Rule 4:0.Application of Part Four.
Part Four: Pretrial Procedures, Dispositions and Production at Trial · Last amended 2021 · Last verified July 16, 2026
Full Text of Rule 4:0
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.