Discovery in Virginia Circuit Court Litigation: An Overview
Date: October 8, 2025
In this blog post, we will go over the more common methods of discovery available to litigants in Virginia’s circuit courts (the higher trial court in Virginia). Circuit courts are where trust and estate lawsuits are typically filed and litigated in Virginia. Virginia does have a lower level of trial court, called the general district courts, however, the general district court’s jurisdiction is different than that of Virginia’s circuit courts. Under the Virginia Code, the general district courts have a jurisdictional maximum of $50,000.00, exclusive of interest and attorney fees, for many types of claims.
Common methods of discovery available in Virginia circuit courts include:
- Interrogatories. Interrogatories are written questions sent by one party to another, which must be answered by the receiving party in writing and under oath, typically, within 21 days. Interrogatories are often used to obtain basic facts about the case, such as the names of witnesses, descriptions of pertinent documents and items, and the facts supporting the litigant’s claims and defenses. Information obtained in response to interrogatories can be used to issue additional discovery requests, including subpoenas duces tecum to third parties.
- Requests for Production of Documents. Requests for production of documents are written requests whereby the parties can request that the other party/parties produce copies of (or make available for inspection) documents, electronically stored information, or other tangible items pertinent to the case. The receiving party must typically respond, in writing, within 21 days. Requests for production are used to seek copies of relevant documents, for example, emails and text messages, financial records, bank records, medical records, as well as for inspecting pertinent items.
- Depositions. Depositions are the formal questioning of parties or witnesses under oath. Depositions are normally conducted orally but they can be conducted by written questions as well. Depositions are typically conducted in person, and the proceedings are transcribed by a court reporter. Depositions allow the parties to discover information, assess the credibility of witnesses, and elicit detailed testimony that can be used at trial. Deposition testimony is often critical in evaluating the strengths and weaknesses of a case. The presiding judge does not directly participate in depositions. Rather, depositions often take place in an attorney’s conference room. Depositions are typically attended by the witness (called a deponent), the litigants, counsel, and the court reporter.
- Requests for Admission. Requests for admission are written requests that ask the receiving party to admit or deny specific issues or facts or the genuineness of documents. Requests for admission can help narrow the issues for trial by establishing certain facts or matters as true. The receiving party must respond, in writing, typically, within 21 days. The matter is deemed admitted if not timely responded to.
- Subpoenas Duces Tecum. Subpoenas duces tecum are used to compel non-parties to provide copies of documents or other items. Subpoenas duces tecum are a powerful tool for obtaining potential evidence from third-party individuals or organizations who are not parties to the lawsuit. Common examples of subpoena duces tecum recipients in trust and estate disputes are financial institutions, third party individuals with knowledge relating to the matter, and medical providers. Such subpoenas duces tecum are often issued to obtain copies of relevant bank documents, account statements, and medical records.
Conclusion
These discovery tools can play a critical role in helping parties investigate their claims and defenses, prepare their cases, discover additional information, clarify the issues, evaluate the strengths and weaknesses of a case, evaluate the credibility of witnesses, and lessen potential surprises at trial. Given the costs and time involved in conducting discovery, however, it is critical for parties to work strategically with their counsel to develop an appropriate discovery plan. If faced with a trust or estate dispute, it is important to work with a competent and experienced attorney.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.