Request for Production in Virginia Circuit Court – At A Glance

Use this At A Glance Guide to learn the Virginia Supreme Court Rules related to Motion for Protective Order in Virginia Circuit Courts. For more detailed information, please see the SmartRules Request for Production Guide for the court where your action is pending.

Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on his behalf, to inspect, copy, test, or sample any designated documents or electronically stored information (including writings, drawings, graphs, charts, photographs, and other data or data compilations stored in any medium from which information can be obtained, translated, if necessary, by the respondent into reasonably usable form), or to inspect, copy, test, or sample any designated tangible things which constitute or contain matters within the scope of Rule 4:1(b) and which are in the possession, custody, or control of the party upon whom the request is served; or (2) to produce any such documents or electronically stored information to the court in which the proceeding is pending at the time of trial; or (3) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Rule 4:1(b). V.S.C.R. 4:9(a)(eff 1/1/09).

The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, period and manner of making the inspection and performing the related acts. The request may specify the form or forms in which electronically stored information is to be produced. V.S.C.R. 4:9(b)(i)(eff 1/1/09).

As a matter of custom and practice, the same caption format used for court-filed documents is used for requests for production.

The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, including an objection to the requested form or forms for producing electronically stored information, stating the reasons for the objection. If objection is made to part of an item or category, the part shall be specified and production shall be permitted as to the remaining parts. If objection is made to the requested form or forms for producing electronically stored information or if no form was specified in the request the responding party must state the form or forms it intends to use. V.S.C.R. 4:9(b)(ii)(eff 1/1/09).

A party who produces documents for inspection either shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request. V.S.C.R. 4:9(b)(iii)(A)(eff 1/1/09).

Responses to a request for production of electronically stored information shall be subject to the provisions of Rules 4:1(b)(7) and 4:1(b)(8). If a request does not specify the form or forms for producing electronically stored information, or if a responding party objects to the requested form or forms of production, a responding party must produce the information as it is ordinarily maintained if it is reasonably usable in such form or forms, or must produce the information in another form or forms in which it is reasonably usable. A party need not produce the same electronically stored information in more than one form. V.S.C.R. 4:9(b)(iii)(B)(eff 1/1/09).

Production of documents and electronic records sought in Virginia pursuant to a subpoena issued under the authority of a foreign jurisdiction shall be subject to the provisions of the Uniform Interstate Depositions and Discovery Act, Virginia Code 8.01-412.8 through 8.01-412.15. V.S.C.R. 4:9(b)(iv)(eff 7/1/09).

No request to produce shall be served, and no subpoena shall issue, until prior order of the court is obtained when the party upon whom the request is to be served or the person to whom the subpoena is to be directed is the Governor, Lieutenant Governor, or Attorney General of this Commonwealth, or a judge of any court thereof; the President or Vice President of the United States; any member of the President’s Cabinet; any Ambassador or Consul; or any Military Officer on active duty holding the rank of Admiral or General. V.S.C.R. 4:9(c-1).

Patient health records protected by the privacy provisions of Code Section 32.1-127.1:03 shall be disclosed only in accordance with the provisions and procedures prescribed by that statute. V.S.C.R. 4:9(c-2).

If a party fails or refuses to obey an order made under section (b) of this Rule, the court may proceed as provided by Rule 4:12(b)(2). V.S.C.R. 4:9(c)(renumbered eff 1/1/09).

The authorities cited in this At A Glance Guide are current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.

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