CODE OF VIRGINIA

DEPOSITIONS AS BASIS FOR MOTION FOR SUMMARY JUDGMENT OR TO STRIKE EVIDENCE (§
8.01-420)

A. Except as provided in subsection B, no motion for summary judgment or to
strike the evidence shall be sustained when based in whole or in part upon any
discovery depositions under Rule 4:5, unless all parties to the suit or action
shall agree that such deposition may be so used. Notwithstanding the foregoing,
requests for admissions for which the responses are submitted in support of a
motion for summary judgment may be based in whole or in part upon any discovery
depositions under Rule 4:5 and may include admitted facts learned or referenced
in such a deposition, provided that any such request for admission shall not
reference the deposition or require the party to admit that the deponent gave
specific testimony.

B. Notwithstanding the provisions of subsection A, a motion for summary judgment
seeking dismissal of any claim or demand for punitive damages may be sustained,
as to the punitive damages claim or demand only, when based in whole or in part
upon any discovery depositions under Rule 4:5. However, such a motion may not be
based upon discovery depositions under Rule 4:5 with respect to any claim or
demand for punitive damages based on the operation of a motor vehicle by a
person while under the influence of alcohol, any narcotic drug, or any other
self-administered intoxicant or drug.

HISTORY: Code 1950, § 8-315.1; 1973, c. 483; 1977, c. 617; 1978, c. 417; 2013,
c. 76.