This article features abbreviated legal seminar materials which take an in-depth look at the discovery provisions of Virginia state and federal rules. If you're someone who has been injured, your lawyer should be following these guidelines. If you're an attorney looking for essential information on how to successfully handle discovery in litigation, you've found the right article. It provides a detailed analysis of vital documents and evidence such as medical examination orders, vocational examination orders, corporate representative depositions, work restriction evaluation forms, and much more.
The appendix includes a number of forms or documents that may prove helpful in a particular case. There is included a basic set of interrogatories and request for production of documents in a personal injury case, and an example of a set of requests for admissions as well.
The topic of medical examinations (Rule 4:10) and even vocational evaluation requests comes up in personal injury litigation often. There is included in the appendix an example of a medical examination order, which we believe is in the interests of the plaintiff to have entered rather than to simply have an attorney agreement. This can prevent overriding of problems such as the plaintiff appearing at the doctor's office, and being asked to fill out a comprehensive intake form, which we do not believe he defendant has a right to obtain, as but one example. Also, in order can avoid confusion or disputes about the scope of the examination or whether special tests can be conducted also. Provisions can be had about costs or expenses depending upon the travel issues in the case. Also, a number of state courts have more recently allowed plaintiff's to have a spouse present during an examination or a witness, to have a videographer or even a court reporter. More and more, courts are allowing plaintiffs to have a witness or record created of this examination.
Also included is a draft vocational examination order, in a case where such issues may be involved so the draft order may simply serve as a template. Note: there is not a clear right to this type exam under Rule 4:10.