[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient Name] [Recipient's Attorney] [Recipient's Address] [City, State, ZIP Code] Re: Order Denying Motion to Reopen Deposition Dear [Recipient's Name], I hope this letter finds you well. I am writing to inform you that the deposition in the case of [Case Name] against [Defendant's Name], which was held on [Deposition Date], cannot be reopened as per the order issued by the honorable [Judge's Name] on [Order Date]. The order, a copy of which is enclosed with this letter, denies your motion to reopen the deposition filed on [Motion Filing Date] on the grounds that the motion fails to meet the required criteria for reopening depositions. The court has considered the arguments presented in your motion, as well as the opposition filed by the opposing party, and concluded that the motion is without merit. The court's decision is primarily based on the following factors: 1. Insufficient Justification: The motion failed to provide adequate reasoning or evidence justifying the need for reopening the deposition. It is crucial for parties seeking to reopen a deposition to demonstrate exceptional circumstances that justify overriding the finality typically associated with concluded depositions. 2. Prejudice to the Opposing Party: The court recognized that reopening the deposition at this stage could cause unnecessary prejudice to the opposing party. The potential for witness unavailability, memory fading, or undue burden on the opposing party would significantly affect their ability to adequately prepare and respond. Please be advised that this order is final and binding. Therefore, the originally concluded deposition shall remain as is, and no further depositions will be permitted unless authorized through subsequent court orders under exceptional circumstances. If you have any further inquiries or require additional information regarding this matter, please do not hesitate to contact me directly at [Your Phone Number] or via email at [Your Email Address]. Thank you for your attention to this matter. Sincerely, [Your Name]
Fairfax Virginia Sample Letter for Order Denying Motion to Reopen Deposition
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FAQ
Code § 8.01-286.1, a motion to dismiss must be filed within sixty (60) days after the date the request for waiver was sent. If the defendant is outside the Commonwealth, the motion must be filed within ninety (90) days of the date the waiver was sent. V.S.C.R. (a) (amended eff 7/5/21).
There's a 30-day deadline to petition for appeal from a Circuit Court judgment to the Virginia Court of Appeals. In criminal cases, there is no right to an appeal from the Circuit Court, and the majority of the petitions to the Virginia Court of Appeals are rejected.
Original Jurisdiction:? the authority of a court to hear and decide a case in the first instance over the authority of other courts. ? For example, trial courts are courts of original jurisdiction in many cases.
A. A party may file a petition for reconsideration of an agency's final decision made pursuant to § 2.2-4020. The petition shall be filed with the agency not later than 15 days after service of the final decision and shall state the specific grounds on which relief is requested.
The deadline to file a Motion for Reconsideration will be a certain period of time after the judge has issued the order that you would like to have reconsidered or after you are served with the order, often between 14 and 30 days. You may want to speak with a lawyer in your state about the time line to file a motion.
Rule . Answers, Pleas, Demurrers and Motions. (a) Response Requirement. ? A defendant shall file pleadings in response within 21 days after service of the summons and complaint upon that defendant.
? A defendant must file pleadings in response within 21 days after service of the summons and complaint upon that defendant, or if service of the summons Page 2 2 has been timely waived on request under Code § 8.01-286.1, within 60 days after the date when the request for waiver was sent, or within 90 days after that
Unless otherwise ordered by the commission, any response to a motion must be filed within 14 days of the filing of the motion, and any reply by the moving party must be filed within 10 days of the filing of the response. §§ 12.1-13 and 12.1-25 of the Code of Virginia.
Grounds of and period for filing motion for reconsideration. Within the period for taking an appeal, the aggrieved party may move for reconsideration upon the grounds that the evidence is insufficient to justify the decision or final order, or that the decision or final order is contrary to law.
A. Reconsideration is the first step in the appeals process for a claimant who is dissatisfied with the initial determination on his or her claim, or for individuals (e.g. auxiliary claimants) who show that their rights are adversely affected by the initial determination.
