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“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.)
"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).)
"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:
(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.)
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.)
May 07, 2024
Arlington County
Arlington County, VA
Apr 25, 2024
Southampton County
Southampton County, VA
Mar 26, 2024
Southampton County
Southampton County, VA
Mar 22, 2024
Prince William County
Prince William County, VA
Mar 14, 2024
Prince William County
Prince William County, VA
Mar 08, 2024
Albemarle County
Albemarle County, VA
Mar 01, 2024
Albemarle County
Albemarle County, VA
Feb 27, 2024
Prince William County
Prince William County, VA
Feb 20, 2024
Prince William County
Prince William County, VA
Feb 13, 2024
Prince William County
Prince William County, VA
Feb 06, 2024
Norfolk city
Norfolk City, VA
Feb 01, 2024
Southampton County
Southampton County, VA
Jan 18, 2024
Transfer
Winchester city
Winchester City, VA
Jan 17, 2024
Virginia Beach city
Virginia Beach City, VA
Jan 10, 2024
King George County
King George County, VA
Jan 05, 2024
Williamsburg city
Williamsburg City, VA
Dec 28, 2023
Prince William County
Prince William County, VA
Dec 28, 2023
York County
York County, VA
Dec 21, 2023
Prince William County
Prince William County, VA
Dec 20, 2023
Prince William County
Prince William County, VA
Dec 19, 2023
York County
York County, VA
Dec 19, 2023
York County
York County, VA
Dec 18, 2023
York County
York County, VA
Dec 18, 2023
York County
York County, VA
Dec 18, 2023
Henrico County
Henrico County, VA
Dec 18, 2023
Henrico County
Henrico County, VA
Dec 08, 2023
Active
Alexandria city
Alexandria City, VA
Civil Action
Dec 08, 2023
Loudoun County
Loudoun County, VA
Dec 08, 2023
Henrico County
Henrico County, VA
Dec 06, 2023
Prince George County
Prince George County, VA
Dec 06, 2023
Virginia Beach city
Virginia Beach City, VA
Dec 06, 2023
Virginia Beach city
Virginia Beach City, VA
Dec 01, 2023
Loudoun County
Loudoun County, VA
Dec 01, 2023
Henrico County
Henrico County, VA
Nov 29, 2023
Norfolk city
Norfolk City, VA
Nov 09, 2023
Henrico County
Henrico County, VA
Nov 08, 2023
King and Queen County
King And Queen County, VA
Nov 06, 2023
Fredericksburg city
Fredericksburg City, VA
Nov 06, 2023
Norfolk city
Norfolk City, VA
Nov 03, 2023
Loudoun County
Loudoun County, VA
Nov 03, 2023
Loudoun County
Loudoun County, VA
Nov 02, 2023
Dismissal
Prince William County
Prince William County, VA
Oct 30, 2023
Norfolk city
Norfolk City, VA
Oct 26, 2023
Norfolk city
Norfolk City, VA
Oct 25, 2023
Spotsylvania County
Spotsylvania County, VA
Oct 25, 2023
Henrico County
Henrico County, VA
Oct 25, 2023
Norfolk city
Norfolk City, VA
Oct 23, 2023
Henrico County
Henrico County, VA
Oct 20, 2023
Prince William County
Prince William County, VA
Oct 19, 2023
Carroll County
Carroll County, VA
Oct 19, 2023
Prince William County
Prince William County, VA
Oct 11, 2023
Norfolk city
Norfolk City, VA
Oct 11, 2023
Henrico County
Henrico County, VA
Oct 10, 2023
Norfolk city
Norfolk City, VA
Oct 06, 2023
Fredericksburg city
Fredericksburg City, VA
Oct 05, 2023
Louisa County
Louisa County, VA
Oct 04, 2023
Middlesex County
Middlesex County, VA
Sep 29, 2023
Loudoun County
Loudoun County, VA
Sep 28, 2023
Northampton County
Northampton County, VA
Sep 28, 2023
Norfolk city
Norfolk City, VA
Sep 28, 2023
Norfolk city
Norfolk City, VA
Sep 26, 2023
Prince William County
Prince William County, VA
Sep 26, 2023
Loudoun County
Loudoun County, VA
Sep 25, 2023
Norfolk city
Norfolk City, VA
Sep 25, 2023
Middlesex County
Middlesex County, VA
Sep 25, 2023
Loudoun County
Loudoun County, VA
Sep 22, 2023
Northampton County
Northampton County, VA
Sep 22, 2023
Dismissal
Loudoun County
Loudoun County, VA
Sep 22, 2023
King George County
King George County, VA
Sep 22, 2023
Norfolk city
Norfolk City, VA
Sep 21, 2023
Norfolk city
Norfolk City, VA
Sep 20, 2023
Williamsburg city
Williamsburg City, VA
Sep 18, 2023
Spotsylvania County
Spotsylvania County, VA
Sep 18, 2023
Spotsylvania County
Spotsylvania County, VA
Sep 18, 2023
Loudoun County
Loudoun County, VA
Sep 14, 2023
Prince William County
Prince William County, VA
Sep 14, 2023
Prince William County
Prince William County, VA
Sep 14, 2023
Norfolk city
Norfolk City, VA
Sep 14, 2023
Henrico County
Henrico County, VA
Sep 13, 2023
Warren County
Warren County, VA
Sep 12, 2023
Dismissal
Henrico County
Henrico County, VA
Sep 11, 2023
Henry County
Henry County, VA
Sep 11, 2023
Loudoun County
Loudoun County, VA
Sep 08, 2023
Norfolk city
Norfolk City, VA
Sep 08, 2023
Prince William County
Prince William County, VA
Sep 07, 2023
Petersburg city
Petersburg City, VA
Sep 07, 2023
Hanover County
Hanover County, VA
Sep 07, 2023
Norfolk city
Norfolk City, VA
Sep 05, 2023
Prince William County
Prince William County, VA
Sep 05, 2023
Norfolk city
Norfolk City, VA
Sep 01, 2023
Fluvanna County
Fluvanna County, VA
Aug 31, 2023
Loudoun County
Loudoun County, VA
Aug 30, 2023
Prince William County
Prince William County, VA
Aug 30, 2023
Spotsylvania County
Spotsylvania County, VA
Aug 30, 2023
Northumberland County
Northumberland County, VA
Aug 30, 2023
Northumberland County
Northumberland County, VA
Aug 30, 2023
Henrico County
Henrico County, VA
Aug 29, 2023
Norfolk city
Norfolk City, VA
Aug 29, 2023
Prince William County
Prince William County, VA
Aug 28, 2023
Prince William County
Prince William County, VA
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