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“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.)
“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.)
“It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.” (See Hall v. Hall, Record No. 2021-04-4, at *1 (Va. Ct. App. Oct. 11, 2005).)
“One purpose of the discovery process is to disclose all relevant and material evidence before trial in order that the trial may be an effective method for arriving at the truth and not a battle of wits between counsel.” (See Little v. Cooke (2007) 274 Va. 697, 717; Moore v. Moore, Record No. 0314-20-4, at *21 (Va. Ct. App. Oct. 27, 2020).)
“A sanction is a discretionary measure employed by a trial court to coerce a party to comply with a discovery order or to punish a party for abusing the judicial system.” (See Ange v. York/Poquoson Department of Social Services (2002) 37 Va. App. 615, 632.)
“Pretrial discovery rules require litigants to respond to discovery requests in a timely and forthcoming manner.” (See Mikhaylov v. Sales (2016) 784 S.E.2d 286, 290.)
As such, 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.)
“Pursuant to Rule 4:12(b)(2), a trial court may sanction a party that fails to obey an order to provide or permit discovery.” (See Galloway v. Cnty. of Northampton (2021) 855 S.E.2d 848, 851.)
“Rule 4:12(b) provides, if a party . . . fails to obey an order to provide or permit discovery, . . . the court in which the action is pending may make such orders in regard to the failure as are just[.]” (See Spaid v. Spaid, No. 0021-22-4, at *10 (Va. Ct. App. Oct. 25, 2022).)
Specifically, the rule states that “a party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows… (2) Motion. If a deponent fails to answer a question propounded or submitted under Rule 4:5 or 4:6, or a corporation or other entity fails to make a designation under Rule 4:5(b)(6) or 4:6(a), or a party fails to answer an interrogatory submitted under Rule 4:8, or if a party, in response to a request for inspection submitted under Rule 4:9, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, the discovering party may move for an order compelling an answer, or a designation, or an order compelling inspection in accordance with the request.” (See Va. R. Sup. Ct. 4:12(a)(2).)
“A motion under subdivision (a) of this Rule must be accompanied by a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action.” (See id.)
“If the court denies the motion in whole or in part, it may make such protective order as it would have been empowered to make on a motion made pursuant to Rule 4:1(c).” (See id.)
“If the motion is granted, the court must, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust.” (See Va. R. Sup. Ct. 4:12(a)(4).)
“If the motion is denied, the court must, after opportunity for hearing, require the moving party or the attorney advising the motion or both of them to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust.” (See id.) “If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner.” (See id.)
“In any event, Rule 4:12 gives the trial court broad discretion in determing what sanctions, if any, will be imposed upon a litigant who fails to respond timely to discovery." (See Woodbury v. Courtney (1990) 239 Va. 651, 654, 391 S.E.2d 293, 295; Rappold v. Indiana Lumbermens Mutual Ins. Co. (1993) 246 Va. 10, 14-15.)
“The Supreme Court has made clear that [a] trial court generally exercises broad discretion in determining the appropriate sanction for failure to comply with an order relating to discovery.” (See Spaid v. Spaid, No. 0021-22-4, at *10 (Va. Ct. App. Oct. 25, 2022).)
“This standard requires the Court to show enough deference to a primary decision maker's judgment that the [reviewing] court does not reverse merely because it would have come to a different result in the first instance.” (See Race v. Commonwealth, No. 0691-22-4, at *4 (Va. Ct. App. Dec. 29, 2022).)
“A trial court's decisions on such matters will generally not be reversed on appeal unless the action taken was improvident and affected substantial rights.” (See Temple v. Mary Wash. Hosp., Inc. (2014) 762 S.E.2d 751, 753.)
“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 “Rule 4:12 governs the imposition of sanctions for [f]ailure to [m]ake [d]iscovery. This rule permits circuit courts to strike a party's claims or defenses for failure to comply with a discovery order. Moreover, Rule 4:12(d) expressly authorizes the court to strike a party's claims or defenses for failure to timely serve answers to interrogatories. This rule gives the trial court broad discretion in determining what sanctions, if any, will be imposed upon a litigant who fails to respond timely to discovery." (See Woodbury v. Courtney (1990) 239 Va. 651, 654, 391 S.E.2d 293, 295; Jeff Coal, Inc. v. Phillips (1993) 16 Va. App. 271, 278.)
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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