Virginia Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice

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US-02707BG
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Description

The Federal Rules of Civil Procedure have been adopted by most states in one form or another. Rule 26 provides in part:



(A) forbidding the disclosure or discovery;

(B) specifying terms, including time and place, for the disclosure or discovery;

(C) prescribing a discovery method other than the one selected by the party seeking discovery;

(D) forbidding inquiry into certain matters, or limiting the scope of disclosure or discovery to certain matters;

(E) designating the persons who may be present while the discovery is conducted.

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FAQ

EDVA Local Rule 83.1 requires all foreign attorneys, including most federal government attorneys, to partner with local private counsel qualified to practice in the EDVA before appearing in a case.

A deposition of a party, or any witness designated under Rule (b)(6) to testify on behalf of a party, shall be taken in the county or city in which suit is pending, in an adjacent county or city, at a place upon which the parties agree, or at a place that the court in such suit may, for good cause, designate.

Absent leave of court, if a brief in support of a motion is five or fewer pages in length, the required notice and the brief shall be filed and served at least 14 days before the hearing and any brief in opposition to the motion shall be filed and served at least seven days before the hearing.

A motion to compel discovery is a motion where attorneys ask the court to sign an order that requires the government to give discovery to the defense. It is the most common way that defense attorneys get discovery in criminal cases.

- Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.

(1) In General. After giving public notice and an opportunity for comment, a district court, acting by a majority of its district judges, may adopt and amend rules governing its practice. A local rule must be consistent with?but not duplicate?federal statutes and rules adopted under 28 U.S.C.

A grouping of formal or informal rules or regulations, adopted and implemented at a local level, that govern the practical or procedural affairs of a local court.

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Virginia Affidavit in Support of Motion for Order that Deposition be taken at a Designated Place other than that Stated in Notice