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

Virginia Rule 4:1 permits discovery of any non-privileged matter relevant to the subject matter of the pending action, which is broader than the admissibility standard applied at trial.

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

Virginia Rule 4:8 limits each party to 25 interrogatories, including all discrete subparts, without obtaining leave of court.

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

Summary judgment under Virginia Rule 3:20 requires that there be no genuine dispute of material fact and that the moving party be entitled to judgment as a matter of law.

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

Under Va. Code § 8.01-335, a circuit court may dismiss a civil case that has not been brought to trial within 3 years after commencement of the action.

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

Virginia Rule 4:1(b)(3) grants opinion work product—an attorney's mental impressions, conclusions, opinions, and legal theories—the strongest protection, requiring extraordinary circumstances to overcome.

(VA Bar) Virginia Bar Exam Practice Test

(VA Bar) Virginia Bar Exam Practice Test

VA Bar Civil Procedure 2