Martin v. Hackney

Defendant has moved for summary judgment in this negligence action based on answers to requests for admissions. Plaintiff claims that the requests for admissions are merely a reiteration of the discovery depositions, to which she objects, and that § 8.01-420 forbids summary judgment under those circumstances. I agree with the Plaintiff.

A rose by any other name is still a rose. A discoveiy deposition by any other name is still a discovery deposition. The requests for admissions in this case are nothing more than discovery deposition questions presented in another form.

Summary judgment is expressly forbidden by § 8.01-420 when based in whole or in part on discoveiy depositions, unless all parties agree to their use. Accordingly, the motion for summary judgment is denied.