Discovery in a lawsuit in Virginia refers to the phase where parties exchange relevant information and evidence. Familiarizing yourself with the discovery process in Virginia and understanding it can help you navigate your lawsuit successfully.

What is Discovery in a Lawsuit in Virginia?

The purpose of the discovery phase in a civil lawsuit is to gather facts, assess the strength of the case, and prepare for the case for trial. During discovery, each party can request documents, serve interrogatories and conduct depositions.

When discovery is delivered to a party for a response, it must be served properly. This means that there must be a legal record of the service of process to the party, or the service may be faulty.

Parties (e.g. the plaintiff and the defendant) must comply within strict deadlines, so don’t waste time. Your attorney will advise you about preparing your responses and your timelines.

The Discovery Process

In Virginia, the discovery process is governed by rules and procedures outlined in the Virginia Code.

It includes several different elements:

Interrogatories

Answering interrogatories truthfully assists in gathering crucial information for the lawsuit. Both parties must do so.  There may be more than one set of interrogatories during the discovery phase, but usually the total is limited by the rule.

Requests for Production of Documents

Parties can request production of documents, including medical records, contracts, and correspondence. This is essential for establishing the facts of the case, and finding evidence to prove them. This could include text messages, phone records or emails. There may be more than one request for production of documents in the discovery phase.

Depositions

Depositions allow attorneys to question witnesses under oath which can be valuable testimony for the case. Sometimes these sessions are video-taped, so that a jury can see the testimony rather than just read a transcript.

Purpose of Discovery in Virginia Lawsuits

Discovery helps uncover evidence, identify witnesses, and evaluate the merits of the lawsuit. It may sometimes involve inspections of facilities in addition to the above.

Discovery allows parties to build their arguments, assess the opposing side’s case, and negotiate potential settlements.

Importance of Complying with Discovery

A common question is, “Are my social media posts part of discovery?’  Misunderstanding what is discoverable can be disastrous to a case’s prospects for recovery.

In Virginia, parties have a duty to disclose relevant information and cooperate during the discovery process. Failure to comply with discovery requests or hiding evidence can result in the imposition of sanctions. This can negatively affect your case, as well as the bottom line for your case’s recovery if the consequence is financial sanctions.

As you can see, understanding the discovery process is crucial to navigate a lawsuit effectively in Virginia. By participating actively in discovery, parties can strengthen their case and pursue a favorable resolution.