Civil Discovery in Virginia

Civil Discovery in Virginia
Publication Date: 2017
Electronic Forms: 26
Available Formats: Print (597 pages, softcover, 1 volume)
  Electronic (searchable PDF via flash drive, CD, or immediate download)
  Both Print and Electronic formats
Product #: 881

Information

Content Highlights:
  • Planning and Using Discovery
  • Scope of Discovery
  • Interrogatories
  • Inspection of Documents, Things, and Places
  • Initiating and Preparing for Depositions
  • Taking and Defending Depositions
  • Depositions Used and Taken in Other States
  • Physical and Mental Examination of Persons
  • Discovery of Experts
  • Requests for Admission
  • Judicial Supervision and Enforcement
  • Key Discovery Principles
  • Discovery in The Digital Age

"Because discovery is now the central focus of a civil litigator’s life, being equipped to maximize your skills at this endeavor is more critical than ever. Most cases are never tried today for many reasons, including the effectiveness of ADR and the barriers presented by staggering cost of ESI discovery, so handling discovery is most often where a lawyer’s skills are tested. If your practice is in Virginia state courts, this book should be your constant companion." - Wyatt B. Durrette, Jr., Editor

Civil Discovery in Virginia penetratingly analyzes every aspect of discovery that a civil litigator in Virginia will confront, as well as tactics for both the party seeking discovery and the party protecting a client’s privileged or sensitive material. Looking only through court opinions to find answer to somewhat esoteric questions can be challenging and burdensome—this book will eliminate or at least seriously minimize that need.

This 2017 edition is current through July 2017. Tom Spahn’s update on ethics, privileges, and the work product doctrine reflects several changes in Virginia’s ethical rules and the courts’ interpretation of them. New rules for dealing with nonresident, nonparties from whom a resident party seeks documents is also covered. Justice Kelsey’s chapter on Judicial Supervision and Enforcement includes a host of new and “oldies but goodies,” sanctions decisions from around the country.


You may also be interested in:


Virginia Civil Practice Forms
Federal Civil Practice in Virginia law book
Federal Civil Practice in Virginia

A Guide to the Rules of Evidence in Virginia

Objections: Interrogatories, Depositions, and Trial

Appellate Practice - Virginia and Federal Courts

Attorney Fees and Sanctions - Virginia and Federal Courts

Insurance Law in Virginia

The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner's Guide
A Virginia-Specific Summary Guide: The Attorney-Client Privilege and the Work Product Doctrine
A Virginia-Specific Summary Guide: The Attorney-Client Privilege and the Work Product Doctrine

The Virginia Arbitration Roadmap

 

Table of Contents

CHAPTER LIST

1. Planning and Using Discovery

2. Scope of Discovery

3. Interrogatories

4. Inspection of Documents, Things, and Places

5. Initiating and Preparing for Depositions

6. Taking and Defending Depositions

7. Depositions Used and Taken in Other States

8. Physical and Mental Examination of Persons

9. Discovery of Experts

10. Requests for Admission

11. Judicial Supervision and Enforcement

12. Key Discovery Principles

13. Discovery in the Digital Age


CHAPTER 1: PLANNING AND USING DISCOVERY

1.1 AN OVERVIEW OF DISCOVERY PLANNING
        1.101 In General
        1.102 Why Plan Discovery?
        1.103 Nature and Type of Case
    
1.2 THE LAW OF DISCOVERY
        1.201 Court Rules
        1.202 Statutes
        1.203 Case Law

1.3 THE DISCOVERY PLAN
        1.301 Objectives
        1.302 Preservation of Evidence
        1.303 Preservation of the Client’s Information
        1.304 Preservation of Third Party Evidence
        1.305 Electronic Discovery
        1.306 Formulating the Plan
        1.307 The Uniform Pretrial Scheduling Order

1.4 PRIORITY AND SEQUENCE OF DISCOVERY
        1.401 In General
        1.402 Examples of Case-Specific Discovery Sequences

1.5 SAMPLE DISCOVERY PLAN—PRODUCTS LIABILITY
CHEMICAL EXPLOSION CASE

1.6 METHODS AND TOOLS OF DISCOVERY
        1.601 Informal Discovery Tools
        1.602 Formal Discovery Tools
        1.603 Other Statutory Devices
        1.604 Exchange of Information Pursuant to a Scheduling
        Order

1.7 USING DISCOVERY
        1.701 In General
        1.702 Depositions
        1.703 Requests for Admissions
        1.704 Interrogatories

1.8 PROFESSIONALISM AND DISCOVERY CONFERENCES

APPENDIX 1-1: SCHEDULING ORDER

APPENDIX 1-2: SCHEDULING ORDER

APPENDIX 1-3: UNIFORM PRETRIAL SCHEDULING ORDER

APPENDIX 1-4: SAMPLE ENTRIES FOR A DISCOVERY PLAN—
PRODUCTS LIABILITY CHEMICAL EXPLOSION CASE

APPENDIX 1-5: WORKSHEET—UNIFORM PRE TRIAL
SCHEDULING ORDER RULE 1:18

CHAPTER 2: SCOPE OF DISCOVERY

2.1 SCOPE OF CHAPTER

2.2 LIBERAL DISCOVERY AND RULE 4:1(B)

2.3 RELEVANCE
        2.301 Relevance to the Subject Matter
        2.302 Reasonably Calculated to Lead to Discovery of
        Admissible Evidence
        2.303 Discoverability of Specific Kinds of Information

2.4 PRIVILEGES LIMITING SCOPE OF DISCOVERY
        2.401 Attorney-Client Privilege
        2.402 Doctor-Patient Privilege and Related Limitations
        2.403 Privilege for Communications Between Counselors,
        Social Workers, and Psychologists and Their Clients
        2.404 Marital Communications Privilege
        2.405 Priest-Penitent Privilege
        2.406 Protection for Trade Secrets
        2.407 Privilege Against Self-Incrimination
        2.408 State Secrets Privilege
        2.409 Privileges Afforded to Government Executives and
        Officials
        2.410 Accountant-Client Privilege
        2.411 Bank-Customer or Banker-Depositor Privilege
        2.412 Privilege Related to Insurance
        2.413 Privilege Related to Tax Information
        2.414 Privilege Related to Disclosure of News-Gathering
        Process
        2.415 Self-Evaluation Privilege
        2.419 Miscellaneous Privileges and Limitations on Discovery
    
2.5 WORK PRODUCT PROTECTION

2.6 WAIVER
        2.601 Introduction
        2.602 Waiver by Voluntary Disclosure
        2.603 Waiver by Inadvertent Disclosure
        2.604 Waiver by Making a Claim or Defense in an Action
        2.605 Waiver by Immunity

CHAPTER 3: INTERROGATORIES

3.1 IN GENERAL
        3.101 Nature and Purpose
        3.102 Rules of Court
        3.103 Use of Interrogatories Generally
    
3.2 TIMING, NUMBER, AND FORMAT OF INTERROGATORIES
AND USE OF FORMS
        3.201 Timing
        3.202 Number
        3.203 Format and Instructions
        3.204 Use of Forms
        3.205 Filing

3.3 SCOPE AND CONTENT OF INTERROGATORIES
        3.301 Identifying Persons with Knowledge of Discoverable
        Matters
        3.302 Identifying Experts and Their Expected Testimony
        3.303 Identifying Facts
        3.304 Identifying Documents
        3.305 Insurance Information
        3.306 Contention Interrogatories

3.4 RESPONDING TO INTERROGATORIES—ANSWERS AND
OBJECTIONS
        3.401 Duty to Answer and When to Answer
        3.402 Grounds for Objection
        3.403 Supplementation of Responses

3.5 USING LEGAL ASSISTANTS TO DRAFT
INTERROGATORIES AND RESPONSES

3.6 MOTIONS CONCERNING INTERROGATORIES
        3.601 Motion for a Protective Order
        3.602 Motion to Compel Answers
        3.603 Motion for Sanctions

3.7 USE OF INTERROGATORIES FOR SUMMARY JUDGMENT
OR AT TRIAL

APPENDIX 3-1: SAMPLE INTERROGATORIES

APPENDIX 3-2: SAMPLE OBJECTIONS

APPENDIX 3-3: SAMPLE OATHS TO BE EXECUTED BY
RESPONDING PARTY

CHAPTER 4: INSPECTION OF DOCUMENTS, THINGS, AND
PLACES

4.1 OVERVIEW

4.2 AUTHORITY AND SCOPE
        4.201 Rules of the Virginia Supreme Court
        4.202 Federal Rules of Civil Procedure
        4.203 Scope of Discovery
        4.204 Uniform Interstate Depositions and Discovery Act

4.3 LIMITATIONS
        4.301 In General
        4.302 Protective Orders
        4.303 Privileged Materials

4.4 ELEMENTS OF THE REQUEST
        4.401 Persons to Whom a Request May Be Directed
        4.402 Leave of Court
        4.403 Timing of Service
        4.404 Description of Material Sought
        4.405 Signature and Filing Requirements
        4.406 Form of Production

4.5 RESPONSE
        4.501 Timing of Response
        4.502 Manner of Response
    
4.6 NONCOMPLIANCE
        4.601 Motion to Compel
        4.602 Discovery Orders and Sanctions
        4.603 Motion to Show Cause

4.7 PRODUCTION OF PARTICULAR THINGS
        4.701 Insurance Agreements
        4.702 Accident Reports
        4.703 Tax Returns and Financial Statements
        4.704 Experts’ Materials
        4.705 Hospital Incident Reports and Other Documents
        4.706 Medical Records

APPENDIX 4-1: REQUEST FOR PRODUCTION OF DOCUMENTS

APPENDIX 4-2: REQUEST FOR PRODUCTION OF DOCUMENTS
AND THINGS

APPENDIX 4-3: REQUEST FOR PRODUCTION OF DOCUMENTS

APPENDIX 4-4: REQUEST FOR SUBPOENA DUCES TECUM

APPENDIX 4-5: REQUEST FOR PERMISSION TO ENTER UPON
LAND

APPENDIX 4-6: MOTION FOR A PROTECTIVE ORDER

APPENDIX 4-7: STIPULATION AGREEMENT AND PROTECTIVE
ORDER

APPENDIX 4-8: SUBPOENA DUCES TECUM FOR HEALTH
INFORMATION

APPENDIX 4-9: LETTER TO HEALTH CARE PROVIDER
REGARDING SUBPOENA FOR HEALTH INFORMATION

CHAPTER 5: INITIATING AND PREPARING FOR
DEPOSITIONS

5.1 OVERVIEW

5.2 MECHANICS OF DEPOSITIONS
        5.201 In General
        5.202 Place of Deposition
        5.203 Notice of Examination (Deposition)
        5.204 Notice of Deposition of a Corporate Designee
        5.205 Telephone, Teleconference, and Video Conference
        Depositions
        5.206 Videotaped Depositions
        5.207 De Bene Esse Depositions
        5.208 Handling Objections at a Deposition
        5.209 Timing and Sequence of Depositions
        5.210 Subpoenaed Presence
        5.211 Reimbursement for Travel Expenses

5.3 EVALUATION AND GOAL SETTING
        5.301 In General
        5.302 Identifying Deponents
        5.303 Practical and Strategic Considerations
        5.304 General Evidentiary Considerations

5.4 PURPOSES OF DEPOSITIONS
        5.401 Assessment of Foundation, Credibility, Effectiveness,
        and Bias
        5.402 Discovery of Information
        5.403 Impeachment
        5.404 Support for Motions
        5.405 Support for Requests for Admissions
        5.406 Settlement
        5.407 Use as Evidence at Trial
        5.408 Rules of Evidence
        5.409 Binding Effect of Depositions

5.5 THE VIRGINIA HUMAN RIGHTS ACT
        5.501 In General
        5.502 Review of Case Law, Jury Instructions, and Statutes
        5.503 Review of Experts, Facts, and Key Elements of Case
        5.504 Preparation of the Favorable Witness or Client
        5.505 Party Participation

5.6 PREPARATION AND TECHNIQUES FOR QUESTIONING
        5.601 Modes of Questioning
        5.602 Attorney-Client Privilege and Work Product
        Protection
        5.603 Guarding One’s Theories and Strategies

5.7 AVOIDING MISTAKES THAT CAN LEAD TO SANCTIONS
        5.701 Thorough Preparation
        5.702 Importance of the Truth
        5.703 Other Grounds for Sanctions

5.8 “TRICKS” OF THE TRADE

5.9 TIPS FOR WORKING WITH CLIENTS
APPENDIX 5-1: NOTICE OF DEPOSITION DUCES TECUM
(AUTOMOBILE ACCIDENT)

APPENDIX 5-2: NOTICE OF DEPOSITION DUCES TECUM FOR
CORPORATE DESIGNEE

APPENDIX 5-3: DEPOSITION PREPARATION—ATTORNEY
CHECKLIST

APPENDIX 5-4: DEPOSITION PREPARATION—CLIENT
DEPOSITION CHECKLIST

APPENDIX 5-5: DEPOSITION PREPARATION—TIPS FOR
WITNESSES

CHAPTER 6: TAKING AND DEFENDING DEPOSITIONS

6.1 GENERAL CONSIDERATIONS
        6.101 Introduction
        6.102 Importance of Preparation
    
6.2 CONDUCTING THE DEPOSITION
        6.201 Controlling the Deposition
        6.202 Stipulations and Objections

6.3 ERRORS AND IRREGULARITIES

6.4 HANDLING IMPROPER BEHAVIOR
        6.401 In General
        6.402 Making the Record
        6.403 Resolving Disputes with Opposing Counsel
        6.404 Judicial Intervention
        6.405 Defense Considerations

6.5 USES OF THE DEPOSITION
        6.501 In General
        6.502 Impeachment Techniques
        6.503 Party Depositions
        6.504 Rule 4:7(a)(4) Uses
        6.505 Deposition Versus Examination
        6.506 Using Only a Portion of the Deposition
        6.507 Use by Different Parties and in Other Actions
        6.508 Leading Questions

6.6 CORRECTIONS TO TRANSCRIPT

CHAPTER 7: DEPOSITIONS USED AND TAKEN IN OTHER
STATES


7.1 INTRODUCTION
        7.101 Lack of Uniformity Among States
        7.102 Uniform Interstate Depositions and Discovery Act
        7.103 Principles of Comity
    
7.2 PROCEDURE FOR TAKING OUT-OF-STATE
DEPOSITIONS
        7.201 Authority for Taking Depositions Outside Virginia
        7.202 Courts and Other Tribunals That State Courts Will
        Aid in Taking a Deposition
        7.203 Persons Who May Seek to Take Depositions Under
        Foreign Deposition Laws
        7.204 Application to the Foreign State for Assistance in
        Taking a Deposition
        7.205 Notice of Deposition
        7.206 Location of Out-of-State Deposition
        7.207 Witness Fee for the Deponent
        7.208 Issuance of Subpoenas
    
7.3 CONFLICT OF LAWS
        7.301 In General
        7.302 Choice of Procedure for Taking Depositions
        7.303 Protective Orders

APPENDIX 7-1: NATIONAL SURVEY OF FOREIGN DEPOSITION
LAWS

APPENDIX 7-2: MOTION FOR COMMISSION TO TAKE
DEPOSITION OUT OF STATE

APPENDIX 7-3: COMMISSION AUTHORIZING THE TAKING OF
OUT-OF-STATE DEPOSITIONS

CHAPTER 8: PHYSICAL AND MENTAL EXAMINATION OF
PERSONS


8.1 RULE 4:10 OF THE RULES OF THE VIRGINIA SUPREME
COURT
        8.101 Introduction
        8.102 Who May Be Examined
        8.103 Who May Conduct the Examination
        8.104 Prerequisites for the Examination
        8.105 Selection and Qualification of the Examiner
        8.106 The Court’s Order
        8.107 The Report
        8.108 The Examiner’s Testimony
        8.109 The Examiner’s Liability

CHAPTER 9: DISCOVERY OF EXPERTS

9.1 IN GENERAL

9.2 CLASSIFICATION OF EXPERTS UNDER RULE 4:1(b)(4)

9.3 DISCOVERY OF EXPERTS WHO MAY BE TRIAL
WITNESSES

9.4 DISCOVERY OF RETAINED EXPERTS NOT EXPECTED TO
BE CALLED AS WITNESSES AT TRIAL

9.5 INFORMALLY CONSULTED EXPERTS

9.6 EXPERT INFORMATION NOT ACQUIRED IN
ANTICIPATION OF LITIGATION

9.7 EXPERTS UNCONNECTED WITH LITIGATION

9.8 INTERACTION BETWEEN RULE 4:1(b)(4) AND THE WORK
PRODUCT DOCTRINE

9.9 PAYMENT OF THE EXPERT’S FEES

9.10 EX PARTE COMMUNICATIONS WITH AN OPPONENT’S
EXPERT

9.11 USE OF ADVERSE PARTY’S FORMER EMPLOYEE AS
EXPERT

CHAPTER 10: REQUESTS FOR ADMISSION

10.1 RULE GOVERNING REQUESTS FOR ADMISSION
        10.101 The Rule
        10.102 Request Procedure
    
10.2 SCOPE OF REQUESTS FOR ADMISSION

10.3 EFFECT OF ADMISSION

10.4 USE AT TRIAL
        10.401 Waiver by Failing to Introduce into Evidence
        10.402 Waiver by Permitting Evidence Contrary to
        Responses

10.5 PROHIBITED USES

10.6 SERVING REQUESTS FOR ADMISSION
        10.601 Number Permitted
        10.602 Guidelines for Preparing Requests

10.7 PERMISSIBLE SUBJECT MATTER

10.8 FORM OF THE REQUEST

10.9 RESPONSES TO REQUESTS FOR ADMISSION
        10.901 Admission
        10.902 Admission by Failure to Respond
        10.903 Denial
        10.904 Denial Based on Lack of Information: Reasonable
        Inquiry Requirement
        10.905 Objection
        10.906 Admit in Part, Deny in Part
        10.907 Guidelines for Preparing Responses

10.10 WITHDRAWAL OR AMENDMENT OF RESPONSES TO
REQUESTS FOR ADMISSION
        10.1001 Grounds for Withdrawal or Amendment
        10.1002 Effect of Withdrawal or Amendment

10.11 SANCTIONS FOR FAILURE TO ADMIT

10.12 USE AS A DISCOVERY TOOL

APPENDIX 10-1: REQUESTS FOR ADMISSION PLAINTIFF TO
DEFENDANT—LIABILITY, GENUINENESS OF MEDICAL
BILLS/RECORDS

APPENDIX 10-2: REQUESTS FOR ADMISSION PLAINTIFF TO
DEFENDANT—SLIP-AND-FALL IN SUPERMARKET
(COMBINING REQUESTS FOR ADMISSION WITH
INTERROGATORIES AND REQUEST FOR
PRODUCTION)

APPENDIX 10-3: REQUESTS FOR ADMISSION PLAINTIFF TO
DEFENDANT—GENUINENESS AND REASONABLENESS
OF MEDICAL BILLS/RECORDS (COMBINING REQUESTS
FOR ADMISSION WITH INTERROGATORIES)

CHAPTER 11: JUDICIAL SUPERVISION AND ENFORCEMENT

11.1 INTRODUCTION

11.2 SUPERVISING THE DOCKET
        11.201 In General
        11.202 Pretrial Conferences
        11.203 Pretrial Orders

11.3 JUDICIAL ENFORCEMENT
        11.301 In General
        11.302 Orders to Compel
        11.303 Protective Orders

11.4 IMPOSING SANCTIONS
        11.401 In General
        11.402 Violation of Court Order Required for Some
        Sanctions
        11.403 Specific Sanctions

11.5 APPELLATE REVIEW

CHAPTER 12: KEY DISCOVERY PRINCIPLES

12.1 IN GENERAL

12.2 ATTORNEY-CLIENT PRIVILEGE
        12.201 Introduction
        12.202 General Formulation
        12.203 Communications from a Client
        12.204 Communications to a Lawyer
        12.205 Legal Advice
        12.206 Expectation of Confidentiality
        12.207 Crime-Fraud Exception
        12.208 Waiver

12.3 WORK PRODUCT DOCTRINE
        12.301 Introduction
        12.302 Creating the Protection
        12.303 What Is Covered
        12.304 When Applicable
        12.305 Who Can Assert the Protection
        12.306 Duration of the Protection
        12.307 Overcoming the Protection
        12.308 Crime-Fraud Exception
        12.309 Waiver
        12.310 Disclosures to Expert Witnesses

12.4 ASSERTING AND LITIGATING THE ATTORNEY-CLIENT
PRIVILEGE AND WORK PRODUCT PROTECTION

12.5 ETHICS
        12.501 Lawyers’ Dealings With Other Participants in
        Discovery Matters
        12.502 Substance of Discovery Responses
        12.503 Remedies
        12.504 Discovery Procedures
        12.505 Courtesy
    
12.6 PROFESSIONALISM AND CIVILITY

APPENDIX 12-1: PRINCIPLES OF PROFESSIONALISM

CHAPTER 13: DISCOVERY IN THE DIGITAL AGE

13.1 OVERVIEW
        13.101 Electronic Information and the Legal Profession
        13.102 ABA Model Rules of Professional Conduct
    
13.2 CATEGORIES OF POTENTIALLY DISCOVERABLE
ELECTRONIC DOCUMENTS AND INFORMATION
        13.201 In General
        13.202 Email
        13.203 Transient Messaging Communications
        13.204 The Internet
        13.205 Social Media
        13.206 Archive Data and Backup Media
        13.207 Residual Files
        13.208 The Cloud and Archives
        13.209 Metadata

13.3 ELECTRONIC DISCOVERY RULES, PROCESS AND
OBLIGATIONS
        13.301 Amendments to the Federal Rules of Civil Procedure
        and Their Virginia Counterparts
        13.302 Sanctions
        13.303 Duty to Preserve; Litigation Holds

13.4 LIMITS ON DISCOVERY
        13.401 In General
        13.402 Economic Limits
        13.403 Overly Broad and Unduly Burdensome Requests
        13.404 Data Sampling and Cost Shifting
        13.405 Search Methodologies
        13.406 International Privacy

13.5 EMAIL AND DATABASE CONCERNS
        13.501 Communication Confidentiality and Privilege
        Concerns
        13.502 Computer-Stored Litigation Support Databases

13.6 CONCLUSION

TABLE OF AUTHORITIES

INDEX

Authors

Editor

Wyatt B. Durrette, Jr., DurretteCrump PLC /Richmond (Expand/Collapse Bio)

Wyatt B. Durrette, Jr., editor of this handbook, is a practicing attorney in Richmond, Virginia, where he currently serves as president of DurretteCrump PLC. He received his undergraduate degree in mathematics from Virginia Military Institute (1961), his law degree from Washington & Lee University, cum laude (1964), and a master’s degree in political science from the Johns Hopkins University (1966). In law school, he was a member of the law review, received American Jurisprudence Awards for Excellence in Sales and Evidence, won the Burke Oral Argument Competition, and was chosen to serve as Chairman of the Moot Court Team. Mr. Durrette served three terms in the Virginia General Assembly, where among other committees and commissions, he served on the House Courts of Justice Committee for six years. Mr. Durrette has lectured at numerous CLE programs, including the 1992 program entitled “Hands-On” Evidence and Trial Practice, which received the award for Best Program Idea at the 1993 annual meeting of the Association for Continuing Legal Education. Mr. Durrette specializes in commercial and complex litigation and is the immediate past Chairman of the Business Litigation Section of the Virginia Trial Lawyers Association and of the Business Torts Section of the American Trial Lawyers Association. He is listed among Virginia’s Legal Elite, Top 50 Super Lawyers in Virginia, and Best Lawyers in America. In 2010 he received the coveted Hunter W. Martin Professionalism Award from the Richmond Bar Association, and he was recently named a Fellow in Litigation Counsel of America, a trial lawyer honorary society. He has Martindale-Hubbell’s AVPre-eminent rating and is a member of the Boyd-Graves Conference and the Professional Faculty for the VBA’s Professionalism Course required for all new attorneys in Virginia. He is a member of the bars of Virginia and the District of Columbia and has been admitted to practice in numerous state and federal courts, including several United States Circuit Courts of Appeals and the United States Supreme Court.

Authors

Dean T. Buckius, Vandeventer Black LLP/ Norfolk (Expand/Collapse Bio)

Dean T. Buckius, author of Chapter 2, is a partner with Vandeventer Black LLP. He represents and advises management clients in all areas of labor and employment law and litigation. He is a member of the Labor and Employment Law and Litigation Sections of the American, Virginia, and North Carolina Bar Associations. Mr. Buckius served on the Executive Council of the Labor and Employment Law Section of The Virginia Bar Association. He is admitted to practice in Virginia and North Carolina. Mr. Buckius is a member of the Society for Human Resource Management and the Downtown Norfolk Council (for which he serves as General Counsel) and is an alumnus of Leadership Hampton Roads. He is a frequent lecturer on labor and employment law issues. He also served as a chairman for the City of Norfolk Employee Grievance Panel. He was selected by Virginia Business magazine as one of Virginia’s “Legal Elite” in the field of labor and employment law. He is also listed in Best Lawyers in America and Virginia Super Lawyers in the field of labor and employment law. Mr. Buckius received his B.A. in 1981 from the College of William and Mary. He graduated, cum laude, from Wake Forest University School of Law in 1984, where he was a member of the Wake Forest Law Review.

David D. Hopper, Cook, Heyward, Lee, Hopper & Feehan, P.C. / Richmond (Expand/Collapse Bio)

David D. Hopper, author of Chapter 7, is a shareholder and director in the firm of Cook, Heyward, Lee, Hopper & Feehan, P.C., where his practice focuses on business litigation, construction law, creditors’ rights, and estate and fiduciary litigation. He received his undergraduate degree, magna cum laude, from Harvard University and his J.D. from the University of Virginia School of Law, where he was a member of the Order of the Coif and an Executive Editor of the Virginia Law Review. He has written and spoken on a variety of legal topics, including Virginia civil procedure, bankruptcy and creditors’ rights, insurance coverage, mechanics’ lien law, the use of peremptory challenges in jury selection, liability of parent corporations for the acts of their subsidiaries, conspiracy and tortious interference, and enforcement of non-competition agreements. Mr. Hopper has served two terms as Chairman of the Business Litigation Section of the Virginia Trial Lawyers Association and has been named as one of Virginia’s “Legal Elite” by Virginia Business magazine and as a Virginia “Super Lawyer.”

Carolynn E. Kane, Office of the Arlington County Attorney / Arlington (Expand/Collapse Bio)

Carolynn E. Kane, author of Chapter 5, is an experienced litigator and legal counsel. She is a member of the Arlington County Attorney staff, which she joined in 2006, where she provides legal counsel to the County and its Board as well as represents Arlington County in a wide variety of matters, including employment law, administrative processes and litigation. From 1992 through 2006, Ms. Kane was in private practice with Siciliano, Ellis, Dyer and Boccarosse PLC. She served as outside local and regional defense counsel for Safeco Insurance Companies and handled insurance defense litigation for many other well-known national insurance carriers, local governments and businesses placing her in actively contested litigation, in federal, state and DC courtrooms on a weekly basis and trying cases before countless juries. Later in her private practice career, she represented injured persons in serious medical malpractice and personal injury suits recovering millions of dollars for her clients at Hall & Sickels PC. She has appeared multiple times before the Virginia Supreme Court on a diverse set of matters ranging from sovereign immunity, personal injury, products liability to zoning code interpretation. She is a sought-after conference speaker and regularly conducts trainings, mainly in the areas of employment law and the ADA. Ms. Kane received a B.A. in Political Science, cum laude, in 1984 from Wittenberg University and a J.D. in 1990 from George Mason University School of Law. She was admitted to the Virginia Bar in 1990 and the District of Columbia and Arizona bars in 1991. Before entering the practice of law, Ms. Kane served on Capitol Hill as a legislative aide and later as a registered advocate and counsel for a small business trade association. She was a member of the presidential commission on health insurance and chairperson of several legislative coalitions. She is a member of the Arlington County Bar Association, Virginia State Bar, and District of Columbia Bar as well as related federal courts. Special thanks to Kathryn Stegmuller, law clerk, for her work cite checking, Shepardizing cases and generally reviewing the chapter for concepts, consistency and clarity.

Risa Katz, Glenn Robinson & Cathey PLC / Roanoke (Expand/Collapse Bio)

Risa Katz, co-author of Chapter 10, practices in the areas of civil litigation, insurance defense, and domestic cases, including custody and support. She received her B.A. cum laude from The Colorado College, studying anthropology and art history, and a J.D. from Washington and Lee University School of Law.

As a law student, Risa was a finalist in Washington and Lee University School of Law’s Representation in Mediation Competition. Additionally, she was the President of the Jewish Law Student’s Association, on the board of OUTLaw (a GLBT and ally organization), a member of the Women’s Law Student Organization, and a Law Ambassador. Risa spent one summer with the United States Attorney’s Office for the Western District of Florida working in the Civil Division. She spent another summer with a mid-sized law firm in Charleston, West Virginia, that specialized in civil litigation. After earning her J.D. cum laude from Washington and Lee University School of Law, Risa spent one year clerking for the five judges of Virginia’s 23rd Judicial Circuit in Roanoke City, Roanoke County, and the City of Salem. She serves on the board of the Roanoke chapter of the Virginia Women’s Attorney Association.

Hon. D. Arthur Kelsey, Supreme Court of Virginia / Richmond (Expand/Collapse Bio)

Hon. D. Arthur Kelsey, author of Chapter 11, serves as a Justice on the Supreme Court of Virginia. He previously served as a judge on the Court of Appeals of Virginia and as a trial judge in the Fifth Judicial Circuit of Virginia. Before that, Justice Kelsey was a litigation partner with Hunton & Williams. His background and published articles can be found at www.judgepedia.org.

K. Brett Marston, Gentry Locke / Roanoke (Expand/Collapse Bio)

K. Brett Marston, co-author of Chapter 3, is a partner in Gentry Locke’s commercial litigation practice group and chair of its construction law section. He represents clients in construction contract preparation and negotiation, payment disputes, mechanic’s liens, bond claims, construction defects, delay claims, and insurance matters. Mr. Marston is a member of the Virginia State Bar Council, as well as the Board of Governors of the Virginia State Bar’s Construction and Public Contracts Law Section. Mr. Marston is a former Chair of the Roanoke Bar Association Foundation, served as President of the Roanoke Bar Association for 2006-2007, and has served as a member of the Board of the Young Lawyers Conference of the Virginia State Bar, from which he received the R. Edwin Burnette Young Lawyer of the Year award in 2004. He has been recognized by various publications, including Best Lawyers in America, for his work in the construction litigation and contracts field. Mr. Marston is a 1990 graduate of the University of Virginia and a 1993 graduate of the George Mason University School of Law, with distinction.

Meghan A. Podolny, Hunton & Williams LLP / Richmond (Expand/Collapse Bio)

Meghan A. Podolny, co-author of Chapter 13, is an associate in the Richmond office of Hunton & Williams LLP, where she focuses on complex commercial litigation, internal investigations, advises companies on strategically responding to preservation and production obligations related to electronically stored information, and helps companies develop and execute enterprise-level information governance best practices. Ms. Podolny earned a B.A., summa cum laude, from the University of Notre Dame and a J.D. from the College of William & Mary.

Barrett E. Pope, DurretteCrump PLC / Richmond (Expand/Collapse Bio)

Barrett E. Pope, co-author of Chapter 6, is the managing director of DurretteCrump PLC in Richmond, where he focuses primarily on commercial litigation. He received a B.S. in Commerce from the University of Virginia in 1975 and a J.D. from the University of Richmond in 1981, where was a member of the Law Review and the National Moot Court Team. Mr. Pope is currently included in The Best Lawyers in America in the categories of Commercial Litigation and Appellate Practice, as well as Super Lawyers in Business Litigation. He has been listed among Virginia’s “Legal Elite” in Civil Litigation by Virginia Business magazine.

Melissa W. Robinson, Glenn Robinson & Cathey PLC / Roanoke (Expand/Collapse Bio)

Melissa W. Robinson, author of Chapter 10, is a graduate of the University of Virginia and earned a J.D. from William and Mary Law School. She has been a member of the Virginia State Bar since 1988.

Ms. Robinson currently serves as a member of the Disciplinary Board of the Virginia State Bar and as a volunteer for the Virginia Board of Bar Examiners. She is a member of The Virginia Bar Association, the Virginia Women Attorneys Association, and the Virginia Association of Defense Attorneys (VADA). She formerly served on the Board of Directors of the VADA and as the Chair of the VADA Products Liability Committee. Ms. Robinson has also served on the Board of Directors for the YWCA and currently serves on the Board of Directors of the Good Samaritan’s Hospice in Roanoke (2016-2017 Board Chair). She is a Master with the Ted Dalton Inn of Court and serves as the President in 2017. She was inducted in 2012 as a Fellow of the Virginia Law Foundation and received the 2016 DePaul Community Resources Women of Achievement Award for Servant Leadership.

Robert Tayloe Ross, Midkiff, Muncie & Ross, P.C. / Richmond (Expand/Collapse Bio)

Robert Tayloe Ross, co-author of Chapter 6, is chair of Midkiff, Muncie & Ross’s property and coverage sections and co-chair of the firm’s subrogation section. He is a frequent author and speaker on insurance and litigation subjects. He earned a B.A. from Hampden-Sydney College in 1979 and a J.D. from Mercer University in 1982. He is admitted to the State Bars of Virginia, Georgia, and the District of Columbia, as well as the United States Supreme Court. Mr. Ross served as a law clerk to the Honorable Charles A. Moye, Jr., then Chief Judge of the United States District Court for the Northern District of Georgia, and as an Assistant United States Attorney, before entering private practice. Mr. Ross has been an active member of the Henry Lumpkin (Georgia), John Marshall (Virginia) (President 1999-2000; Executive Committee 1997-2002), and Lewis F. Powell, Jr. (Virginia) (Creation Committee and founding member 2003) Inns of the American Inns of Court. Mr. Ross is a member of The Virginia Bar Association, the Virginia Association of Defense Attorneys; Policy Coverage Section, Chair 1999-2001 and Director 2002-2005); the Virginia Claims Association; the Richmond Claims Association (President 2003 and Director 2003 - present); and the Loss Executives Association. Mr. Ross is AV Peer Review Rated in Martindale-Hubbell and is included in Virginia Super Lawyers. Mr. Ross was named in 2014, as one of the “Leaders in the Law.” Mr. Ross is recognized as one of the “Best Lawyers in America.©”

J. Brandon Sieg, Vandeventer Black LLP / Richmond (Expand/Collapse Bio)

J. Brandon Sieg, co-author of Chapter 4, is an associate in the Richmond office of Vandeventer Black LLP. His practice focuses on civil litigation, primarily in the areas of professional liability defense and other matters related to the construction industry. Brandon received his B.S. Architecture in 2005 from the Georgia Institute of Technology. After four years working at an award-winning architecture firm in Richmond, Brandon studied law at the College of William & Mary, where he served as the Managing Editor of the William and Mary Law Review before graduating in 2012.

Thomas E. Spahn, McGuireWoods LLP / Tysons Corner (Expand/Collapse Bio)

Thomas E. Spahn, author of Chapter 12, practices as a commercial litigator with McGuireWoods in Tysons Corner, Virginia. Mr. Spahn was selected as the 2013 metro-Washington DC "Lawyer of the Year" for "Bet the Company Litigation" by The Best Lawyers in America (Woodward/White, Inc.). He has served on the ABA Standing Committee on Ethics and Professional Responsibility, and on the Virginia State Bar Standing Committee on Legal Ethics. He is also is a Member of the American Law Institute and a Fellow of the American Bar Foundation. Mr. Spahn has written extensively on attorney-client privilege, ethics, and other topics and has spoken at over 1,600 CLE programs throughout the United States and in several other countries He is the author of The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner's Guide, published by Virginia CLE® and now in its third edition, as well as individual chapters in several other Virginia CLE® publications. He graduated magna cum laude from Yale University and received his J.D. from Yale Law School.

Mary Lynn Tate, Tate Law PC / Abingdon (Expand/Collapse Bio)

Mary Lynn Tate, author of Chapter 1, is the principal of Tate Law PC and practices civil litigation, state, federal, and appellate, statewide and nationally from offices located in Abingdon, Virginia in the areas of plaintiff’s medical and products injury, premises security, and business disputes. She is Co-Director of the National College of Trial Advocacy at the University of Virginia. She has served on the Virginia Supreme Court’s Appellate Rules Advisory Committee. U.S News & World Report rates the firm in the top tier of lawyers in the world for 2010-2013. Ms. Tate is also listed in Best Lawyers in America, 2008-2013, for medical malpractice and personal injury. She is a Fellow of the International Academy of Trial Lawyers, a Fellow of theVirginia Law Foundation, and a member of the Boyd Graves Conference and Steering Committee. She carries a Martindale-Hubbell AV rating. Ms. Tate was named a Virginia “Super Lawyer” and was placed in Virginia’s Top 25 Women Lawyers by Law and Politics magazine, 2006-2013. In April 2006 she received the Virginia Trial Lawyers Association‘s highest honor: The Distinguished Service Award. She is a former president of the Virginia Trial Lawyers Association and a permanent member of the Fourth Circuit Federal Judicial Conference. Ms. Tate is the recipient of the Brennan Award from the University of Virginia School of Law honoring lawyers for excellence in advocacy and professional achievement. She has spoken on numerous national and state programs, including the NCA’s Medical Skills College, and has been a guest speaker in more than twenty states. She is admitted to practice in the Supreme Court of the United States, Supreme Court of Virginia, United States Court of Appeals for the Fourth Circuit, United States Court of Appeals for the District of Columbia Circuit, United States District Court for the Western District of Virginia, United States District Court for the Eastern District of Virginia, United States District Court for the Eastern District of Tennessee, United States Court of Claims, and multiple federal agencies. Ms. Tate has served on the Board of Governors of the American Association for Justice (formerly ATLA) and four terms on its Executive Committee. She received her J.D. in 1976 from the University of Richmond and her B.A. in 1973 from Westhampton College.

James W. Walker, Vandeventer Black LLP / Richmond (Expand/Collapse Bio)

James W. Walker, co-author of Chapter 4, is a partner in the Richmond office of Vandeventer Black LLP. His practice focuses on civil litigation in the areas of commercial and construction matters, professional liability, insurance coverage, personal injury, and products liability litigation. He is a frequent lecturer on matters of Virginia civil procedure and served for many years as an adjunct professor of law at the University of Richmond School of Law in the field of trial advocacy. He received his bachelor’s degree from the University of Virginia in 1983 and his law degree, cum laude, from the University of Richmond School of Law in 1988. He is a member of the Virginia Association of Defense Attorneys, the Defense Research Institute, The Virginia Bar Association, and the Bar Association of the City of Richmond.

T. Vaden Warren, Jr., The Warren Firm, PLLC / Charlottesville (Expand/Collapse Bio)

T. Vaden Warren, Jr., author of Chapter 8, has been practicing personal injury law in Virginia since 1997 and has extensive experience handling a variety of personal injury cases. Mr. Warren received his B.A. from the University of Virginia in 1993. After working for the Virginia House of Delegates, he obtained his law degree from the T.C. Williams School of Lawat the University of Richmond in 1997. While in law school, he was a member of the Moot Court Board.

Mr. Warren practices at The Warren Firm, PLLC, in Charlottesville, Virginia. His practice focuses solely on personal injury and wrongful death cases.

Mr. Warren is admitted to the Virginia State Bar, is a member of the Charlottesville Albemarle Bar Association, and the Charlottesville Inns of Court. He is active in Virginia’s largest organization of trial attorneys, the Virginia Trial Lawyers Association. Having served many years on the Board of Governors, he is the current Treasurer and a Member of the Executive Committee. He is also a member of the American Association of Justice, which is devoted to protecting the rights of individuals, as well as the right to trial by jury.

Mr. Warren has written a number of articles that have appeared in statewide attorney publications including the Virginia Lawyer and The Journal by the Virginia Trial Lawyers Association. He has presented at and moderated numerous Virginia CLE seminars. He additionally has been named a Virginia “Super Lawyer” multiple times.

Spencer M. Wiegard, Gentry Locke / Roanoke (Expand/Collapse Bio)

Spencer M. Wiegard, co-author of Chapter 3, is a partner with Gentry Locke. In his commercial litigation practice, Mr. Wiegard represents contractors, subcontractors, trade contractors, suppliers, and design professionals on a range of litigation, transactional, and administrative matters. He is a member of the Board of Governors for the Virginia State Bar Construction Law and Public Contracts Section and a member of both the Legislative Committee and Executive Committee for the Roanoke/Southwest Virginia District of the Associated General Contractors of Virginia. He currently serves as Second Vice President of the Roanoke District of the AGCVA. Mr. Wiegard has been recognized as a Virginia Rising Star in the area of Construction Litigation by Super Lawyers. Mr. Wiegard is a 2001 graduate of the University of Virginia and a 2004 graduate of the College of William and Mary, Marshall-Wythe School of Law.

Jonathan M. Wilan, Baker McKenzie LLP, / Washington, D.C. (Expand/Collapse Bio)

Jonathan M. Wilan, co-author of Chapter 13, is a partner in the Washington, D.C. office of Baker McKenzie LLP, where he focuses on complex litigation, information governance, cybersecurity and electronic discovery. In particular, he advises companies on digital investigations and developing and implementing strategic plans for managing legal risk arising from digital information. Mr. Wilan earned a B.A., magna cum laude, from the University of Maryland at College Park and a J.D., cum laude, from Harvard School of Law.

Thomas W. Williamson, Jr., Williamson Law LC, / Richmond (Expand/Collapse Bio)

Thomas W. Williamson, Jr., author of Chapter 9, is a 1972 graduate of Virginia Military Institute. He received his law degree in 1976 from T.C. Williams School of Law, University of Richmond, where he was a member of the University of Richmond Law Review. Mr. Williamson is a partner in the law firm of Williamson Law LC in Richmond. He is a Fellow of the American College of Trial Lawyers and of the International Academy of Trial Lawyers. He is a member of the Virginia State Bar, the Virginia Trial Lawyers Association (President 1995-1996), The Virginia Bar Association, the American Bar Association (Litigation Section), the Richmond Bar Association, the Richmond Trial Lawyers Association, and John Marshall Inn of Court (President 1995-1996). Mr. Williamson has lectured and written extensively on civil procedure, civil trial tactics, expert witnesses, product liability, and medical malpractice. He is listed in Best Lawyers in America.

Prices

Civil Discovery in Virginia

Format Price
Print $150
Download $150
CD-ROM $150
USB Flash Drive $150
Both Print and Download $175
Both Print and CD-ROM $175
Both Print and USB Flash Drive $175

Purchase Options
  • Add to Cart
Related Products
Clear the Docket Essentials Seminars FacebookFriday

CONTACT US

Our Address

  • 105 Whitewood Road
    Charlottesville, VA 22901

JOIN OUR MAILING LIST:

  • Virginia CLE® is the non-profit educational division of the Virginia Law Foundation.

Virginia Law Foundation