On July 1, 2019, an amendment to the Virginia Code took effect which allows discovery depositions and affidavits to be “used in support of or in opposition to a motion for summary judgment in any action when the only parties to the action are business entities and the amount at issue is $50,000 or more.” See Va. Code sec. 8.01-420(C).
Previously, depositions could only be used if all parties agreed to allow it, or in seeking dismissal of a claim or demand for punitive damages. It remains to be seen whether this modest change reflects a trend toward liberalizing the restrictions on summary judgment in Virginia. The change to Rule 3:20 of the Rules of the Virginia Supreme Court, which will implement the statute’s modification, will take effect on September 1, 2019.