Virginia General District Court - Trying Civil Cases in GDC

As always, before reading this post, please review my disclaimer by following the link above or by clicking on this link.  As always, any legal principles discussed apply only to the Commonwealth of Virginia.

Introduction

Two weeks ago, I began a four part series covering the basics of trying civil cases in each of Virginia's three trial courts.  In that post, I provided a basic introduction to the three courts and a basic breakdown of what kinds of cases they hear.  Last week, I covered trying civil cases in the Juvenile and Domestic Relations District Court.  Today, I will cover trying cases in the General District Court, or GDC.

Differences from County to County

Like the J&DR Court, there are some procedural differences between counties.  Those differences, however, are relatively minor compared to the differences you encounter in J&DR.  As a result, while I will again focus on the procedures in Fairfax County, this time you can be fairly confident that your court's procedures will be similar, if not identical.

Typical Case

Again, like the J&DR Court, different kinds of General District Court cases have different procedures.  As a result, this post will talk about a "typical" case for the most part, and then have a section at the end discussing some "atypical" cases.

In GDC, I would consider a "typical" case to be a regular lawsuit for money.

Step 1:  File your Warrant

Ok, if you thought a "petition" was odd in J&DR, what on earth is a "warrant" doing in civil court?  Well, despite how common culture treats the word "warrant" all that the term "warrant" actually means is "authorization."  So, a "search warrant" is authorization to conduct a search, and an "arrest warrant" is an authorization to arrest someone.  In civil law, you can file a "warrant in debt" which authorizes the court to summon an alleged debtor to court to answer your charge that he or she owes you money.

Now, "warrant in debt" is a very old term that is basically used nowhere except in Virginia.  Even in Virginia, it is really only used in General District Court.  The reason for this is that lawsuits are almost always initiated by what is called a "Complaint" nowadays, but in the GDC, a warrant in debt is still standard due to the forms put out by the Commonwealth.

The GDC often calls itself a "form-based" court.  This is because the Virginia Courts have put out a whole series of "forms" that are basically just fill in the blank forms for just about every type of case the GDC has power over.  If there's not a form for it, you probably can't do it in GDC.  Their form for initiating a lawsuit, then, remains as it has been for decades - a "warrant in debt."  So, the result is you still typically file a warrant in debt in GDC.

So, to find the warrant in debt form to fill out, you can go here, scroll down to the warrant in debt form, and fill it out with the correct information about your case.  You will also want to complete a servicemember affidavit (form DC-418), though you need to sign that form in front of a notary or the clerk of the court.

After your paperwork is complete, take your forms and your filing fee (fee varies by county) and service fee and go to your local GDC civil division to file.

Step 2:  Set your Return Date

The next step will be to set your return date.  In some counties, you choose this date from a list of available dates you can get from the court.  In others, the court chooses it for you.  This is the date that you first have to appear in court.  Note that, unless the clerk tells you otherwise, your return date is not the trial date.

Step 3:  Appear at Return Date

Next you will appear at the return date.  If the other side does not show up at the return date, you filed the servicemember affidavit when you filed your warrant in debt, and the other side was properly served with the warrant in debt, you can get a default judgment.  You can present what is called ex parte proof, where you explain to the judge why you are entitled to what you are entitled to, and if the judge agrees, you will get judgment right then and there.

If the other side does show up, they can either confess judgment (in which case you win), or they can deny that they owe what you say they do, and a trial date will then be set.

Also, either party has the right to request "pleadings."  These would be a Bill of Particulars, for the plaintiff to lay out the details of their case, and an Answer and Grounds of Defense, for the defendant to lay out their defense.

Step 4:  Complete Pleadings

If pleadings are ordered, it is critical that you do them, and get them filed and served on time.  Failure to do this will result in you losing your case.

Step 5:  Preparing for Trial

There will usually be a good bit of time between your return date and your trial.  Use that time to prepare your pleadings, interview and prepare witnesses, and, if necessary, subpoena documents from the other side to be prepared for what they might present.

Step 6:  Trial

A trial in GDC is much like a trial in any other case.  The rules of evidence, basic rules of procedure, etc. are all the same.  The plaintiff goes first, then the defendant, then the plaintiff gets a chance at a rebuttal.  At the end, the judge will rule, and will enter the judgment right then and there (since there's a blank form for them to do that, usually already in the file).

Step 7:  Post-Trial

Remember, you have the right to appeal any GDC ruling to the Circuit Court for a whole new trial, as long as there is at least a $50 difference between your desired result and the result you actually obtained.  To take advantage of this right, you must file your Notice of Appeal in GDC within 10 days from the date of judgment, and you must pay your appeal bond within 30 days of the date of judgment.

Some "atypical" cases

As I mentioned above, not all cases follow the above-listed process.  Below I've summarized some important to know cases that do not follow these exact procedures:

• Evictions:  Evictions (also known as "unlawful detainers") have some important differences.  First, many courts only hear evictions on a certain day of the week (Fridays in Fairfax County).  Second, while the return day for a warrant in debt is usually required to be around 30 days after the date of filing, the return day for an unlawful detainer is usually required to be 15-21 days after the date of filing.  Third, there are usually months between the return day and trial for a warrant in debt, but for an unlawful detainer, it's usually 2-3 weeks.  Finally, if you are the defendant in an unlawful detainer, an appeal requires you to pay your appeal bond at the same time as you file your notice of appeal (so, within 10 days).
• Small Claims Division:  Cases in the small claims division of GDC have some pretty major differences.  First, there are no attorneys in small claims.  If either side gets an attorney, the case is kicked out to the main GDC.  Second, there is no return day - the first day you come to court is the trial date.  Third, there is no option for "pleadings" in small claims.  Finally, the rules of procedure at trial for small claims court are usually much more informal.
• Protective Orders:  Since 2012, the GDC has had jurisdiction over protective order cases between people not considered "family members" under the Virginia Code's expanded definition of the term.  The procedures for a protective order in GDC are much the same as in J&DR - ex parte appearance in front of a judge to get a preliminary protective order, then a relatively short hearing within 15 days on the issue of a final protective order.  For more on protective orders, you can view my post on the topic.

Conclusion

Practice in the General District Court can be full of pitfalls, and if you have a savvy opponent, you can fall prey to tricks pretty easily.  It is always best, in my opinion, to proceed with an attorney.  If you have a case coming up or that you would like to file in GDC, please feel free to call (703)281-0134, or e-mail me at SLeven@thebaldwinlawfirm.com to set up a consultation.  Our initial consultations are free for up to half an hour!

Virginia Juvenile and Domestic Relations Court - Trying Civil Cases in J&DR

As always, please before reading this post please review my disclaimer by clicking the link above, or by clicking on this link.  As always, any legal principles discussed apply only to the Commonwealth of Virginia.

Introduction

Last week, I began a promised four part series covering the basics of trying civil cases in each of the three Virginia trial courts.  Last week's post provided an introduction to the three courts and a basic breakdown of what kinds of cases are heard in each court.  This week, I will begin providing the more detailed assessment of practice in each court.  Today's topic is the Juvenile and Domestic Relations District Court, commonly referred to as J&DR or JDR.

Differences from County to County

It's important to know that J&DR does not have a great deal in set rules of procedures from the state, unlike the other courts.  The result is that there can be some pretty substantial differences in practice from county to county.  As a result, I am primarily going to be talking about how things work in Fairfax County here.  That being said, most counties I have been in for J&DR appearances follow identical or very similar procedures, there being only one or two I can think of that I have practiced in whose procedures have been substantially different.

Typical Case

It's important to also note that different kinds of cases can have different procedures.  This is not just a J&DR thing, that's true in all courts.  As a result, in this post (and in my future posts in this series) I will be talking about a "typical" case for the most part, then have a section near the end giving the very basics of some "atypical" cases that are still important to know.

In J&DR, I would consider a "typical case" to be a case seeking to establish child custody, child visitation, child support and/or spousal support.

Step 1:  File your Petition

J&DR is a "petition-based" court.  This means that you are "petitioning" the court to grant you certain relief, and the case is properly captioned as "Petitioner v. Respondent" rather than "Plaintiff v. Defendant."  The distinction is no longer particularly important, and if you accidentally label a pleading as "plaintiff" or "defendant," you are unlikely to get in trouble for it.  Nonetheless, this is useful to know because I have found some clients to be confused by the names of various documents since they don't conform to the lawsuit language you might see on TV.

Anyways, the first step to begin a J&DR case is to file your petition.  If you don't have an attorney, go to your local J&DR civil intake office, where a clerk will assist you in filling out the proper paperwork.  If you do have an attorney, they will have their own forms and can skip the intake office, which is an advantage as an attorney-filed petition will generally get converted into a case file and heard by the court faster than an intake office filed petition.

Step 2:  Status Conference

One of the great things about J&DR is that they will usually take care of serving all parties on their own, so this is one less thing for you to worry about.  After your case is filed, the court will schedule it for what is called a "status conference."  Note that some courts actually require you to pick the date of your status conference when filing and note it on your petition, so you should consider calling ahead to find out if that's the case in your court before you file.

Once scheduled, a notice setting the status conference, along with a copy of the petition, will be served on all parties (including you).

At the status conference, the judge will ask you the status of your case - specifically whether or not you and the other side have reached an agreement on the matter at issue.  If so, the court will usually enter an agreed order right then and there.  If not, the judge will ask you how long of a trial you think will be necessary, and then work with you to set a date for the trial.

Two important things can also happen at a status conference.  First, if it's a support case, the judge might on his or her own enter an "evidence order."  This is an order that requires you to bring certain documents to the trial under penalty of contempt.  If an evidence order is entered, you will be given a copy, and make sure you follow it.

The other thing that can happen is that one or both parties can request that discovery be authorized.  If either party requests it, the judge will usually agree, and then discovery can be conducted.  For more on discovery, you can review my post on the topic.

Step 3:  Preparing for trial

There will usually be a good bit of time between your status conference and your trial.  During that time, you should be gathering all of your documents and evidence and lining up potential witnesses.  If discovery has been authorized, you should also promptly send out discovery requests.  If involved in a support case, you can also file a motion for pendente lite relief which may allow you to receive some support while your case is pending.

Step 4:  Trial

A trial in J&DR is a lot like a trial in any other court.  The rules of evidence, basic rules of procedure, etc. all are the same.  The petitioner presents his case first, the respondent presents his second, and then the petitioner can present rebuttal evidence.  J&DR courts are usually very overworked, however, and as a result will usually strictly stick to the time limit set at the status conference, so keep that in mind when preparing for trial.

In most cases, at the end the judge will not only rule, but will draft and enter an Order laying out his ruling right then and there.  In some cases, he might set a short hearing date a few weeks in the future to allow you and the other side to write up the order to present to the court for entry.

Step 5:  Post-trial

Remember, you have the right to appeal any J&DR ruling to the Circuit Court for a whole new trial.  To take advantage of this right, you must file your Notice of Appeal in the J&DR court (the J&DR clerk will have a copy of the Notice of Appeal form) within 10 days of entry of the final order.  You must also pay your appeal bond within 30 days of entry of that order.

Some "atypical" cases

As I mentioned above, not all cases follow the above-listed process.  Below, I've summarized some important to know cases that do not follow this procedure.

• Protective Orders:  In cases involving protective orders, the process listed above is basically not followed at all.  Instead, the "Complainant" (a protective order comes from a "Complaint" instead of a "Petition") will usually go in front of a judge the day he files and get a preliminary protective order.  The hearing on the final protective order then will have to be held within fifteen days.  So, there's no status conference, no discovery, etc.  Most courts also limit protective order hearings to 30 minutes.  There is, however, still a right for the losing party to appeal to the Circuit Court, although there will be no (or a very low) appeal bond.  For more on protective orders, you can review my post on the topic.
• Modification Proceedings:  If, instead of filing an initial petition, you are seeking to modify an already existing order, the procedures vary dramatically from county to county.  In Fairfax County, the procedures are actually largely the same, but in many counties you are required to pick the status conference date and/or you are required to serve the papers on the other side.

Conclusion

Practice in J&DR is, in many ways, simpler than in the other courts.  You have a status conference to help guide you along to trial, and it's possible for the pre-trial process to be fairly simple.  Nonetheless, J&DR is full of its own pitfalls, especially is discovery is authorized, motions filed, or similar issues come up.  As a result, it is still best to proceed with an attorney.  If you have a case coming up or that you wish to file in J&DR, please feel free to call (703)281-0134 or e-mail me at SLeven@thebaldwinlawfirm.com to set up a consultation.  Our initial consultations are free for up to half an hour!

Virginia Trial Courts - An Introduction

As always, before reading this post, please review my disclaimer by following the link above or by clicking on this link.  As always, any legal principles discussed apply only to the Commonwealth of Virginia.

Introduction

Most of you who have been reading my blog for some time have seen me discuss on and off the various trial courts we have in Virginia.  This can confuse many people, because most people not familiar with the law do not realize we have three separate and distinct trial courts.  I have decided it is time for me to go into more detail, so I've planned a four-week, four part blog series to discuss this.  Today, I will provide some basic background for each of the courts and talk about what kinds of cases those courts hear.  For the next three weeks, I will go into depth in how civil (so not criminal, which I do not practice) cases are handled from beginning to end in each court.

So what are the three courts anyways?

If you're new to this blog, you may not realize that we have three separate and distinct trial courts in Virginia.  The Circuit Court, the General District Court (GDC), and the Juvenile and Domestic Relations District Court (J&DR) are each different courts with (usually) different courtrooms and (always) different judges.  The General District Court also has a small claims division, which is the small claims court in Virginia, but that is not a separate court, as the small claims division still meets in General District courtrooms and is overseen by General District Court judges.

The Circuit Court is the "highest" trial court.  Its orders hold precedence over conflicting GDC and J&DR orders unless the GDC or J&DR court orders come after the Circuit Court order and the Circuit Court had yielded jurisdiction to the district court.  The Circuit Court is also our "court of record," while the GDC and J&DR courts are "courts not of record."  This is a distinction that used to be much more meaningful - courts of record would have a record of proceedings kept, while courts not of record would not - but since the advent of computers, most courts not of record still maintain an active record of their proceedings and hold on to exhibits for at least some time.

Perhaps the biggest difference between the Circuit Court and the GDC and J&DR courts are that the Circuit Court is the only trial court in which your case can be heard by a jury.  You might think that this is unconstitutional considering the kinds of cases GDC and J&DR can hear (which I will get to shortly), but the reason it is acceptable is that cases from the GDC and J&DR courts can be appealed to the Circuit Court, and when they are, you get a whole new trial in the Circuit Court (as though the GDC or J&DR trial never happened), where you can get a jury.

What kinds of cases does the Circuit Court hear?

So, the Circuit Court is the Virginia trial court of "general jurisdiction."  That means the Circuit Court has jurisdiction over all matters that can be heard in a trial court in Virginia.  That being said, Circuit Courts have three kinds of jurisdiction:  exclusive jurisdiction, concurrent jurisdiction, and appellate jurisdiction.

Cases over which a Circuit Court has exclusive jurisdiction are cases that can only be heard in the Circuit Court.  These include, but are not limited to, adult felony trials (including juveniles charged as an adult), divorces, appeals from a ruling of your local Board of Zoning Appeals, almost all lawsuits that are cases "in equity" (for a brief, albeit incomplete, explanation of cases "at law" vs. cases "in equity" you can review this blog post), and almost all lawsuits for money where the base amount of compensatory damages being sought is more than $25,000.

Cases over which a Circuit Court has concurrent jurisdiction are cases that can be filed either in the Circuit Court or in a lower court, at the discretion of the person filing (although there are some rules about how this actually works).  These cases include, but are not limited to, child support cases between married parents who are getting divorced (concurrent with the J&DR court), child custody/visitation cases between married parents who are getting divorced (concurrent with the J&DR Court), spousal support cases (concurrent with the J&DR court; in the Circuit Court this can come in the form of a divorce or a complaint for "separate maintenance"), and almost all lawsuits for money where the base amount of compensatory damages being sought is at least $4,500 but no more than $25,000 (concurrent with the GDC).

Finally, cases over which a Circuit Court has appellate jurisdiction are cases that must first be heard in a lower court, but can then be heard in the Circuit Court on appeal.  These cases include, but are not limited to, criminal misdemeanor trials, juvenile felony trials (where the juvenile was not charged as an adult), protective order cases, any concurrent jurisdiction case where the case was initiated in the lower court, and almost all lawsuits for money where the base amount of compensatory damages being sought is at least $50 but no more than $4,499.

What kind of cases does the General District Court hear?

So, unlike the Circuit Court, the General District Court is a court of "specific jurisdiction."  This means it can only hear cases specifically assigned to it by the Code of Virginia.

The General District Court hears preliminary hearings for all adult felony cases (except where the defendant is a juvenile, even if that juvenile is being charged as an adult) and hears criminal trials for all misdemeanors where the defendant is an adult and the victim (if there is one) is not a member of the defendant's family.

On the civil side, the General District Court's small claims division can hear any lawsuit for money where the amount being sought is $5,000 or less.  Outside the small claims division, the General District Court can hear any lawsuit for money where the amount being sought is $25,000 or less.  The General District Court can also hear unlawful detainer cases (lawsuits for eviction) in commercial landlord/tenant matters even when the amount in controversy is more than $25,000.

Finally, the other big area where the General District Court has jurisdiction is over protective orders where the defendant is not considered a "family member" (with that definition being as explained in this blog post) of the plaintiff.

The GDC has jurisdiction over a number of other matters, but those are the big ones.

What kind of cases does the J&DR Court hear?

The J&DR Court is also a court of "specific jurisdiction," though its jurisdiction is over a much broader array of cases than the GDC.  Pretty much any case you can think of involving children or domestic relations (other than divorce) can be heard in the J&DR court.

Some of the big ones that the J&DR court hears are preliminary hearings for felony cases where the Commonwealth seeks to charge a juvenile as an adult, full criminal trials for felonies committed by juveniles who are not charged as adults, full criminal trials for misdemeanors where the defendant is a juvenile or where the defendant and the victim are related (regardless of the age of the defendant), child support cases (regardless of the relationship between the parents), child custody/visitation cases (regardless of the relationship between the parents), spousal support cases, termination of parental rights cases, juvenile consent for abortion cases (cases where a pregnant juvenile wishes to have an abortion and her parents are withholding consent), and protective order cases between parties that are considered "family members" (under the definition discussed in my previous blog post).

J&DR Courts also hear cases to make the findings of fact necessary for an undocumented, unaccompanied, non-citizen minor who lives in Virginia to be eligible for Special Immigrant Juvenile Status - a type of green card available to unaccompanied minors that has become a major source of interest in recent months, as Virginia has taken in a large number of the unaccompanied children that had crossed the southern border last year.

Again, these are not the only cases J&DR Courts hear, but in my experience, they are the biggest.

How do appeals from GDC and the J&DR court work?

So, almost every trial in the GDC and J&DR courts can be appealed to the Circuit Court.  When an appeal is taken to the Circuit Court, the case is tried in the Circuit Court de novo, meaning the whole thing is done again, and the Circuit Court pretends no trial in the lower court ever happened (as opposed to an appeal from the Circuit Court to the Court of Appeals or the Virginia Supreme Court, where you must prove the Circuit Court did something wrong in order to get a new trial).  In order to take an appeal, it must be a case eligible for appeal (again, this is nearly every case the lower courts hear, although in a lawsuit for money, for example, the difference between what you wanted and what the lower court ordered must be at least $50), and you must file your notice of appeal within 10 days of the judgment of the lower court being entered.

In many civil cases, however, that does not complete your appeal - you also must "perfect" your appeal by filing an appeal bond.  If you were the civil plaintiff below, your appeal bond is usually only a filing fee ($130 or so).  If you were the defendant, however, and it was a lawsuit for money, or a support case that found you had an arrearage, your appeal bond is usually going to be the full amount the court ruled you owe, and if you don't pay that bond to the court, you cannot appeal.

Your appeal bond is generally due within 30 days from the date the lower court judgment is entered, although in unlawful detainer cases, if you are the defendant, your appeal bond is due within the same 10 days that your notice of appeal is due.

Conclusion

Virginia's trial court system can be very confusing for someone who is not an attorney - this is why I am doing this four part series.  Fortunately, attorneys are allowed to appear in all three courts, and while technically you cannot have an attorney in the GDC small claims division, if you are sued there you can get an attorney and move the case to outside the small claims division.  If you are considering filing a case and cannot figure out where it should be filed, you should strongly consider consulting an attorney.  If your case is in one of my firm's practice areas (family law, landlord/tenant law, contract law, etc.), you can call (703)281-0134 or e-mail me at SLeven@thebaldwinlawfirm.com to set up a consultation.  Our initial consultations are free for up to half an hour!

Civil Discovery in Virginia - Taking the Surprise Out of Trial

As always, before reading this post, please review my disclaimer by following the link above or by clicking on this link.  As always, any principles discussed apply only to the Commonwealth of Virginia.

Introduction

I'm often asked by friends who have observed or heard about a trial, how it is that one side has in their possession so many documents belonging to the other side, or so much information about the other side.  As time has gone on, it has become clearer and clearer to me that there is probably no part of civil litigation that is less well understood than discovery - the process of obtaining information in order to prepare for trial.  This is unfortunate, because, in my opinion, 80% of relevant cases that go to trial are won or lost in discovery, and if you don't have an attorney and don't understand the process, you are suddenly at a huge disadvantage.

In today's blog post, I hope to provide you with the basics of how discovery works in Virginia.

What is Discovery?

Discovery is, to some degree, what it sounds like.  It is the process by which you "discover" relevant information, documents, evidence, etc.  Now, there is discovery in criminal cases and civil cases, but as I do not practice criminal law, I am only covering civil discovery in this post.  Criminal discovery has quite a few differences.

When is Discovery available?

So, discovery is actually not always available to civil litigants.  Under the Rules of the Supreme Court of Virginia, discovery is only fully available to civil litigants going to trial in the Circuit Court (for a reminder of what the various trial courts in Virginia are, see this blog post).  In the Juvenile and Domestic Relations District Court, it can become partially available upon motion of a party and granting of the motion for good cause shown by the judge.  In the General District Court (both regular and small claims division), discovery is not available at all with one exception.

Now, you may remember that there is something called an "appeal of right" from the Juvenile and Domestic Relations District Court and the General District Court (again both regular and small claims division) to the Circuit Court, where a whole new trial would be held.  If you have such a case - you already had a trial in the J&DR or General District Court and now it's been appealed to the Circuit Court - discovery is available during that appeal.  Again, when you appeal to the Circuit Court, you basically act like the lower court trial never happened, and you're just having a regular trial in the Circuit Court.

Ok, so how does discovery work?

So, discovery works by you, or your attorney, sending out various documents that require responses in various forms, response to which can be compelled by law.  There are five forms of discovery in Virginia, each providing different bits of value to a case:  Interrogatories, Requests for Production, Requests for Admission, Subpoena for Documents, and Depositions.  Regarding the previous section of this post, depositions are not allowed in the J&DR Court, even when discovery has otherwise been authorized, but subpoenas for documents are always allowed, and the other three forms are allowed when discovery is authorized.  In the General District Court, subpoenas for documents are allowed, but the other four forms are never allowed.  Here's how each type works:

• Interrogatories:  Interrogatories allow you, or your attorney, to serve questions on the other side, which must be answered under oath.  This is a good way to get some basic information (bank account balances, their position on different issues, etc.), and an early idea of what kinds of things they might say on the witness stand.  Interrogatories must be responded to and signed under oath within 21 days (with some exceptions) of being served.  You are limited, however, to only asking 30 Interrogatories (and each sub-part of an interrogatory counts as a separate one) unless you get prior permission from the court to ask more.
• Requests for Production:  Requests for production allow you, or your attorney, to serve a list of items (documents, items, videos, etc.) on the other side which they then must allow you either access to, or send you copies of.  The access must be granted, or the copies received, within 21 days (with some exceptions) of the requests being served.  There are no limits to the number of Requests for Production.
• Requests for Admission:  Requests for admission allow you, or your attorney, to serve a list of statements on the other side, which they must admit are true, or deny being true.  If admitted, that fact is accepted as true for the remainder of the case, and cannot later be denied.  This is a fantastic way to get certain undisputed facts out of the way, and to authenticate documents and other evidence.  Additionally, failure to respond to Requests for Admission within 21 days (with some exceptions) is automatically considered an admission of each statement.  There are no limits to the number of Requests for Admission.  [Please note that effective July 1, 2015, this is scheduled to change.  After July 1, 2015, you will still be allowed to ask an unlimited number of Requests for Admission which are solely for the purpose of authenticating documents, but all other Requests for Admission will be limited to 30.]
• Subpoena for Documents:  A subpoena for documents allows you, or your attorney, to serve a list of items (documents, items, videos, etc.) on the other side which they then must allow you either access to, or send you copies of.  This must be done by the date specified on the subpoena, so long as it is a reasonable amount of time after service.  This is usually used for non-parties, since it is the only way to compel them to respond, but you can serve subpoenas for documents on opposing parties as well.  Requests for Production are usually preferred where available, however, because the subpoena statute allows the requestee to refuse to respond until compensated for the time and expense of preparing the response, whereas responses to Requests for Production must be made at the requestee's expense.
• Depositions:  A deposition allows you, or your attorney, to take a witness's sworn testimony prior to trial, usually in the office of the deposing attorney.  A deposition can be taken of either party, or non-parties (compelled to attend by subpoena).  A deposition is a good tool for previewing what a witness might say on the stand, or learning information that might be worth following up on with further discovery and investigation.  A deposition generally cannot be used in place of testimony at trial unless a special circumstance exists, the use is agreed to by opposing counsel, or it is being used solely to impeach the credibility of a witness if the deposition being used is of that same witness.

What happens if the other side/non-party witness won't cooperate with Discovery?

There are a number of remedies available when the other side doesn't comply with discovery.  With Requests for Admission, you can simply request the court treat all statements as admitted, and that's that.  As an additional note, if someone denies a statement in a Request for Admission that is later proven true, you can recover your attorneys' fees for the cost it took to prove that statement true.

For Interrogatories, Requests for Production, a subpoena for documents issued to the other party, or a notice of deposition issued to the other party, you can file a Motion to Compel.  This is a motion asking the court to order the other side to comply.  As an added bonus, barring some substantial justification for the other party's actions, the court is required to award you your attorneys' fees expended for bringing the motion to compel.  If they still don't comply with the Compel Order, you can file a Motion for Sanctions, where the court gets a great deal of latitude for what it can do, ranging from barring a side from contradicting your evidence or presenting evidence on a certain topic, barring a side from presenting evidence or witnesses at trial altogether, or even dismissing a case outright.

For subpoenas for documents, or subpoenas to appear at a deposition, issued to non-parties, you can file for a Rule to Show Cause with the court.  A Rule to Show Cause requires the subpoenaed person to appear before the court and explain why they should not be held in contempt.  If they can't do that, they could very well be held in contempt and sent to jail (or face other penalties), although a judge will usually give them a chance to come into compliance first.  If they do not show up for the Show Cause hearing, a capias (bench warrant) for their arrest will be issued.

As a final note, if it turns out another side has intentionally withheld documents in bad faith (for example, by pretending they don't exist, rather than stating a good faith objection to providing them), sanctions can be quite harsh.  A false statement in response to Interrogatories, since they are signed under oath, or in response to a question during a deposition, can be grounds for a perjury prosecution.

What should I do if I've been asked questions I don't think I should have to answer?

Well, let me start off by saying that discovery is very broad.  Something does not have to be admissible at trial for it to be discoverable.  Something does not even have to be relevant to your case - so long as it is calculated to lead to relevant evidence.  For example, your best friend's address and contact number may not be relevant information to your divorce case, but if your best friend knows who you've been having an affair with, and the other side needs that address and contact number to get in touch with your best friend and find out, then that information is calculated to lead to relevant evidence and is discoverable.

Still, discovery is not an excuse to completely upend your life.  If something is not reasonably calculated to lead to admissible evidence, or it seeks information that would violate attorney-client privilege, or it is clearly designed just to harass you, for example, you can simply respond to that request by objecting and stating your objection.  They may file a motion to compel, at which time the court will rule on your objection, but you will not be penalized extra for not answering when you did, in fact, object.  There are a whole range of reasons you can object to discovery, and I can't get into them here, so I would advise consulting an attorney if you are trying to figure out how to respond.

Now, if you are a non-party subpoenaed for documents or for a deposition, the process is a little more complicated.  Rather than objecting, you must file with the court a Motion to Quash your subpoena.  The court will then decide if the subpoena should be quashed (treated as though it never existed), partially quashed, or completely allowed.  Again, there could be any number of reasons for a potential motion to quash, so you should consider consulting an attorney.

I think I have to answer this question, but I am terrified of what might happen if my answer gets out to the public.  What can I do?

So, sometimes discovery requires us to turn over private, embarrassing information.  Given that our trials are generally public record, and the other side may not have the same incentives for protecting information that you do, this means that information could get out to the public.  Fortunately, there is an option - you can file a motion for a protective order.

Now, in discovery, a protective order is nothing like what we normally call a "protective order" - which is a personal restraining order.  A discovery protective order allows the court to place restrictions on discovery, such as forbidding a side from publicly disclosing information they receive in discovery.  In some cases, a judge can even forbid a lawyer receiving a discovery response from sharing it with his or her client.

That being said, you must understand that in America we take the non-secrecy of our courts very seriously, and a protective order won't be issued lightly.  You have to make a fairly compelling case for one - that you would be very likely to be substantially harmed by the public dissemination of this information.  You are most likely to succeed if we are talking about something like medical records, or other things that we have a long public policy of allowing people to keep private.  Just because something is embarrassing, however, is not going to be enough.  Additionally, a protective order will not be issued just to protect you from your own wrongdoing - the classic example of this in family law is someone whose employment contract includes a "morality clause," and they could be fired if their employer found out they committed adultery.  In that case, a protective order is still unlikely to be issued.

Conclusion

Discovery is a long and often tedious process.  Nonetheless, it is typically the most important part of a case.  Doing it wrong, could cost you far more than you think.  If you have a case that is discovery eligible, you would be well advised to have an attorney.  If you'd like to speak to one about discovery, check out my initial consultation policy above, and if you're eligible, please feel free to call (703)281-0134 or e-mail me at SLeven@thebaldwinlawfirm.com to set up an initial consultation.  Our initial consultations are free for up to half an hour.