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Uniform Pretrial Scheduling Order Form. This is a Virginia form and can be use in Virginia Beach Local County.
Tags: Uniform Pretrial Scheduling Order, Virginia Local County, Virginia Beach
VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH
___________________________________________________
Plaintiff(s)
v.
AT LAW NO.: CL _________________
___________________________________________________
Defendant(s)
Uniform Pretrial Scheduling Order (Supreme Court Rule 1:18)
I. Trial
The trial date is _______________
(with a jury)
(without a jury).
The estimated length of trial is _______________.
II. Discovery
The parties shall complete discovery, including depositions, by 30 days before trial; however,
depositions taken in lieu of live testimony at trial will be permitted until 15 days before trial.
"Complete" means that all interrogatories, requests for production, requests for admissions and other
discovery must be served sufficiently in advance of trial to allow a timely response at least 30 days
before trial. Depositions may be taken after the specified time period by agreement of counsel of
record or for good cause shown, provided however, that the taking of a deposition after the deadline
established herein shall not provide a basis for continuance of the trial date or the scheduling of
motions inconsistent with the normal procedures of the court. The parties have a duty to seasonably
supplement and amend discovery responses pursuant to Rule 4:1(e) of the Rules of Supreme Court of
Virginia. Seasonably means as soon as practical. No provision of this Order supersedes the Rules of
Supreme Court of Virginia governing discovery. Any discovery motion filed shall contain a
certification that counsel has made a good faith effort to resolve the matters set forth in the motion
with opposing counsel.
III. Designation of Experts
If requested in discovery, plaintiff's, counter-claimant's, third party plaintiff's, and cross-claimant's
experts shall be identified on or before 90 days before trial. If requested in discovery, defendant's and
all other opposing experts shall be identified on or before 60 days before trial. If requested in
discovery, experts or opinions responsive to new matters raised in the opposing parties' identification
of experts shall be designated no later than 45 days before trial. If requested, all information
discoverable under Rule 4:1(b)(4)(A)(1) of the Rules of Supreme Court of Virginia shall be provided
or the expert will not ordinarily be permitted to express any nondisclosed opinions at trial. The
foregoing deadlines shall not relieve a party of the obligation to respond to discovery requests within
the time periods set forth in the Rules of Supreme Court of Virginia, including, in particular, the duty
to supplement or amend prior responses pursuant to Rule 4:1(e).
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IV. Dispositive Motions
All dispositive motions shall be presented to the court for hearing as far in advance of the trial date as
practical. All counsel of record are encouraged to bring on for hearing all demurrers, special pleas,
motions for summary judgment or other dispositive motions not more than 60 days after being filed.
V. Exhibit and Witness List
Counsel of record shall exchange 15 days before trial a list specifically identifying each exhibit to be
introduced at trial, copies of any exhibits not previously supplied in discovery, and a list of witnesses
proposed to be introduced at trial. The lists of exhibits and witnesses shall be filed with the Clerk of
the Court simultaneously therewith but the exhibits shall not then be filed. Any exhibit or witness not
so identified and filed will not be received in evidence, except in rebuttal or for impeachment or
unless the admission of such exhibit or testimony of the witness would cause no surprise or prejudice
to the opposing party and the failure to list the exhibit or witness was through inadvertence. Any
objections to exhibits or witnesses shall state the legal reasons therefor except on relevancy grounds,
and shall be filed with the Clerk of the Court and a copy delivered to opposing counsel at least five
days before trial or the objections will be deemed waived absent leave of court for good cause shown.
VI. Pretrial Conferences
Pursuant to Rule 4:13 of the Rules of Supreme Court of Virginia, when requested by any party or
upon its own motion, the court may order a pretrial conference wherein motions in limine, settlement
discussions or other pretrial motions which may aid in the disposition of this action can be heard.
VII. Motions in Limine
Absent leave of court, any motion in limine which requires argument exceeding five minutes shall be
duly noticed and heard before the day of trial.
VIII. Witness Subpoenas
Early filing of a request for witness subpoenas is encouraged so that such subpoenas may be served at
least 10 days before trial.
IX. Continuances
Continuances will only be granted by the court for good cause shown.
X. Jury Instructions
Counsel of record, unless compliance is waived by the court, shall, two business days before a civil
jury trial date, exchange proposed jury instructions. At the commencement of trial, counsel of record
shall tender the court the originals of all agreed upon instructions and copies of all contested
instructions with appropriate citations. This requirement shall not preclude the offering of additional
instructions at the trial.
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XI. Deposition Transcripts to be Used at Trial
Counsel of record shall confer and attempt to identify and resolve all issues regarding the use of
depositions at trial. It is the obligation of the proponent of any deposition of any non-party witness
who will not appear at trial to advise opposing counsel of record of counsel's intent to use all or a
portion of the deposition at trial at the earliest reasonable opportunity. It becomes the obligation of the
opponent of any such deposition to bring any objection or other unresolved issues to the court for
hearing before the day of trial.
XII. Waiver or Modification of Terms of Order
Upon motion, the time limits and prohibitions contained in this order may be waived or modified by
leave of court for good cause shown.
ENTER: _______________________
_______________________________
JUDGE
________________________________
Counsel for the plaintiff(s)
________________________________
Counsel for the defendant(s)
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