VA Bar Civil Procedure 2

Question 1

Under Virginia Supreme Court Rule 4:1, the scope of permissible discovery in civil cases extends to:

Accepted Answer

Any non-privileged matter relevant to the subject matter of the action, even if inadmissible at trial

Answer

Only evidence admissible at trial

Answer

Only documents created within five years before the lawsuit

Answer

Information unavailable from any other source

Question 2

Under Virginia Supreme Court Rule 4:8, without leave of court, each party may serve no more than how many interrogatories on another party?

Accepted Answer

25 interrogatories

Answer

15 interrogatories

Answer

30 interrogatories

Answer

50 interrogatories

Question 3

Under Virginia Rule 3:20, a court must grant summary judgment when:

Accepted Answer

There is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law

Answer

The moving party presents stronger evidence than the nonmoving party

Answer

The nonmoving party fails to file a timely written opposition

Answer

The judge believes the moving party will likely prevail at trial

Question 4

Under Va. Code § 8.01-335, a court may strike a civil case from its docket and dismiss it for failure to prosecute if the case has not been placed on the trial docket within:

Accepted Answer

3 years of commencement

Answer

1 year of commencement

Answer

2 years of commencement

Answer

5 years of commencement

Question 5

Which category of material receives the highest level of protection under the work product doctrine in Virginia?

Accepted Answer

Attorney's mental impressions, conclusions, opinions, and legal theories prepared in anticipation of litigation

Answer

Underlying facts known to the attorney about the case

Answer

Witness statements obtained by a party before litigation began

Answer

All documents generated after a lawsuit is filed

Question 6

Before filing a motion to compel discovery responses in Virginia, counsel is generally required to:

Accepted Answer

Make a good-faith effort to resolve the dispute with opposing counsel without court intervention

Answer

Obtain a court order scheduling a discovery conference

Answer

Pay an enhanced filing fee equal to the original complaint fee

Answer

File a sworn affidavit that the information is unavailable from any other source

Question 7

In a Virginia civil trial, which party bears the burden of proof for affirmative defenses such as contributory negligence or statute of limitations?

Accepted Answer

The defendant, who must prove affirmative defenses by a preponderance of the evidence

Answer

The plaintiff, who must disprove all affirmative defenses raised

Answer

Neither party; the court determines affirmative defenses independently

Answer

The party who first raises the issue in the pleadings bears no burden at trial