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Rule 4:0.Application of Part Four.

Part Four: Pretrial Procedures, Dispositions and Production at Trial · Last amended 2021 · Last verified July 16, 2026

In one sentenceRule 4:0 defines which cases the discovery and pretrial rules of Part Four reach — every civil case in the circuit courts, plus separate maintenance, divorce, annulment, eminent domain, and certain habeas corpus proceedings — while leaving trial evidence practice untouched.

Full Text of Rule 4:0

Text sizeJump to: (a) (b)

(a) The Rules in this Part Four apply in civil cases in the circuit courts. They also apply to proceedings for separate maintenance, divorce or annulment of marriage, for the exercise of the right of eminent domain, and for writs of habeas corpus or in the nature of coram nobis as provided in Rule 4:1(b)(5). Whenever in this Part Four the word "action" appears it means a civil case, whether the claims arise at law or in equity.
(b) No provision of any of the Rules in this Part Four affects the practice of taking evidence at trial in any action; but such practice, including that of generally taking evidence ore tenus in actions upon claims arising at law and of generally taking evidence by deposition in equitable claims, continues unaffected hereby.

Plain-English Summary

Rule 4:0 sets the boundary for everything that follows in Part Four. Its rules on depositions, interrogatories, document production, and the rest apply to civil cases in the circuit courts. They also reach a defined set of special proceedings: separate maintenance, divorce, or annulment cases; eminent domain cases; and habeas corpus or coram nobis proceedings — all three of which get the narrower discovery scope spelled out in Rule 4:1(b)(5), with habeas and coram nobis proceedings carrying the additional requirement that no discovery is allowed at all without the court’s advance leave. Wherever Part Four uses the word “action,” it means any of these civil matters, whether the underlying claim sounds in law or in equity.

Rule 4:0(b) draws a second, equally important line: nothing in Part Four changes how evidence gets presented at trial. Courts still take evidence ore tenus — live, in open court — in claims at law, and by deposition in equitable claims, exactly as before these discovery rules existed. Part Four governs how parties gather information before trial, not how that information reaches the fact-finder once the case is heard.

Frequently Asked Questions

Do the Part Four discovery rules apply in every kind of Virginia circuit court case?

They apply to civil cases generally, plus a defined list of special proceedings: separate maintenance, divorce or annulment, eminent domain, and habeas corpus or coram nobis cases (Rule 4:0(a)). All of these special-proceeding types get the narrower relevant-and-non-privileged discovery scope of Rule 4:1(b)(5), and habeas and coram nobis proceedings additionally require the court’s advance leave before any discovery at all.

What does “action” mean in Part Four?

Any civil case covered by these rules, whether the claim arises at law or in equity (Rule 4:0(a)).

Does Rule 4:0 change how evidence is presented at trial?

No. Rule 4:0(b) preserves existing trial practice — evidence ore tenus in claims at law and by deposition in equitable claims continue exactly as before.

Do these rules apply to divorce and annulment cases?

Yes, subject to the narrower scope of discovery set out for those cases in Rule 4:1(b)(5).

Do the discovery rules govern criminal cases?

No. Part Four is limited to civil cases in the circuit courts and the specific proceedings Rule 4:0(a) lists; it does not reach criminal matters.

Amendment History

Last amended by Order dated November 23, 2020; effective March 1, 2021.

Source & verification. Rule text and amendment history are reproduced verbatim from the Rules of Supreme Court of Virginia, published by the Supreme Court of Virginia. Last verified July 16, 2026. · Official source
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