The court may in its discretion direct the attorneys for the parties to appear before it for a conference to consider:
Rule 4:13.Pretrial Procedure; Formulating Issues.
Part Four: Pretrial Procedures, Dispositions and Production at Trial · Last amended 2021 · Last verified July 16, 2026
In one sentenceRule 4:13 lets the circuit court, in its discretion, call counsel together for a pretrial conference to narrow the issues, plan discovery, address electronic-discovery and privilege matters, and set the terms of an order that then controls the rest of the case unless modified to prevent manifest injustice.
Full Text of Rule 4:13
(1) A determination of the issues;
(2) A plan and schedule of discovery;
(3) Any limitations on the scope and methods of discovery;
(4) The necessity or desirability of amendments to the pleadings;
(5) The possibility of obtaining admissions of fact and admissions regarding documents and information obtained through electronic discovery;
(6) The limitation of the number of expert witnesses;
(7) The advisability of a preliminary reference of issues to a master for findings to be used as evidence when the trial is to be by jury;
(8) issues relating to the preservation of potentially discoverable information, including electronically stored information and information that may be located in sources that are believed not reasonably accessible because of undue burden or cost;
(9) provisions for disclosure or discovery of electronically stored information;
(10) any agreements the parties reach for asserting claims of privilege or of protection as trial-preparation material after production;
(11) any provisions that will aid in the use of electronically stored or digitally imaged documents in the trial of the action; and
(12) Such other matters as may aid in the disposition of the action.
The court will make an order which recites the action taken at the conference, the amendments allowed to the pleadings, the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by
admissions or agreements of counsel; and such order when entered controls the subsequent course of the action, unless modified at the trial to prevent manifest injustice.
Plain-English Summary
Rule 4:13 gives the court a tool to organize a case before trial. It may, at its discretion, direct the attorneys to appear for a conference covering a long list of subjects: pinning down the real issues, mapping a discovery plan and schedule, setting limits on discovery’s scope and methods, considering pleading amendments, exploring possible admissions of fact or of electronically obtained information, capping the number of expert witnesses, and weighing whether to refer preliminary issues to a master for a jury trial.
Several of the topics speak directly to modern discovery: preserving potentially discoverable information, including electronically stored information that may sit in sources the parties consider hard to reach; provisions for disclosing and discovering that information; agreements about asserting privilege or work-product protection after production; and arrangements for using electronic or digitally imaged documents at trial. The rule leaves room for whatever else might aid in resolving the case, so the conference can address whatever the case needs.
Whatever the court and counsel work out gets memorialized in an order that recites what happened at the conference, any pleading amendments allowed, and the parties’ agreements, and that narrows the trial to the issues not already resolved by admission or agreement. Once entered, that order controls how the rest of the case proceeds, and a court will modify it only to prevent manifest injustice.
Frequently Asked Questions
Is a pretrial conference mandatory in Virginia circuit court?
No. Rule 4:13 leaves it to the court’s discretion whether to direct attorneys to appear for one.
What can a court address at a Rule 4:13 pretrial conference?
A wide range of topics, including narrowing the issues, planning discovery, limiting discovery’s scope, amending pleadings, exploring admissions, capping expert witnesses, and addressing electronic-discovery preservation, disclosure, and privilege agreements.
Does the pretrial order bind the parties for the rest of the case?
Yes. Once entered, the order controls the subsequent course of the action, and a court will modify it only to prevent manifest injustice.
Can a Rule 4:13 conference address electronically stored information?
Yes. The rule specifically covers preserving potentially discoverable ESI, provisions for its disclosure and discovery, and arrangements for using electronic or digitally imaged documents at trial.
What goes into the order that comes out of a pretrial conference?
A recitation of what happened at the conference, any pleading amendments allowed, the parties’ agreements, and the issues that remain for trial after excluding what admissions or agreements already resolved.
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
Also known as: pretrial conference virginiadiscovery plan virginia lawsuitformulating issues for trial virginiavirginia rule 4:13