If the clerk of court determines prior to acceptance that an electronic document has been filed by counsel under the wrong case or docket number, the clerk must notify the filing party as soon as practicable, by notice through the EFiling system, by telephone, or by other effective means.
(1) Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery ...
‒ When the court has entered its order overruling all motions, demurrers and other pleas filed by a defendant as a responsive pleading, such defendant must, unless the defendant has already done so, file an answer within 21 days after the entry of such order, or within such shorter or longer time as the court may ...
The Virginia Rules of Evidence recognize a broad definition of writings, including “letters, words, numbers, or their equivalent, set down by handwriting, typewriting, printing, photographing, magnetic impulse, mechanical or electrical recording, or other form of data compilation or preservation.” The best evidence ...
If the deposition is not signed by the witness within 21 days of its submission to him, the officer shall sign it and state on the record the fact of the waiver or of the illness or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor; and the deposition may then be ...
If there is no practical means of submitting an electronic or digitally imaged endorsed draft, the manually endorsed document must be filed in the clerk's office. The clerk must accommodate the imaging of the document into electronic form and must retain the original endorsed document.
The parties shall complete discovery, including depositions, by 30 days before trial; however, depositions taken in lieu of live testimony at trial will be permitted until 15 days before trial.
In Virginia, a defendant can file a “plea in bar” if a single issue or state of facts creates a bar to the plaintiff's recovery. A defendant who raises a plea in bar has the burden of proof to prove that particular issue or state of facts.
Rule . Persons Before Whom Depositions May Be Taken. (a) Within this Commonwealth. Within this Commonwealth depositions may be taken before any person authorized by law to administer oaths, and if certified by his hand may be received without proof of the signature to such certificate.