Full question:
If you have an audit for the guardian of an incompetent adult and it has been signed off as completed by the Commission of the County where the audit is required. Can the audit then be opened by the county and more info be given over what they had originally requested I would appreciate an answer as soon as possible. We are in the middle of the 3rd audit 9/1/2008 thru 8/31/09
- Category: Evidence
- Subcategory: Discovery
- Date:
- State: Virginia
Answer:
Generally, the scope of discovery in legal matters is broad, allowing parties to request information that may lead to relevant evidence. However, the court can limit discovery if it finds that the burden or expense outweighs the likelihood of obtaining admissible evidence.
According to Virginia law, circuit courts have the authority to handle matters between guardians and their wards, including requiring guardians to settle accounts and potentially reopening audits (Va. Code § 31-14). The court can also remove guardians for neglect or breach of trust and make orders regarding the management of the ward's estate.
In terms of discovery, Virginia court rules state that parties can obtain information relevant to the case, even if it may not be admissible at trial, as long as it could lead to admissible evidence (Rule 4:1). Courts may limit discovery if it is unreasonably cumulative, obtainable from a more convenient source, or unduly burdensome.
Ultimately, whether the audit can be reopened for additional information depends on the specific circumstances and the court's discretion. If you believe more information is necessary, you may consider filing a motion with the court to request this action.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.