Virginia HB 858: Scope of discovery; deposing certain corporate officers.

Bill Text

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2018 SESSION

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18103997D

HOUSE BILL NO. 858 

Offered January 10, 2018 

Prefiled January 9, 2018 

A BILL to amend the Code of Virginia by adding sections 
 numbered 8.01-420.02 and 8.01-420.4:1, relating to scope of discovery; deposing 
 certain corporate officers. 
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Patron-- Peace 

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Referred to Committee for Courts of Justice 

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Be it enacted by the General Assembly of Virginia: 

1. That the Code of Virginia is amended by adding sections 
 numbered 8.01-420.02 and 8.01-420.4:1 as follows: 

� 8.01-420.02. Scope 
 of discovery.

In addition to any 
 Rules of Supreme Court of Virginia not in conflict, parties may obtain 
 discovery regarding any matter, not privileged, that is relevant to the subject 
 matter involved in the pending action and proportional to the needs of the 
 case. In making any determination of 
 whether discovery is unduly burdensome or expensive, 
 the court shall consider whether the burden or expense of the 
 proposed discovery outweighs its likely benefit.

� 8.01-420.4:1. 
 Taking of depositions; corporate officers or 
 executives.

A. For the purposes 
 of this section "officer" means the chief executive 
 officer, chief operating officer, chief financial officer, or other person in 
 charge of a principal business unit or function of a public or 
 private corporation, partnership, association, other corporate entity, 
 or state or local governmental agency.

B. When 
 a deponent who is an officer, 
 or a public or private corporation, partnership, association, other corporate 
 entity, or state or local governmental agency acting on such officer's behalf, files a 
 motion for a protective order in 
 response to a subpoena requiring the 
 deposition of such officer because the 
 discovery is obtainable from some other source that is more convenient, less burdensome, 
 or less expensive, in 
 order to defeat such motion, the 
 burden shall be on the party seeking the deposition to show that 
 (i) there is a reasonable 
 indication that the officer's deposition is calculated to 
 lead to the discovery of admissible evidence, (ii) the officer has unique or 
 superior personal knowledge of discoverable information 
 that cannot be discovered through means other than a deposition, and (iii) 
 deposition of a representative other than the 
 officer or other methods of discovery are unsatisfactory, 
 insufficient, or inadequate.

C. If a protective 
 order is issued, the 
 officer's corporation, partnership, association, entity, or 
 governmental agency shall name a designee 
 to be deposed on its behalf pursuant to Rule 4:5(b)(6) of the 
 Rules of Supreme Court of Virginia, unless the court 
 finds there is an alternative means of discovery.

D. If a protective 
 order is issued and the party seeking