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RELATED DOCUMENTS:
Virginia - Fairfax Circuit
Virginia - Fairfax Circuit
Virginia - Fairfax Circuit
Virginia - Fairfax Circuit
Virginia - Fairfax Circuit


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 Motion to Compel Discovery

 

 Virginia Circuit Court
 Fairfax County

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 Timing

Reasonable Notice

A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order more...   

Discovery Cut-Off

Thirty (30) Days Before Trial

According to the Uniform Pretrial Scheduling Order, parties must complete discovery, including depositions, by 30 days before trial. more...

Completion of Discovery

"Complete" means that all interrogatories, requests for production, requests for admissions and other discovery must be served sufficiently in more...

Parties Must Meet and Confer Before Presenting Motion

A motion to compel must be accompanied by a certification that the movant has in good faith conferred more...

Scheduling the Hearing

All civil case motions in circuit court must be scheduled by either presenting the motion on a day more...

Moving Papers Reasonable Notice , At Least 7 Days

Reasonable notice of the presentation of a motion mustbe served on all counsel of record.Absent leave of court, and except as provided in paragraph (c) of this Rule, reasonable notice must be more...

Briefing Schedule

Counsel of record may elect or the court may require the parties to file briefs in support of more...

Papers 5 or Fewer Pages, Moving Papers--14 Days Before Hearing

If the notice and brief in support of the motion are less than 5 pages in length, they more...

Opposition Papers-- 7 Days Before Hearing

If the notice and brief in support of the motion are less than 5 pages in length, opposition more...

Reply Briefs--No Timing Requirements

Reply briefs are neither prohibited nor required in Virginia practice and the rules do not specify timing requirements more...

Papers Exceeding 5 Pages in Length

If the notice and brief exceed 5 pages, the court may set an alternative hearing date, notice requirement more...

Local Rules Re Discovery Dispute Motions

"Two Week Motions"

A discovery dispute in Fairfax County Circuit Court is a "two week motion." Docket Procedures, 6A, available online at . more...

Filing and Service Schedule for Two Week Motions

Two week motions must be filed by 4:00 p.m. at least two (2) Fridays prior to the date more...

Responding Papers--Two Week Motions

Responding papers must be filed at the Clerk s Office by 4:00 p.m. on the Friday prior to the more...

Friday Motions--Thirty (30) Minutes or Less to Argue

If a motion cannot be argued in less than thirty (30) minutes, it may not be scheduled as more...

Flow Chart

A flow chart depicting the Fairfax County motions procedures can be found by clicking on then "Friday Motions more...

 Rules and Requirements

Appropriate Court

An application for an order to a party may be made to the court in which the action more...

Grounds

If a deponent fails to answer a question propounded or submitted under Rule 4:5 or 4:6, or a more...

Electronically Stored Information

A party need not provide discovery of electronically stored information from sources that the party identifies as not reasonably more...

Certification of Good Faith Meet and Confer

A motion to compel must be accompanied by a certification that the movant has in good faith conferred more...

Denial of Motion, Protective Order

If the court denies the motion in whole or in part, it may make such protective order as more...

Evasive or Incomplete Answers

An evasive or incomplete answer is to be treated as a failure to answer. . more...

Award of Expenses

If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent whose more...

Failure to Comply With Order

Sanctions by Court in County or City Where Deposition Is Taken

If a deponent fails to be sworn or to answer a question after being directed to do so more...

Sanctions by Court in Which Action Is Pending

If a party or an officer, director, or managing agent of a party or a person designated to more...

(A) An order that the matters regarding which the order was made or any other designated facts shall more...

(B) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or more...

(C) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, more...

(D) In lieu of any of the foregoing orders or in addition thereto, an order treating as a more...

(E) Where a party has failed to comply with an order under Rule 4:10(a) requiring him to produce more...

In lieu of any of the foregoing orders or in addition thereto, the court shall require the party more...

.

Expenses on Failure to Admit

If a party fails to admit the genuineness of any document or the truth of any matter as more...

Failure of Party to Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Request for Inspection

If a party or an officer, director, or managing agent of a party or a person designated under more...

Objectionable Discovery, Application for Protective Order

The failure to act described in this subdivision may not be excused on the ground that the discovery more...

 Motion Papers

Briefs, Page Limit

Counsel of record may elect, or the court may require, the parties to file briefs in support of more...

Certification of Good Faith Meet and Confer

Any notice of motion must be accompanied by a certification that the movant has in good faith conferred more...

Additional Formatting Requirements

See Fairfax County SmartRules guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

Request for Oral Argument

Upon request of counsel of record for any party, or at the court's request, the court shall hear more...

Exception

Oral argument on a motion for reconsideration or any motion in any case where a pro se incarcerated more...

Proposed Order

Most Virginia Circuit Court judicial officers expect counsel to provide a proposed order.Usually a proposed order is submitted with moving or opposing papers, or at the time of the ruling more...

Presentation of Briefs and Arguments

No party shall be deprived of the opportunity to present its position on the merits of a motion more...

Local Rules Re Contested Motion Papers

Notice Forms

The Circuit Court has two forms for this procedure: a yellow-colored Friday Motions Day - Praecipe/Notice Form, and more...

Two Week Motions--Moving Papers

Two Week Motions require that the moving party file:the yellow Friday Motions Day - Praecipe/Notice form, the motion itself, and a memorandum of points and authorities. more...

Two Week Motions--Responding Papers

The responding party must file the green Friday Motions Day Response/Opposition to Motion form and a memorandum of more...

Two Week Motions--Additional Briefing

If a party wishes to file a longer memorandum, permission must be obtained from the Calendar Control Judge. more...

Page Limit and Type

A memorandum of points and authorities must accompany the motion and the responding papers. It cannot exceed five more...

 Filing & Service

Filing

Fairfax County SmartRules procedural guide: FILING DOCUMENTS. more...

Fees

The filing fee schedule for each Circuit Court may be found at: . more...

Service

All pleadings, motions and other papers must be served by delivering, dispatching by commercial delivery service, transmitting by facsimile, more...

Time Service is Effective

Service is effective upon such delivery, dispatch, transmission or mailing, except that papers served by facsimile transmission completed after more...

Certificate of Service

The foot of pleadings and requests must include either acceptance of service or a certificate of counsel that more...

Definition of Served

For purposes of Rule 4:15 regarding motion practice, a pleading is deemed served when it is actually received more...

 Hearing and Disposition

Oral Argument on Request

Upon request of counsel of record for any party, or at the court's request, the court shall hear more...

Exception

Oral argument on a motion for reconsideration or any motion in any case where a pro se incarcerated more...

Time Limits

A court may place reasonable limits on the length of oral argument. . more...

Presentation of Briefs and Arguments

No party shall be deprived of the opportunity to present its position on the merits of a motion more...

Local Rules re Proposed Orders

The Court requires proposed orders to be brought to a hearing in order to avoid multiple hearings on more...

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
Virginia - Fairfax Circuit
Virginia - Fairfax Circuit
Virginia - Fairfax Circuit
Virginia - Fairfax Circuit
Virginia - Fairfax Circuit