Legal Question in Civil Litigation in Virginia

I received Interrogatories and Request for Production of Documents two days after the discovery period concluded (per my understanding). Am I required to provide a response?

Asked on 2/20/13, 6:24 pm

1 Answer from Attorneys

Stephen B. Pershing Stephen B. Pershing, Esq.

No, is my immediate answer, but let's look at it. First, the answer to your query may differ depending on forum court local rules. Federal and state won't necessarily agree, nor will one Va county necessarily agree with another, or even two same-court judges' standing orders or case-specific orders. Second, be triple sure of your dates, including checking for discovery orders that might have extended the closing date for fewer than all types of discovery, that sort of thing. Third, you want to be sure the date you've got is at least the date all discovery requests have to be out; if the date you've got is the date all responses are due, so much the better. Not all courts are clear on which they mean. Conceivably there could be a later date lurking in there someplace. Now what to do: If the late requests aren't accompanied by a motion for leave to propound late, move to strike them as untimely, remembering the court may well deny the motion (and local rules may require you get with opposing counsel before filing the motion). If the other side did ask for leave to propound late, think of a good reason to oppose--not mere inconvenience, but real & substantial prejudice, e.g. expert reports, unfair time crunch to make summary judgment filings or prepare for trial--and go for it. Good luck. --Steve.

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Answered on 2/20/13, 8:11 pm

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