IN THE CIRCUIT COURT OF RAPPAHANNOCK COUNTY, VIRGINIA

________________________________________________
:
Karen A. Williams, et al., Petitioners :
:
v. : Case No. CL23-000043
:
Board of Supervisors of Rappahannock County, :
et al, Respondents :
:
________________________________________________:

RESPONSE TO AFFIDAVIT OF CERTIFICATION OF COMPLIANCE

On May 8, 2023, Counsel for Petitioners David L. Konick filed an “Affidavit in

Support of Certification of Compliance” (hereafter Affidavit) regarding his compliance
with Rules 4:12 and 4:15 “before putting this matter on the Court’s docket for May 8 for
hearing on the Motion to Compel Discovery” (Paragraph 1 of the referenced Affidavit).

Rule 4:15’s relevant portion reads as follows:

Counsel of record must make a reasonable effort to confer before giving notice of a
motion to resolve the subject of the motion and to determine a mutually agreeable
hearing date and time. The notice must be accompanied by a certification that the
movant has in good faith conferred or attempted to confer with other affected parties in
an effort to resolve the dispute without court action. Rule 4:15 (b)

In response to the Affidavit, the undersigned non-party subpoena recipient reviewed the
email thread on the iPhone used to receive and respond to communications with Mr.
Konick about this matter. That iPhone was also the source used for the printout given
to the Court during the May 8 hearing. A printout of that search is attached as Exhibit A,
and it, indeed, reflects only one communication from Mr. Konick in April regarding notice
and scheduling of the May 8 hearing: an email dated April 25. That email was provided
to the Court on May 8.

A separate search of the undersigned’s computer did reveal additional emails from Mr.
Konick, not previously seen (printout attached as Exhibit B). Despite Mr. Konick’s
unfortunate characterizations of any discrepancies, two facts are clear: (i) any omission
was due to an unknown digital difference in email maintenance by the two devices in
question, and not intentional; and (ii) with all compilations of the relevant emails, the
record continues to reflect that Mr. Konick did not comply with Rule 4:15 (b).

The Certification of Compliance in question was dated April 25, 2023. The Praecipe
containing that Certification was filed on April 25, 2023. The envelope in which it was
mailed to the undersigned non-party subpoena recipient, which was provided to the
Court at the May 8 hearing, was post-marked April 25. All versions of the emails are in
agreement that the sole response to Mr. Konick’s emails regarding Rule 4:15 (b) was
dated April 26, 2023, after the certification was signed, filed, and served. The
Certification claims “a good faith effort to resolve this matter without Court action” which
had clearly not been accomplished. Likewise, Mr. Konick did not “determine a mutually
agreeable hearing date and time” (Rule 4:15 (b), see above), as the undersigned’s April
26 email response contained a very clear request for scheduling after pending legal
issues were resolved (making discover necessary only if the claims survived that legal
review). Accordingly, Mr. Konick had not complied “before putting this matter on the
Court’s docket for May 8” (Paragraph 1 of the Konick affidavit).

Respectfully submitted,

________________________________ Dated
_______________________
Alexia Morrison, appearing pro se in May 9, 2023
response to Petitioners’
Subpoena Duces Tecum
PO Box 240
Flint Hill, Virginia 22627
540-675-3364

SERVICE: I hereby certify that a copy of this Response to Affidavit of Certificate of

Compliance has been served on Counsel for Petitioners and Counsel for Respondents,
at their below-listed addresses, by first-class mail, postage prepaid, on May 9, 2023:

David L. Konick
PO Box 57
Washington, Virginia 22747-0057

Jeremy D. Capps
Harman, Clayton, Corrigan & Wellman, PC
PO Box 70280
Richmond, Virginia 23255

Whitson W. Robinson
Robinson Stover
403 Holiday Court
Warrenton, Virginia 20186
_______________________________ Dated
_______________________
Alexia Morrison, pro se May 9, 2023