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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18388
Experience:  B.A.; M.B.A.; J.D.
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If I am given 21 days to respond to Interrogatories, do I count

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If I am given 21 days to respond to Interrogatories, do I count the day that I receive the document as the first day or does it start the following day since I didn't receive the document until 5:00 p.m.?
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If I am given 21 days to respond to Interrogatories, do I count the day that I receive the document as the first day or does it start the following day since I didn't receive the document until 5:00 p.m.?


Response: The count starts the day after the receipt.
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Customer: replied 3 years ago.

I read somewhere that if discovery requests were mailed to opposing counsel that they get 3 extra days to respond (25 days total). Do you know if Virginia follows that guideline?

I read somewhere that if discovery requests were mailed to opposing counsel that they get 3 extra days to respond (25 days total). Do you know if Virginia follows that guideline?




Response: I could not find anything in the Virginia Rules of Civil Procedure (Rules of the Supreme Court and Code of Virginia) that provides extra days for response. That's why I erred on the side of caution in my response to you. Here in Massachusetts, some Courts give extra three days for mailing and some do not. In the federal Court, we get three extra days to respond if served by mail. So, out of abundance of caution, you should not add three days to your response time. See Rule 1:12 of the Rules of Supreme Court of Virginia:




http://www.courts.state.va.us/courts/scv/rulesofcourt.pdf




http://www.courts.state.va.us/courts/scv/rules.html