8.01-695 - When argument held; when discovery permitted. - Virginia Statutes

§ 8.01-695. When argument held; when discovery permitted.

Oral argument on any motion in any prisoner civil action shall be heardorally only at the request of the court; whenever possible, the court shallrule upon the record before it. No prisoner shall be permitted to requestsubpoenas for witnesses or documents, or file discovery requests, until thecourt has ruled upon any demurrer, plea or motion to dismiss. Where a caseproceeds past the initial dispositive motions, the court shall require theprisoner seeking discovery to demonstrate that his requests are relevant andmaterial to the issues in the case. No subpoena for witnesses or documentsshall issue unless a judge of the court has reviewed the subpoena request andspecifically authorized a subpoena to issue. The court shall exercise itsdiscretion in determining the scope of the subpoena and may condition itsissuance on such terms as the court finds appropriate. The court shall takeinto account the burden placed upon the object of the subpoena in relation tothe needs of the case, the amount in controversy, and the importance of theissues at stake in the litigation.

(2002, c. 871; 2006, c. 435.)