Legal Question in Credit and Debt Law in Virginia
Discovery in a Civil proceeding
Do I have the right, as a defendant, to have pre-trial access to a plaintiff's evidence through discovery, as in a criminal trial?
2 Answers from Attorneys
Re: Discovery in a Civil proceeding
No, you do not. In Virginia, discovery in the General District Court(and all courts not of record) is normally limited to the use of subpoena duces tecum(wich may also be served upon a party). VA. Sup.Ct.Rule 7:4(a) A BOP (Bill of Particulars) may also be sought in order to require further clarification of the basis or grounds for a particular claim.
In the Circuit Court, the scope of allowable discovery is considerably greater than in the General District Court, but even in this forum, a defendant has no particular right to direct access to a plaintiff's evidence
except what can be acquired through the
standard discovery tools permitted under the Virginia Supreme Court Rules applicable to courts of record such as interrogatories, depositions, and requests for admission.
Re: Discovery in a Civil proceeding
Yes, pursuant to the relevant statutes various forms of discovery may occur. I would consult an attorney directly for more in depth guidance.
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