6.2 Scope of Discovery

• Library: Medical Malpractice Law in Virginia (Virginia CLE) (2017 Ed.)

6.2 SCOPE OF DISCOVERY

6.201 In General. Rule 4:1(b)(1) of the Rules of the Virginia Supreme Court provides in relevant part that

[p]arties may obtain discovery regarding any matter, not privileged, which 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.

6.202 "Not Privileged." Matters that are privileged are obviously not subject to discovery. Two common privileges in a medical malpractice action are the attorney-client privilege and the work product doctrine. In addition, section 8.01-581.17 of the Virginia Code protects from discovery any

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documents or...