Va. Sup. Ct. R. 4:1

(a) Discovery Methods. — Parties may obtain discovery by one or more of the

following methods: depositions upon oral examination or written questions; written

interrogatories; production of documents, electronically stored information, or things or

permission to enter upon land or other property, for inspection and other purposes;

physical and mental examinations; and requests for admission.

(b) Scope of Discovery. — Unless otherwise limited by order of the court in

accordance with these Rules, the scope of discovery is as follows:

(1) In General. Parties 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, including the existence, description, nature, custody, condition and location

of any books, documents, or other tangible things and the identity and location of persons

having knowledge of any discoverable matter. 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. Subject to the

provisions of Rule 4:8 (g), the frequency or extent of use of the discovery methods set

forth in subdivision (a) may be limited by the court if it determines that: (i) the discovery

sought is unreasonably cumulative or duplicative, or is obtainable from some other

source that is more convenient, less burdensome, or less expensive; (ii) the party seeking

discovery has had ample opportunity by discovery in the action to obtain the information

sought; or (iii) the discovery is unduly burdensome or expensive, taking into account the

needs of the case, the amount in controversy, limitations on the parties' resources, and the

importance of the issues at stake in the litigation. The court may act upon its own

initiative after reasonable notice to counsel of record or pursuant to a motion under

subdivision (c).

(2) Insurance Agreements. A party may obtain discovery of the existence and

contents of any insurance agreement under which any person (which includes any

individual, corporation, partnership or other association) carrying on an insurance

business may be liable to satisfy part or all of a judgment which may be entered in the

action or to indemnify or reimburse for payments made to satisfy the judgment.

Information concerning the insurance agreement is not by reason of disclosure admissible

in evidence at trial. For purposes of this paragraph, an application for insurance will not

be treated as part of an insurance agreement.

(3) Trial Preparation: Materials. Subject to the provisions of subdivision (b)(4) of

this Rule, a party may obtain discovery of documents and tangible things otherwise

discoverable under subdivision (b)(1) of this Rule and prepared in anticipation of

litigation or for trial by or for another party or by or for that other party's representative

(including his attorney, consultant, surety, indemnitor, insurer, or agent) only upon a

showing that the party seeking discovery has substantial need of the materials in the

preparation of his case and that he is unable without undue hardship to obtain the

substantial equivalent of the materials by other means. In ordering discovery of such

materials when the required showing has been made, the court must protect against

disclosure of the mental impressions, conclusions, opinions, or legal theories of an

attorney or other representative of a party concerning the litigation.

A party may obtain without the required showing a statement concerning the action

or its subject matter previously made by that party. Upon request, a person not a party

may obtain without the required showing a statement concerning the action or its subject

matter previously made by that person. If the request is refused, the person may move for

a court order. The provisions of Rule 4:12(a)(4) apply to the award of expenses incurred

in relation to the motion. For purposes of this paragraph, a statement previously made is

(A) a written statement signed or otherwise adopted or approved by the person making it,

or (B) a stenographic, mechanical, electrical, or other recording, or a transcription

thereof, which is a substantially verbatim recital of an oral statement by the person

making it and contemporaneously recorded.

(4) Trial Preparation: Experts; Costs - Special Provisions for Eminent Domain

Proceedings. Discovery of facts known and opinions held by experts, otherwise

discoverable under the provisions of subdivision (b)(1) of this Rule and acquired or

developed in anticipation of litigation or for trial, may be obtained only as follows:

(A) (i) A party may through interrogatories require any other party to identify each

person whom the other party expects to call as an expert witness at trial, to state the

subject matter on which the expert is expected to testify, and to state the substance of the

facts and opinions to which the expert is expected to testify and a summary of the

grounds for each opinion.

(ii) A party may depose any person who has been identified as an expert whose

opinion may be presented at trial, subject to the provisions of subdivision (b)(4)(C) of

this Rule concerning fees and expenses.

(iii) Upon motion, the court may order further discovery by other means, subject to

such restrictions as to scope and such provisions, pursuant to subdivision (b)(4)(C) of this

Rule, concerning fees and expenses as the court may deem appropriate.

(iv) Drafts of expert reports, disclosures, or interrogatory responses called for by

subdivision (b)(4)(A)(i) of this Rule are not discoverable except on a showing of

exceptional circumstances under which it is impractical for the party seeking discovery to

obtain otherwise discoverable information contained in the draft by other means. The

party seeking discovery of such information bears the burden of proving such exceptional

circumstances.

(v) Communications between a party’s attorney and any expert witness expected to

testify at trial are not discoverable except to the extent that such communications relate to

compensation for the expert’s work on the case or identify facts or assumptions that the

expert considered or relied upon in forming the opinions to be expressed.

(vi) In ordering discovery of any material covered by subdivisions (b)(4)(A)(iv) or

(b)(4)(A)(v) of this Rule, the court must in all events protect against disclosure of the

mental impressions, conclusions, opinions, or legal theories of an attorney or other

representative of a party concerning the litigation.

(B) A party may discover facts known or opinions held by an expert who has been

retained or specially employed by another party in anticipation of litigation or preparation

for trial and who is not expected to be called as a witness at trial, only upon a showing of

exceptional circumstances under which it is impracticable for the party seeking discovery

to obtain facts or opinions on the same subject by other means.

(C) Unless manifest injustice would result, (i) the court must require that the party

seeking discovery pay the expert a reasonable fee for time spent and expenses incurred in

responding to discovery under subdivisions (b)(4)(A)(ii), (b)(4)(A)(iii), and (b)(4)(B) of

this Rule; and (ii) with respect to discovery obtained under subdivision (b)(4)(A)(iii) of

this Rule the court may require, and with respect to discovery obtained under subdivision

(b)(4)(B) of this Rule the court must require, the party seeking discovery to pay the other

party a fair portion of the fees and expenses reasonably incurred by the latter party in

obtaining facts and opinions from the expert.

(D) Notwithstanding the provisions of subdivision (b)(4)(C) of this Rule, the

condemnor in eminent domain proceedings, when it initiates discovery, must pay all

reasonable costs thereof, including the cost and expense of those experts discoverable

under subdivision (b) of this Rule. The condemnor will be deemed to have initiated

discovery if it uses, or gives notice of the use of, any discovery method before the

condemnee does so, even though the condemnee subsequently engages in discovery.

(5) Limitations on Discovery in Certain Proceedings. In any proceeding (1) for

separate maintenance, divorce, or annulment of marriage, (2) for the exercise of the right

of eminent domain, or (3) for a writ of habeas corpus or in the nature of coram nobis; (a)

the scope of discovery extends only to matters which are relevant to the issues in the

proceeding and which are not privileged; and (b) no discovery is allowed in any

proceeding for a writ of habeas corpus or in the nature of coram nobis without prior leave

of the court, which may deny or limit discovery in any such proceeding. In any

proceeding for divorce or annulment of marriage, a notice to take depositions must be

served in the Commonwealth by an officer authorized to serve the same, except that, in

cases where such suits have been commenced and an appearance has been made on

behalf of the defendant by counsel, notices to take depositions may be served in

accordance with Rule 1:12.

(6) Claims of Privilege or Protection of Trial Preparation Materials.

(i) When a party withholds information otherwise discoverable under these rules by

claiming that it is privileged or subject to protection as trial preparation material, the

party must make the claim expressly and must describe the nature of the documents,

communications, or things not produced or disclosed in a manner that, without revealing

information itself privileged or protected, will enable other parties to assess the

applicability of the privilege or protection.

(ii) If a party believes that a document or electronically stored information that has

already been produced is privileged or its confidentiality is otherwise protected the

producing party may notify any other party of such claim and the basis for the claimed

privilege or protection. Upon receiving such notice, any party holding a copy of the

designated material must sequester or destroy its copies thereof, and may not duplicate or

disseminate such material pending disposition of the claim of privilege or protection by

agreement, or upon motion by any party. If a receiving party has disclosed the

information before being notified of the claim of privilege or other protection, that party

must take reasonable steps to retrieve the designated material. The producing party must

preserve the information until the claim of privilege or other protection is resolved.

(7) Electronically Stored Information. A party need not provide discovery of

electronically stored information (“ESI”) from sources that the party identifies as not

reasonably accessible because of undue burden or cost. On motion to compel discovery

or for a protective order, the party from whom discovery is sought has the burden of

showing that the information is not reasonably accessible because of undue burden or

cost. If that showing is made, the court may nonetheless order discovery from such

sources if the requesting party shows good cause, considering the limitations of Rule

4:1(b)(1). The court may specify conditions for the discovery, including allocation of the

reasonable costs thereof.

If the party receiving a discovery request anticipates that it will require the

production of ESI and that an ESI protocol is needed, then within 21 days of being served

with the request, or within 28 days of service of requests served with the Complaint, the

receiving party should propose an ESI protocol that addresses: (A) an initial list of

custodians or the person(s) with knowledge of the party’s custodians and the location of

ESI, (B) a date range, (C) production specifications, (D) search terms, and (E) the

identification and return of inadvertently revealed privileged materials. If the proposed

protocol is not acceptable, the parties must in good faith attempt to meet within 15 days

from service of the protocol on the party requesting the ESI. If, after 15 days from service

of the protocol, the parties are unable to agree to limits on the discovery of the ESI, on

motion to compel discovery or for a protective order, the court will, in its discretion,

determine appropriate limitations or conditions on the ESI request, if any, including

allocation of the reasonable costs thereof.

(8) Pre-Motion Negotiation. A motion under 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.

(c) Protective Orders. — Upon motion by a party or by the person from whom

discovery is sought, 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, and for good cause shown, the court in which the action is

pending or alternatively, on matters relating to a deposition, the court in the county or

city where the deposition is to be taken, may make any order which justice requires to

protect a party or person from annoyance, embarrassment, oppression, or undue burden

or expense, including one or more of the following: (1) that the discovery not be had; (2)

that the discovery may be had only on specified terms and conditions, including a

designation of the time or place; (3) that the discovery may be had only by a method of

discovery other than that selected by the party seeking discovery; (4) that certain matters

not be inquired into, or that the scope of the discovery be limited to certain matters; (5)

that discovery be conducted with no one present except persons designated by the court;

(6) that a deposition after being sealed be opened only by order of the court; (7) that a

trade secret or other confidential research, development, or commercial information not

be disclosed or be disclosed only in a designated way; (8) that the parties simultaneously

file specified documents or information enclosed in sealed envelopes to be opened as

directed by the court. If the subpoena duces tecum seeks a nonparty’s financial records or

a nonparty’s records protected by the attorney-client privilege, such nonparty may move

for a protective order, and for such other relief permitted by this subsection, in

accordance with Code § 8.01-420.9.

If the motion for a protective order is denied in whole or in part, the court may, on

such terms and conditions as are just, order that any party or person provide or permit

discovery. The provisions of Rule 4:12(a)(4) apply to the award of expenses incurred in

relation to the motion.

(d) Sequence and Timing of Discovery. —

(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, will not operate to delay any other party's discovery.

(2) Discovery continues after a demurrer, plea or dispositive motion addressing one

or more claims or counter-claims has been filed and while such motion is pending

decision – unless the court in its discretion orders that discovery on some or all issues in

the action should be suspended.

(e) Supplementation of Responses. — A party who has responded to a request for

discovery is under a duty to supplement or correct the response to include information

thereafter acquired in the following circumstances.

(1) A party is under a duty promptly to amend and/or supplement all responses to

discovery requests directly addressed to (A) the identity and location of persons having

knowledge of discoverable matters, and (B) the identity of each person expected to be

called as an expert witness at trial, the subject matter on which the expert is expected to

testify, and the substance of the expert's testimony, when additional or corrective

information becomes available.

(2) A party is under a duty promptly to amend and/or supplement all other prior

responses to interrogatories, requests for production, or requests for admission if the party

learns that any such response is in some material respect incomplete or incorrect and if

the additional or corrective information has not otherwise been made known to the other

parties during the discovery process or in writing.

(3) A court may order, or the parties may agree to provide, supplementation in

addition to that required in subsections (1) and (2) of this subpart (e).

(4) A party may supplement a prior discovery response by filing an updated response

labelled "Supplemental" or "Amended", or by otherwise notifying all other parties of the

updated information in writing, signed by counsel of record.

(f) Service Under This Part. — Except for the service of the notice required under

Rule 4:2(a)(2), any notice or document required or permitted to be served under this Part

Four must be served as provided in Rule 1:12 except that any notice or document

permitted to be served with the initial pleading may be served (or accepted) in the same

manner as such pleading.

(g) Signing of Discovery Requests, Responses, and Objections. — Every request for

discovery or response or objection thereto made by a party represented by an attorney

must be signed by at least one attorney of record in the attorney’s individual name, whose

address must be stated. A party who is not represented by an attorney must sign the

request, response, or objection, and state the party’s address. The signature of the

attorney or party constitutes a certification that the signer has read the request, response,

or objection, and that to the best of the signer’s knowledge, information, and belief

formed after a reasonable inquiry it is: (1) consistent with these Rules and warranted by

existing law or a good faith argument for extension, modification, or reversal of existing

law; (2) not interposed for any improper purpose, such as to harass or to cause

unnecessary delay or needless increase in the cost of litigation; and (3) not unreasonable

or unduly burdensome or expensive, given the needs of the case, the discovery already

had in the case, the amount in controversy and the importance of the issues at stake in the

litigation. General or blanket objections to discovery requests are prohibited. If a request,

response, or objection is not signed, it will be stricken unless it is signed no later than 21

days after the omission is called to the attention of the party making the request,

response, or objection, and a party is not obligated to take any action with respect to it

until it is signed.

(1 ) Raising Signature Defects; Waiver. —

(a) The issue of a signature defect must be raised in the trial court prior to

the entry of the final order;

(b) A party waives an objection to a signature defect in a discovery

request, response, or objection by failing to raise the issue in the trial court

in time for the defect to be corrected.

(2) Effect of Curing Signature Defects. If a signature defect is timely cured, the

discovery request, response, or objection is deemed valid and relates back to the

date it was originally served. When a party objects to a signature defect in a

discovery request, however, the objecting party’s time to respond to the discovery

request runs from the date the signature defect is cured.

If a certification is made in violation of the rule, the court, upon motion or upon its

own initiative, may impose upon the person who made the certification, the party on

whose behalf the request, response, or objection is made, or both, an appropriate sanction,

which may include an order to pay the amount of the reasonable expenses incurred

because of the violation, including a reasonable attorney’s fee.