20-106 - Testimony may be required to be given orally; how certified; same footing as deposition. - Virginia Statutes

§ 20-106. Testimony may be required to be given orally; how certified; samefooting as deposition.

In any suit for divorce the trial court may require the whole or any part ofthe testimony to be given orally in open court, and if either party desiresit, such testimony and the rulings of the court on the exceptions thereto, ifany, shall be reduced to writing, and the judge shall certify that suchevidence was given before him and such rulings made. When so certified thesame shall stand on the same footing as a deposition regularly taken in thecause; provided, however, that no such oral evidence shall be given or heardunless and until after such notice to the adverse party as is required by lawto be given of the taking of depositions, or when there has been no serviceof process within this Commonwealth upon, or appearance by the defendantagainst whom such testimony is sought to be introduced.

(Code 1919, § 5109; 1932, p. 388.)