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  #1  
Old 10-13-2006, 11:48 AM
beeboah beeboah is offline
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Do rules of the Supreme Court apply to General District Court?

For example, I "heard" that I cannot move for a defendant' summary judgment in General District Court, just Circuit Court or higher.

I just searched virginia code and found nothing about it, but in the Supreme Court Rules it says that I am free to move for summary judgment any time I want.

So do State Supreme Court Rules apply to General District Court?

Thanks!
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  #2  
Old 10-13-2006, 12:50 PM
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Codee Codee is offline
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Generally no. That is why they are called "Supreme court" rules instead of "all court" rules.
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  #3  
Old 12-14-2006, 12:21 PM
beeboah beeboah is offline
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Alright so I am having one heck of a time getting a copy of the Civil Rules of Procedures here.

For what I can see here, alot of the code here refers back to the Supreme Court Rules...

This is what I have and I am going nuts.

I just want to request an admissions of the alleged OC.

This State's code says nothing of admissions in what I believe to be it's civil rules of procedure.

It just gives a timeline in the Supreme Court Rules.

No clerk is telling me about the rules of civil procedure and I have been trying county after county.

Here is what I have so far:

Supreme Court Rules:

http://leg1.state.va.us/000/scr/TOC.HTM

Civil Case Procedures:

http://www.courts.state.va.us/ed/resources/dcman/7.pdf

Civil Remedies and Procedures:

http://leg1.state.va.us/cgi-bin/legp...cod+TOC0800100

Again, Some of the Civil Remedies and Procedures refer back to the Supreme Court Rules.

Is that normal???

Help!!
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  #4  
Old 12-14-2006, 12:28 PM
beeboah beeboah is offline
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prime example:

§ 8.01-384.2 Waiver of discovery time limitations by parties. Parties involved in any civil litigation may, without court order and upon agreement of all of them or their counsel, waive any time limitations established by the Rules of the Virginia Supreme Court relating to any response to a motion or request for discovery or the scheduling of any discovery proceedings. The court shall allow any such waiver unless an order establishing discovery or filing deadlines has been entered previously by the court in the action.
So if supreme court rules don't apply, then why this?

Also the adverse party is using supreme court rules to try and deny my old motion for summary (which I have dismissed).
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  #5  
Old 12-15-2006, 05:19 PM
masterduke masterduke is offline
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If you expect to get any useful information from your request for admissions sent to the debt attorney, don't hold your breath! They will be completely evasive in any answer that they feel could prove hurtful to their cause. As they are fond of saying, "This falls out of the realm of permissable discovery", or some such trash. Of course the judge will totally allow this to stand as an answer to your questions. Lack of standing seems to be the way to fight these people as it takes the "normal" issues that the judge conviently slams you with, and elevates the case to a different level. Plus it makes them mad. They are lazy, useless, blobs that sure don't wanna have to use their brain to figure anything out. Just giving the appearance of justice is ALL they concerned about. They have had this "rigged game" going for along time. They are not going to change one single thing if they can help it. So BLAST THEM with their own rules and go after the judge's oath and the debt attorneys lack of standing.
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