CODE OF VIRGINIA

DEPOSITIONS (§ 17.1-910)

In any pending investigation or formal hearing, the Commission may order the
deposition of a person residing within or without the Commonwealth to be taken
in such form and subject to such limitations as may be prescribed in the order.
If the subject judge and counsel for the Commission do not stipulate as to the
manner of taking the deposition, either the judge or counsel for the Commission
may file in a trial court of record a petition entitled “In the Matter of
Proceeding of Judicial Inquiry and Review Commission No. ….… (state
number)” and stating generally, without identifying the judge, the nature
of the pending matter, the name and residence of the person whose testimony is
desired, and directions, if any, of the Commission, asking that an order be made
requiring such person to appear and testify before a designated officer. Upon
the filing of the petition, the court may make an order requiring such person to
appear and testify. A subpoena for such deposition shall be issued by the clerk
of the court and the deposition shall be taken and returned, in the manner
prescribed by law for depositions in civil actions. Upon failure of the person
named in the subpoena to appear and testify, he shall be dealt with by such
court as for contempt of court. If the deposition is that of a person residing
or present within this Commonwealth, the petition shall be filed in the court of
record of the county or corporation in which such person resides or is present;
otherwise in the Circuit Court of the City of Richmond.

HISTORY: 1971, Ex. Sess., c. 154, § 2.1-37.12; 2001, c. 844.