Can a Defendant Successfully Avoid Rule 3:20 in Virginia Circuit Courts?
Using Sworn Testimony in Support of a Motion for Summary Judgement in Virginia Circuit Courts One of the biggest distinctions between federal practice and Virginia practice is that, in Virginia practice, summary judgment cannot be based upon deposition testimony. However, that doesn’t necessarily mean that all previously given sworn testimony is off-limits. Rule 3:20 of the Rules of the Supreme Court of Virginia states, in part: No motion for summary judgment or to strike the evidence shall be sustained when based in whole or in part upon any discovery depositions under Rule 4:5, unless all parties to the action shall […]





