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Virginia bench book law very clear on BOP, what next?


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Ok... Plaintiff ignored clear court order to prove me with Bill of Particulars by 5/7. The BOP form clearly states must be delivered by mail by 5/7, not postmarked or any other excuse. Plaintiff is CA for OC.

Here's Virginia law...

C. Bills of Particulars and Grounds of Defense

1. The general district court can require the plaintiff to file a written bill of particulars. Remedies for failure to follow the order include summary judgment in favor of adverse party or exclusion of evidence as to matters not described in the pleading. Va. Code § 16.1-69.25:1, Rule 7B:2.

There are no statutes for "meet and confer" or "motion to compel documents". Two remedies only...

Now, do I file a motion for exclusion of BOP and do I need to include any and all docs to be precluded? Or should I go for the throat with a motion for summary judgement to dismiss with prejudice?

Snake attorney tried to scare me on original court date by stating that the court frowns upon people who don't file on time. Sheer irony....

Thanks for the info here giving me the courage I needed to just go and dispute.

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I would file a "motion for summary judgment or in alternative for preclusion of evidence", that way if the judge does not rule in your favor on the summary judgment he/she may preclude them from admitting evidence they did not produce in response to the BOP request. Either way, they will not have a case.

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http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC0800100

If the plaintiff fails to respond to a bill of particulars, the court may enter summary judgment against the Plaintiff.

 

Commonwealth of Virginia Rule 7B:2

 

NOTICES: Failure to comply with this order may be grounds for awarding summary judgment in favor of the adverse party. Both parties must be prepared, at trial, to prove their case with admissible evidence. Upon trial, the judge may exclude evidence as to matters not described in this pleading.

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Well... Semi-good news yesterday! Got a letter stating they Dismiss "non-suit without prejudice"!

Maybe I should just pat myself on the back for just showing up, but I want more... They sued me without the goods, caused me duress (ask my wife) and threatened to place a lien on my property. I don't want money or anything, but I do want a dismissal with prejudice.

Any options for me or should I be quiet until they sue me again or sell to a JDB?

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