Superior Court of the Virgin Islands
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Rules Governing the
Superior Court of the Virgin Islands

Rule 39. Depositions and discovery

(a) Depositions and discovery shall be had in the Territorial Court of the Virgin Islands, pursuant to the provisions of Rules 26 to 37, inclusive of the Federal Rules of Civil Procedure. All references in the aforesaid Rules 26 to 37, inclusive to "Court", "District Court", or "U.S. District Court" shall be deemed a reference under this rule to the Territorial Court of the Virgin Islands.

(b) Conduct of Counsel during deposition. Counsel shall refrain from any conduct, including but not limited to the following, which impedes, delays or otherwise frustrates the fair and reasonable examination of the deponent:

1. Coaching the deponent by objecting in any manner other than by stating the objection for the record and briefly describing its basis.

2. Directing the deponent not to answer any question posed unless the question calls for privileged information.

3. Leading the deponent with respect to times, dates, documents, testimony, etc.

Any failure by counsel to refrain from engaging in the conduct herein could result in the imposition of appropriate sanctions by the Court upon motion of opposing counsel.--Added Apr. 9, 1970; amended May 12, 1998.

Explanatory Notes

Former rule. Former Rule 39 related to interrogatories and was repealed by order of the District Court, dated April 9, 1970.

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