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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99983
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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The court issued a subpoena deposition. The other

Customer Question

The court issued a subpoena for a deposition. The other side l filed a motion to quash or motion for protective order to limit the scope of the deposition. At the hearing, which laws will I need to quote to support the subpoena and prevent the deposition from being limited? Also, I want the deposition to be at a neutral site. How do I make sure it stays this way? Virginia. Fairfax circuit court
Submitted: 7 months ago.
Category: Legal
Expert:  Ely replied 7 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. This depends. Please tell me what argument the other side is using to request that the deposition be limited?
Customer: replied 7 months ago.
Limited in a few ways. They don't want to discuss the injury incident . Their internal investigation. Their policies. Violations of their policies. Any personnel issues. Anything related to the court services and those providing services. for the kids received service.
Expert:  Ely replied 7 months ago.
No, I need to know what their argument for limiting this is. If they even provide one.
Customer: replied 7 months ago.
I listed their reasons above. The kids received supervised visitation. They are claiming that the court service are protected and confidential. Claiming that they will not discuss personnel files. Claiming they will not discussed anything about their rule violations . In short, if they did something wrong, they are claiming it is protected. What is the law to make depositions available in Virginia ?
Expert:  Ely replied 7 months ago.
Thank you.
One wants to file Plaintiff's/Defendant's Response in Opposition to P/D's Motion to Quash or for a Protective Order.
One may wish to argue that per Rule 4:1(b), the discovery sought is:
" relevant to the subject matter involved in the pending action,
whether it relates to the claim or defense of the party seeking discovery or to the
claim or defense of any other party, including the existence, description, nature,
custody, condition and location of any books, documents, or other tangible things
and the identity and location of persons having knowledge of any discoverable
matter. It is not ground for objection that the information sought will be
inadmissible at the trial if the information sought appears reasonably calculated to
lead to the discovery of admissible evidence."
And, it is not oppressive, unreasonable, or overly broad.
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Expert:  Ely replied 7 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
Customer: replied 7 months ago.
I want a neutral site. If they retro force their location , what can I do ? Also, theses depositions are required to keep the hearing scheduled to only 3 hours . Without the depositions, this would be a two day trial.
Expert:  Ely replied 7 months ago.
Hello,
Unfortunately, that is the applicable statutory cite. What someone in your situation may wish to do is to simply file something akin to that, but then offer to settle in the middle and stipulate to whatever works for both parties.
Which happens all the time anyhow.
You can peruse the rules below to make sure yourself, of course:
http://www.courts.state.va.us/courts/scv/rulesofcourt.pdf
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