17.1-910 - Depositions. - Virginia Statutes

§ 17.1-910. Depositions.

In any pending investigation or formal hearing, the Commission may order thedeposition of a person residing within or without the Commonwealth to betaken in such form and subject to such limitations as may be prescribed inthe order. If the subject judge and counsel for the Commission do notstipulate as to the manner of taking the deposition, either the judge orcounsel for the Commission may file in a trial court of record a petitionentitled "In the Matter of Proceeding of Judicial Inquiry and ReviewCommission No. ........ (state number)" and stating generally, withoutidentifying the judge, the nature of the pending matter, the name andresidence of the person whose testimony is desired, and directions, if any,of the Commission, asking that an order be made requiring such person toappear and testify before a designated officer. Upon the filing of thepetition, the court may make an order requiring such person to appear andtestify. A subpoena for such deposition shall be issued by the clerk of thecourt and the deposition shall be taken and returned, in the mannerprescribed by law for depositions in civil actions. Upon failure of theperson named in the subpoena to appear and testify, he shall be dealt with bysuch court as for contempt of court. If the deposition is that of a personresiding or present within this Commonwealth, the petition shall be filed inthe court of record of the county or corporation in which such person residesor is present; otherwise in the Circuit Court of the City of Richmond.

(1971, Ex. Sess., c. 154, § 2.1-37.12; 2001, c. 844.)