Rule 1:27. Testimony by Audiovisual Means in Circuit Court Civil Cases

(a) The court may permit a party in any civil trial or proceeding to present live testimony by means of audiovisual technology upon such conditions as the court may impose. Unless the court in its discretion allows a motion on shorter notice, such motion must be made, whether orally or in writing, at least 15 days in advance of the trial or hearing. Any party opposing a written motion must file any objections in writing 5 days after service of such motion, unless a different schedule is set by the court.

(b) Unless the courtroom or facility where the testimony will be presented has equipment meeting the standards of Code § 19.2-3.1, the party offering testimony of a witness by audiovisual means is responsible for providing the necessary equipment, and all necessary logistical arrangements, at no cost to the court. All costs and arrangements for the location where the witness will give testimony are also the responsibility of the party offering the testimony. Failure to ensure that the courtroom or facility where the trial or hearing is to be held—and the location where the witness would testify—are properly set up for such testimony will preclude the offering of such testimony by audiovisual means. Remedies and procedures to address the failure of the arrangements to function properly for some other reason, such as a power outage affecting the Virginia courtroom, are within the sound discretion of the presiding judge.

(c) Any oath administered to a party or witness testifying by means of audiovisual technology shall be deemed to have been administered within the Commonwealth.

(d) Presumptive cases for allowing remote testimony. — The court should enter an order permitting live testimony under this Rule as follows:

(1) Consent of All Parties. Upon consent of all parties for live testimony of any party, lay witness, or expert witness by means of any audiovisual technology; or,

(2) Distant and Other Specific Witnesses. If (i) a lay witness is at a greater distance than 100 miles from the place of trial or hearing, or is out of the Commonwealth, unless it appears that the absence of the witness was procured by the party offering the testimony, or if (ii) the witness is a superintendent of a hospital for the insane more than 30 miles from the place of trial, or is a physician, surgeon, dentist, chiropractor, registered nurse, physician's assistant or nurse practitioner who, in the regular course of his or her profession, treated or examined any party to the proceeding, or is in any public office or service the duties of which prevent his attending court; provided, however, that if the witness is subject to the jurisdiction of the court, the court may, upon a showing of good cause or sua sponte, order the witness to attend and to testify ore tenus.

Committee Notes

Adopted and promulgated by Order dated January 9, 2020; effective March 15, 2020. Last amended by Order dated January 15, 2025; effective March 17, 2025. APPENDIX 1. Praecipe (Rule 1:15(b)). VIRGINIA: IN THE CIRCUIT COURT OF THE .................., Plaintiff v. CASE NO. … .................., Defendant PRAECIPE I certify that the above styled cause is matured for trial on its merits and request the Clerk to place it on the docket to be called on .................………………… date of next docket call to be set for trial with ( ) or without ( ) a jury. Dated this ..........day of .........., 20.... .................………………. Counsel for ................... CERTIFICATE OF SERVICE I certify that on the ......... day of .........., 20...., I mailed or delivered a true copy of the foregoing praecipe to all counsel of record herein pursuant to the provisions of Rule 1:12 represented by counsel, if any. .................…………….. Counsel for ................... APPENDIX 2. Instructions (Rule 1:15(c)). Counsel for all parties, unless compliance is waived by the court, must, two days before a civil jury trial date, submit to the court a copy of all instructions such counsel proposes to request – in electronic or paper form as directed by the court – and noting thereon the authority or authorities relied upon for such instructions. Counsel may be required to exchange copies of proposed instructions. This rule does not preclude the offering of additional instructions at the trial. Last amended by Order dated November 23, 2020; effective March 1, 2021. APPENDIX 3. Uniform Pretrial Scheduling Order (Rule 1:18B). I. Trial The trial date is ........... (with a jury) (without a jury). The estimated length of trial is ............ II. Discovery The parties must complete discovery, including depositions, by 30 days before trial; however, depositions taken in lieu of live testimony at trial will be permitted until 15 days before trial. "Complete" means that all interrogatories, requests for production, requests for admissions and other discovery must be served sufficiently in advance of trial to allow a timely response at least 30 days before trial. Depositions may be taken after the specified time period by agreement of counsel of record or for good cause shown, provided however, that the taking of a deposition after the deadline established herein will not provide a basis for continuance of the trial date or the scheduling of motions inconsistent with the normal procedures of the court. The parties have a duty to seasonably supplement and amend discovery responses pursuant to Rule 4:1(e) of the Any discovery motion filed must contain a certification that counsel has made a good faith effort to resolve the matters set forth in the motion with opposing counsel. III. Designation of Experts If requested in discovery, plaintiff's, counter-claimant's, third party plaintiff's, and cross-claimant's experts must be identified on or before 90 days before trial. If requested in discovery, defendant's and all other opposing experts must be identified on or before 60 days before trial. If requested in discovery, experts or opinions responsive to new matters raised in the opposing parties, identification of experts must be designated no later than 45 days before trial. If requested, all information discoverable under Rule will not ordinarily be permitted to express any nondisclosed opinions at trial. The foregoing deadlines do not relieve a party of the obligation to respond to discovery including, in particular, the duty to supplement or amend prior responses pursuant to Rule 4:1(e). IV. Dispositive Motions All dispositive motions should be presented to the court for hearing as far in advance of the trial date as practical. All counsel of record are encouraged to bring on for hearing all demurrers, special pleas, motions for summary judgment or other dispositive motions not more than 60 days after being filed. V. Exhibit and Witness List Counsel of record must exchange 15 days before trial a list specifically identifying each exhibit to be introduced at trial, copies of any exhibits not previously supplied in discovery, and a list of witnesses proposed to be introduced at trial. The lists of exhibits and witnesses must be filed with the Clerk of the Court simultaneously therewith but the exhibits should not then be filed. Any exhibit or witness not so identified and filed will not be received in evidence, except in rebuttal or for impeachment or unless the admission of such exhibit or testimony of the witness would cause no surprise or prejudice to the opposing party and the failure to list the exhibit or witness was through inadvertence. Any objections to exhibits or witnesses must state the legal reasons therefor except on relevancy grounds, and must be filed with the Clerk of the Court and a copy delivered to opposing counsel at least five days before trial or the objections will be deemed waived absent leave of court for good cause shown. VI. Pretrial Conferences by any party or upon its own motion, the court may order a pretrial conference wherein motions in limine, settlement discussions or other pretrial motions which may aid in the disposition of this action can be heard. VII. Motions in Limine Absent leave of court, any motion in limine which requires argument exceeding five minutes must be duly noticed and heard before the day of trial. VIII. Witness Subpoenas Early filing of a request for witness subpoenas is encouraged so that such subpoenas may be served at least 10 days before trial. IX. Continuances Continuances will only be granted by the court for good cause shown. X. Jury Instructions Counsel of record, unless compliance is waived by the court, must, two business days before a civil jury trial date, exchange proposed jury instructions. At the commencement of trial, counsel of record must tender the court the originals of all agreed upon instructions and copies of all contested instructions with appropriate citations. This requirement does not preclude the offering of additional instructions at the trial. XI. Deposition Transcripts to be Used at Trial Counsel of record must confer and attempt to identify and resolve all issues regarding the use of depositions at trial. It is the obligation of the proponent of any deposition of any non-party witness who will not appear at trial to advise opposing counsel of record of counsel's intent to use all or a portion of the deposition at trial at the earliest reasonable opportunity. Other than trial depositions taken after completion of discovery under Paragraph II, designations of portions of non-party depositions, other than for rebuttal or impeachment, must be exchanged no later than 30 days before trial, except for good cause shown or by agreement of counsel. It becomes the obligation of the non-designating parties of any such designated deposition to file any objection or counter-designation within seven days after the proponent's designation. Further, it becomes the obligation of the non-designating parties to bring any objections or other unresolved issues to the court for hearing no later than 5 days before the day of trial. XII. Waiver or Modification of Terms of Order Upon motion, the time limits and prohibitions contained in this order may be waived or modified by leave of court for good cause shown. Last amended by Order dated November 23, 2020; effective March 1, 2021. APPENDIX 3-A. Alternate Uniform Pretrial Scheduling Order For Use in Eminent Domain Proceedings (Rule 1:18B). I. Trial The trial date is scheduled for ______________________, commencing at ______ a.m., before _____ a freeholder jury, _____ panel of commissioners or _____ bench trial (select applicable option). The estimated length of trial is _____ days. If the case is set before a panel of commissioners, each party must submit nominations of at least six (6) qualified persons on or before _______________ so that at least nine (9) commissioners and two (2) alternates can be summoned for trial. Counsel for petitioner must prepare and submit a sketch order for the court's use in appointing and summoning commissioners for trial. II. Discovery The parties must complete discovery, including depositions, by 30 days before trial; however, depositions taken in lieu of live testimony at trial will be permitted until 15 days before trial. "Complete" means that all interrogatories, requests for production, requests for admissions and other discovery must be served sufficiently in advance of trial to allow a timely response at least 30 days before trial. Depositions may be taken after the specified time period by agreement of counsel of record or for good cause shown, provided however, that the taking of a deposition after the deadline established herein will not provide a basis for continuance of the trial date or the scheduling of motions inconsistent with the normal procedures of the court. The parties have a duty to seasonably supplement and amend discovery responses pursuant to Rule 4:1(e) of the motion filed must contain a certification that counsel has made a good faith effort to resolve the matters set forth in the motion with opposing counsel. III. Designation of Experts If requested in discovery, petitioner's experts must be identified on or before 120 days before trial. If requested in discovery, defendant's and all other opposing experts must be identified on or before 90 days before trial. If requested in discovery, experts or opinions responsive to new matters raised in the opposing parties' identification of experts must be designated no later than 60 days before trial. If requested, all information discoverable under not ordinarily be permitted to express any nondisclosed opinions at trial. The foregoing deadlines will not relieve a party of the obligation to respond to discovery requests within the time periods supplement or amend prior responses pursuant to Rule 4:1(e). IV. Dispositive Motions All dispositive motions must be presented to the court for hearing as far in advance of the trial date as practical. All counsel of record are encouraged to bring on for hearing all demurrers, special pleas, motions for summary judgment or other dispositive motions not more than 60 days after being filed. V. Exhibit and Witness List Counsel of record must exchange 15 days before trial a list specifically identifying each exhibit to be introduced at trial, copies of any exhibits not previously supplied in discovery, and a list of witnesses proposed to be introduced at trial. The lists of exhibits and witnesses must be filed with the Clerk of the Court simultaneously therewith but the exhibits should not then be filed. Any exhibit or witness not so identified and filed will not be received in evidence, except in rebuttal or for impeachment or unless the admission of such exhibit or testimony of the witness would cause no surprise or prejudice to the opposing party and the failure to list the exhibit or witness was through inadvertence. Any objections to exhibits or witnesses must state the legal reasons therefor except on relevancy grounds, and must be filed with the Clerk of the Court and a copy delivered to opposing counsel at least five days before trial or the objections will be deemed waived absent leave of court for good cause shown. VI. Pretrial Conferences party or upon its own motion, the court may order a pretrial conference wherein motions in limine, settlement discussions or other pretrial motions which may aid in the disposition of this action can be heard. VII. Motions in Limine Absent leave of court, any motion in limine which requires argument exceeding five minutes must be duly noticed and heard before the day of trial. VIII. Witness Subpoenas Early filing of a request for witness subpoenas is encouraged so that such subpoenas may be served at least 10 days before trial. IX. Continuances Continuances will only be granted by the court for good cause shown. X. Instructions Counsel of record must, two business days before trial, exchange proposed instructions. Any instructions from VMJI may be identified by instruction number. Counsel for petitioner must prepare and have available at the commencement of trial the originals of all agreed upon instructions. Each party may also submit originals and copies of all contested instructions with appropriate citations. This requirement will not preclude the offering of additional instructions at the trial. XI. Deposition Transcripts to be Used at Trial Counsel of record must confer and attempt to identify and resolve all issues regarding the use of depositions at trial. It is the obligation of the proponent of any deposition of any non-party witness who will not appear at trial to advise opposing counsel of record of counsel's intent to use all or a portion of the deposition at trial at the earliest reasonable opportunity. Other than trial depositions taken after completion of discovery under Paragraph II, designations of portions of non-party depositions, other than for rebuttal or impeachment, must be exchanged no later than 30 days before trial, except for good cause shown or by agreement of counsel. It becomes the obligation of the non-designating parties of any such designated deposition to file any objection or counter-designation within seven days after the proponent's designation. Further, it becomes the obligation of the non-designating parties to bring any objections or other unresolved issues to the court for hearing no later than 5 days before the day of trial. XII. Transportation Arrangements Counsel for petitioner is responsible for contacting the Sheriff's Department in advance of trial to assure that arrangements are in place to transport the commissioners/jury to and from the subject property. XIII. Waiver or Modification of Terms of Order Upon motion, the time limits and prohibitions contained in this order may be waived or modified by leave of court for good cause shown. Last amended by Order dated January 12, 2021; effective immediately.