{"law_id":"773781","edition_id":"11","section_id":"773781","structure_id":"2561","section_number":"8.01-396","catch_line":"No person incompetent to testify by reason of interest, or because a party","history":"Code 1950, \u00a7 8-285; 1977, c. 617.","full_text":"No person shall be incompetent to testify because of interest, or because of his being a party to any civil action; but he shall, if otherwise competent to testify, and subject to the rules of evidence and practice applicable to other witnesses, be competent to give evidence in his own behalf and be competent and compellable to attend and give evidence on behalf of any other party to such action; but, in any case, the court, for good cause shown, may require any such person to attend and testify ore tenus and, upon his failure to so attend and testify, may exclude his deposition.","order_by":null,"text":{"0":{"id":"2494753","text":"No person shall be incompetent to testify because of interest, or because of his being a party to any civil action; but he shall, if otherwise competent to testify, and subject to the rules of evidence and practice applicable to other witnesses, be competent to give evidence in his own behalf and be competent and compellable to attend and give evidence on behalf of any other party to such action; but, in any case, the court, for good cause shown, may require any such person to attend and testify ore tenus and, upon his failure to so attend and testify, may exclude his deposition.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":{"1":{"id":"2561","name":"Witnesses Generally","identifier":"4","label":"article","url":"\/8.01\/14\/4\/"},"2":{"id":"959","name":"Evidence","identifier":"14","label":"chapter","url":"\/8.01\/14\/"},"3":{"id":"52","name":"Civil Remedies And Procedure","identifier":"8.01","label":"title","url":"\/8.01\/"}},"structure_contents":{"0":{"id":"773781","structure_id":"2561","section_number":"8.01-396","catch_line":"No person incompetent to testify by reason of interest, or because a party","url":"\/8.01-396\/","token":"8.01\/14\/4\/8.01-396"},"1":{"id":"782466","structure_id":"2561","section_number":"8.01-396.1","catch_line":"Competency of witness","url":"\/8.01-396.1\/","token":"8.01\/14\/4\/8.01-396.1"},"2":{"id":"790717","structure_id":"2561","section_number":"8.01-397","catch_line":"Corroboration required and evidence receivable when one party incapable of testifying (subdivision (b)(5) of Supreme Court Rule 2:804 derived from this section)","url":"\/8.01-397\/","token":"8.01\/14\/4\/8.01-397"},"3":{"id":"773913","structure_id":"2561","section_number":"8.01-397.1","catch_line":"Evidence of habit or routine practice; defined (Supreme Court Rule 2:406 derived from this section)","url":"\/8.01-397.1\/","token":"8.01\/14\/4\/8.01-397.1"},"4":{"id":"782145","structure_id":"2561","section_number":"8.01-398","catch_line":"Privileged marital communications (Subsection (a) of Supreme Court Rule 2:504 derived from this section)","url":"\/8.01-398\/","token":"8.01\/14\/4\/8.01-398"},"5":{"id":"780496","structure_id":"2561","section_number":"8.01-399","catch_line":"Communications between physicians and patients (Supreme Court Rule 2:505 derived from this section)","url":"\/8.01-399\/","token":"8.01\/14\/4\/8.01-399"},"6":{"id":"769565","structure_id":"2561","section_number":"8.01-400","catch_line":"Communications between ministers of religion and persons they counsel or advise (Supreme Court Rule 2:503 derived in part from this section)","url":"\/8.01-400\/","token":"8.01\/14\/4\/8.01-400"},"7":{"id":"774415","structure_id":"2561","section_number":"8.01-400.1","catch_line":"Privileged communications by interpreters for the deaf (Supreme Court Rule 2:507 derived in part from this section)","url":"\/8.01-400.1\/","token":"8.01\/14\/4\/8.01-400.1"},"8":{"id":"779206","structure_id":"2561","section_number":"8.01-400.2","catch_line":"Communications between certain mental health professionals and clients (Supreme Court Rule 2:506 derived from this section)","url":"\/8.01-400.2\/","token":"8.01\/14\/4\/8.01-400.2"},"9":{"id":"771170","structure_id":"2561","section_number":"8.01-401","catch_line":"How adverse party may be examined; effect of refusal to testify (subsection (b) of Supreme Court Rule 2:607 and subsection (c) of Supreme Court Rule 2:611 derived from subsection A of this section)","url":"\/8.01-401\/","token":"8.01\/14\/4\/8.01-401"},"10":{"id":"792589","structure_id":"2561","section_number":"8.01-401.1","catch_line":"Opinion testimony by experts; hearsay exception (subsection (a) of Supreme Court Rule 2:703, subsection (a) of Supreme Court Rule 2:705, and subsection (a) of Supreme Court Rule 2:706 derived from this section)","url":"\/8.01-401.1\/","token":"8.01\/14\/4\/8.01-401.1"},"11":{"id":"777674","structure_id":"2561","section_number":"8.01-401.2","catch_line":"Chiropractor, nurse practitioner, or physician assistant as expert witness","url":"\/8.01-401.2\/","token":"8.01\/14\/4\/8.01-401.2"},"12":{"id":"772646","structure_id":"2561","section_number":"8.01-401.2:1","catch_line":"Podiatrist as an expert witness","url":"\/8.01-401.2:1\/","token":"8.01\/14\/4\/8.01-401.2:1"},"13":{"id":"785755","structure_id":"2561","section_number":"8.01-401.3","catch_line":"Opinion testimony and conclusions as to facts critical to civil case resolution (Supreme Court Rule 2:701 derived from subsection B of this section, subdivision (a)(i) of Supreme Court Rule 2:702 derived from subsection A of this section, and subsection (a) of Supreme Court Rule 2:704 derived from subsections B and C of this section)","url":"\/8.01-401.3\/","token":"8.01\/14\/4\/8.01-401.3"},"14":{"id":"778189","structure_id":"2561","section_number":"8.01-402","catch_line":"Members of Department of Motor Vehicles' Crash Investigation Team not to be required to give evidence in certain cases","url":"\/8.01-402\/","token":"8.01\/14\/4\/8.01-402"},"15":{"id":"786779","structure_id":"2561","section_number":"8.01-403","catch_line":"Witness proving adverse; contradiction; prior inconsistent statement (Subsection (c) of Supreme Court Rule 2:607 and subdivision (a)(i) of Supreme Court Rule 2:613 derived from this section)","url":"\/8.01-403\/","token":"8.01\/14\/4\/8.01-403"},"16":{"id":"772525","structure_id":"2561","section_number":"8.01-404","catch_line":"Contradiction by prior inconsistent writing (Subdivision (b)(i) of Supreme Court Rule 2:613 derived in part from this section and subdivision (b)(ii) of Supreme Court Rule 2:613 derived from this section)","url":"\/8.01-404\/","token":"8.01\/14\/4\/8.01-404"},"17":{"id":"776497","structure_id":"2561","section_number":"8.01-405","catch_line":"Who may administer oath to witness","url":"\/8.01-405\/","token":"8.01\/14\/4\/8.01-405"},"18":{"id":"791582","structure_id":"2561","section_number":"8.01-406","catch_line":"Interpreters; recording testimony of deaf witness (Supreme Court Rule 2:604 derived from this section)","url":"\/8.01-406\/","token":"8.01\/14\/4\/8.01-406"}},"next_section":{"id":"782466","structure_id":"2561","section_number":"8.01-396.1","catch_line":"Competency of witness","url":"\/8.01-396.1\/","token":"8.01\/14\/4\/8.01-396.1"},"metadata":false,"court_decisions":{"0":{"name":"Akers v. FAUQUIER COUNTY DEPT.","case_number":"0182044","citation":"604 S.E.2d 737","date":"2004-11-09","url":"https:\/\/www.courtlistener.com\/opinion\/1063680\/akers-v-fauquier-county-dept\/","abstract":" .\u202f.\u202f. that the child was incompetent to testify. Code 8.01-396.1 states that no child shall be incompetent .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"1":{"name":"STATE FARM MUTUAL AUTO. INS. v. Kendrick","case_number":"961969","citation":"491 S.E.2d 286","date":"1997-09-12","url":"https:\/\/www.courtlistener.com\/opinion\/1060001\/state-farm-mutual-auto-ins-v-kendrick\/","abstract":" .\u202f.\u202f. opinion about his future medical needs. See Code \u00a7 8.01-396 (\"No person shall be incompetent to .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"}},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/8.01-396\/","references":false,"refers_to":false,"url":"\/8.01-396\/","token":"8.01\/14\/4\/8.01-396","formats":{"txt":"\/8.01-396.txt","json":"\/8.01-396.json","xml":"\/8.01-396.xml"},"dublin_core":{"Title":"No person incompetent to testify by reason of interest, or because a party","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-396","Relation":"Code of Virginia"},"plain_text":"                                 CODE OF VIRGINIA\n\nNO PERSON INCOMPETENT TO TESTIFY BY REASON OF INTEREST, OR BECAUSE A PARTY (\u00a7\n8.01-396)\n\nNo person shall be incompetent to testify because of interest, or because of his\nbeing a party to any civil action; but he shall, if otherwise competent to\ntestify, and subject to the rules of evidence and practice applicable to other\nwitnesses, be competent to give evidence in his own behalf and be competent and\ncompellable to attend and give evidence on behalf of any other party to such\naction; but, in any case, the court, for good cause shown, may require any such\nperson to attend and testify ore tenus and, upon his failure to so attend and\ntestify, may exclude his deposition.\n\nHISTORY: Code 1950, \u00a7 8-285; 1977, c. 617."}