torts

Matter Type

Automobile

Filed

Sep 12, 2023

Status

Dismissal

Court

Henrico County

County

Henrico County, VA

Practice Area

Creditor

Matter Type

Collections

Filed

Sep 11, 2023

Court

Henry County

County

Henry County, VA

Filed

Sep 11, 2023

Court

Loudoun County

County

Loudoun County, VA

Filed

Sep 08, 2023

Court

Norfolk city

County

Norfolk City, VA

Practice Area

Torts

Matter Type

Automobile

Filed

Sep 08, 2023

Court

Prince William County

County

Prince William County, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Sep 07, 2023

Court

Petersburg city

County

Petersburg City, VA

Practice Area

Torts

Matter Type

Automobile

Filed

Sep 07, 2023

Court

Hanover County

County

Hanover County, VA

Filed

Sep 07, 2023

Court

Norfolk city

County

Norfolk City, VA

Practice Area

Creditor

Matter Type

Collections

Filed

Sep 05, 2023

Court

Prince William County

County

Prince William County, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Sep 05, 2023

Court

Norfolk city

County

Norfolk City, VA

Practice Area

Torts

Matter Type

Automobile

Filed

Sep 01, 2023

Court

Fluvanna County

County

Fluvanna County, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Aug 31, 2023

Court

Loudoun County

County

Loudoun County, VA

Practice Area

Torts

Matter Type

Intentional Torts

Filed

Aug 30, 2023

Court

Prince William County

County

Prince William County, VA

Practice Area

Torts

Matter Type

Intentional Torts

Filed

Aug 30, 2023

Court

Spotsylvania County

County

Spotsylvania County, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Aug 30, 2023

Court

Northumberland County

County

Northumberland County, VA

Practice Area

Torts

Matter Type

Automobile

Filed

Aug 30, 2023

Court

Northumberland County

County

Northumberland County, VA

Practice Area

Torts

Matter Type

Automobile

Filed

Aug 30, 2023

Court

Henrico County

County

Henrico County, VA

Filed

Aug 29, 2023

Court

Norfolk city

County

Norfolk City, VA

Filed

Aug 29, 2023

Court

Prince William County

County

Prince William County, VA

Practice Area

Family

Matter Type

Divorce,Separation

Filed

Aug 28, 2023

Court

Prince William County

County

Prince William County, VA

Practice Area

Family

Matter Type

Divorce,Separation

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