How do I subpoena out-of-state documents from a nonresident non-party?

Posted Posted in Litigation

Question: How do I subpoena out-of-state documents from a nonresident non-party? Answer: Through the Uniform Interstate Deposition and Discovery Act. Code §§ 8.01-412.8 et seq. A Virginia court does not have the power to force a nonresident non-party to produce documents located out of the state.  Enforcement of a subpoena seeking out-of-state discovery is generally governed […]

Discovery Deposition Testimony may not be used as a basis for summary judgment or a motion to strike in Virginia (except for some punitive claims).

Posted Posted in Defamation, General, Litigation, Personal Injury Law

Question: Can a litigant in Virginia state courts use discovery deposition testimony as a basis for summary judgment or a motion to strike the evidence? Answer: No.  Unless the parties agree, Virginia Code § 8.01-420 specifically excludes such use, except for claims of punitive damages in cases that do not involve operation of a motor […]