56-124 - Procedure in action on such claims. - Virginia Statutes

§ 56-124. Procedure in action on such claims.

In any action which may be instituted pursuant to § 56-123 before a generaldistrict court for an amount not exceeding $300, either party at or beforethe return day of the warrant may, in lieu of or in addition to givingevidence at the hearing, file an affidavit relating to the subject matter andin such case the other party to such action shall have a right to acontinuance for a reasonable time; provided, that any party to such actionmay give reasonable notice to the party filing such affidavit and take thedeposition of the affiant, at such time and place as the court may prescribe,the taking of such deposition to be governed by the rules of law in forceregarding the cross-examination of witnesses. Such affidavits and depositionsshall be read with the same force and effect as if taken in the form of adeposition after due notice to the other party. In the event of appeal of anysuch action such affidavits and depositions shall be read in the appellatecourt with the same force and effect as before the general district court.

(1918, p. 467; 1922, p. 421; Michie Code 1942, § 3928b; 2005, c. 839.)