{"law_id":"771170","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)","history":"Code 1950, \u00a7\u00a7 8-290, 8-291; 1977, c. 617.","order_by":null,"metadata":false,"court_decisions":{"0":{"name":"Med v. Jpm","case_number":"November 5, 1986","citation":"350 S.E.2d 215","date":"1986-11-05","url":"https:\/\/www.courtlistener.com\/opinion\/1340762\/med-v-jpm\/","abstract":" .\u202f.\u202f. Cora Goldsborough were admissible under Code | 8.01-401.1 as facts forming the basis for their .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"1":{"name":"Weinberg v. Given","case_number":"951975","citation":"476 S.E.2d 502","date":"1996-09-13","url":"https:\/\/www.courtlistener.com\/opinion\/1060125\/weinberg-v-given\/","abstract":" .\u202f.\u202f. Justice. .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"2":{"name":"May v. Caruso","case_number":"012560","citation":"568 S.E.2d 690","date":"2002-09-13","url":"https:\/\/www.courtlistener.com\/opinion\/1059300\/may-v-caruso\/","abstract":" .\u202f.\u202f. and application of Code \u00a7 8.01-401.1. In previously construing Code \u00a7 8.01-401.1, we held that .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"3":{"name":"Gottlieb v. Gottlieb","case_number":"Record No. 0291-93-1","citation":"448 S.E.2d 666","date":"1994-09-27","url":"https:\/\/www.courtlistener.com\/opinion\/1399554\/gottlieb-v-gottlieb\/","abstract":" .\u202f.\u202f. #39;ll let you question him as an expert. .\u202f.\u202f. ","court_html":"<abbr title=\"Court of Appeals\">COA<\/abbr>"},"4":{"name":"McMunn v. Tatum","case_number":"Record No. 870115","citation":"379 S.E.2d 908","date":"1989-04-21","url":"https:\/\/www.courtlistener.com\/opinion\/1205743\/mcmunn-v-tatum\/","abstract":" .\u202f.\u202f.  not fall within the scope of Code \u00a7 8.01-401.1. .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"5":{"name":"Simpson v. Com.","case_number":"Record No. 830596","citation":"318 S.E.2d 386","date":"1984-06-15","url":"https:\/\/www.courtlistener.com\/opinion\/1260897\/simpson-v-com\/","abstract":" .\u202f.\u202f.  The General Assembly, in 1982, enacted Code \u00a7 8.01-401.1 which essentially adopts the foregoing .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"6":{"name":"Tarmac Mid-Atlantic v. Smiley Block Co.","case_number":"941648","citation":"458 S.E.2d 462","date":"1995-06-09","url":"https:\/\/www.courtlistener.com\/opinion\/1060273\/tarmac-mid-atlantic-v-smiley-block-co\/","abstract":" .\u202f.\u202f. based on an adequate foundation. See Code \u00a7\u00a7 8.01-401.1, 8.01-401.3; Lawson v. Doe, 239 Va. 477, .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"7":{"name":"Buchanan v. Com.","case_number":"Record Nos. 890107, 890108","citation":"384 S.E.2d 757","date":"1989-09-22","url":"https:\/\/www.courtlistener.com\/opinion\/1203707\/buchanan-v-com\/","abstract":" .\u202f.\u202f. testimony rule that applies in civil cases, Code \u00a7 8.01-401.1. .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"8":{"name":"Lawson v. Doe","case_number":"Record No. 890962","citation":"391 S.E.2d 333","date":"1990-04-20","url":"https:\/\/www.courtlistener.com\/opinion\/1267582\/lawson-v-doe\/","abstract":" .\u202f.\u202f. speculative. .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"9":{"name":"Tittsworth v. Robinson","case_number":"951742","citation":"475 S.E.2d 261","date":"1996-09-13","url":"https:\/\/www.courtlistener.com\/opinion\/1060129\/tittsworth-v-robinson\/","abstract":" .\u202f.\u202f.  certain fundamental requirements. See Code \u00a7\u00a7 8.01-401.1 and -401.3; Tarmac Mid-Atlantic, Inc. v. .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"}},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/8.01-401\/","refers_to":false,"url":"\/8.01-401\/","token":"8.01\/14\/4\/8.01-401","structure":{"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\/"}},"referred_to_by":[{"id":"772980","section_number":"32.1-127.1:03","catch_line":"Health records privacy","url":"\/32.1-127.1:03\/"}],"edition_id":"11","section_id":"771170","structure_id":"2561","full_text":"A A party called to testify for another, having an adverse interest, may be examined by such other party according to the rules applicable to cross-examination.\r\rB If any party, required by another to testify on his behalf, refuses to testify, the court, officer, or person before whom the proceeding is pending, may, in addition to punishing said party as for contempt, dismiss the action, or other proceeding of the party so refusing, as to the whole or any part thereof, or may strike out and disregard the plea, answer, or other defense of such party, or any part thereof, as justice may require.\r\r","text":{"0":{"id":"2485803","text":"A party called to testify for another, having an adverse interest, may be examined by such other party according to the rules applicable to cross-examination.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1},"1":{"id":"2485804","text":"If any party, required by another to testify on his behalf, refuses to testify, the court, officer, or person before whom the proceeding is pending, may, in addition to punishing said party as for contempt, dismiss the action, or other proceeding of the party so refusing, as to the whole or any part thereof, or may strike out and disregard the plea, answer, or other defense of such party, or any part thereof, as justice may require.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","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"}},"previous_section":{"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"},"next_section":{"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"},"references":false,"formats":{"txt":"\/8.01-401.txt","json":"\/8.01-401.json","xml":"\/8.01-401.xml"},"dublin_core":{"Title":"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)","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-401","Relation":"Code of Virginia"},"plain_text":"                                 CODE OF VIRGINIA\n\nHOW ADVERSE PARTY MAY BE EXAMINED; EFFECT OF REFUSAL TO TESTIFY (SUBSECTION (B)\nOF SUPREME COURT RULE 2:607 AND SUBSECTION (C) OF SUPREME COURT RULE 2:611\nDERIVED FROM SUBSECTION A OF THIS SECTION) (\u00a7 8.01-401)\n\nA. A party called to testify for another, having an adverse interest, may be\nexamined by such other party according to the rules applicable to\ncross-examination.\n\nB. If any party, required by another to testify on his behalf, refuses to\ntestify, the court, officer, or person before whom the proceeding is pending,\nmay, in addition to punishing said party as for contempt, dismiss the action, or\nother proceeding of the party so refusing, as to the whole or any part thereof,\nor may strike out and disregard the plea, answer, or other defense of such\nparty, or any part thereof, as justice may require.\n\nHISTORY: Code 1950, \u00a7\u00a7 8-290, 8-291; 1977, c. 617."}