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Abstract

Procedural issues can be seen as dry or hyper technical. Their importance, however, should not be overlooked. The author’s civil procedure professor in law school would consistently share the maxim, paraphrased as: “You can write the substance of the law. I will write the procedure, and I will win every time.” Knowing the proper procedure is often the difference between winning and losing a case. When you lose a case on procedural grounds, it means that your client never got a chance on the actual substance of their case. This article discusses decisions from the Supreme Court of Virginia and Court of Appeals of Virginia reviewing procedural issues. The article further discusses revisions to civil procedure provisions of the Code of Virginia and Rules of the Supreme Court of Virginia in the last year. All these sources discuss civil procedure because they are ubiquitous to the practice of law. The article proceeds in the following order of discussion: opinions of the Supreme Court of Virginia and Court of Appeals of Virginia, then new legislation enacted during the 2025 General Assembly Session, and finally revisions to the Rules of the Supreme Court of Virginia.

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