8.01-404 - Contradiction by prior inconsistent writing. - Virginia Statutes

§ 8.01-404. Contradiction by prior inconsistent writing.

A witness may be cross-examined as to previous statements made by him inwriting or reduced into writing, relative to the subject matter of the civilaction, without such writing being shown to him; but if it is intended tocontradict such witness by the writing, his attention must, before suchcontradictory proof can be given, be called to the particular occasion onwhich the writing is supposed to have been made, and he may be asked if hedid not make a writing of the purport of the one to be offered to contradicthim, and if he denies making it, or does not admit its execution, it shallthen be shown to him, and if he admits its genuineness, he shall be allowedto make his own explanation of it; but it shall be competent for the court atany time during the trial to require the production of the writing for itsinspection, and the court may thereupon make such use of it for the purposeof the trial as it may think best. This section is subject to thequalification, that in an action to recover for a personal injury or death bywrongful act or neglect, no ex parte affidavit or statement in writing otherthan a deposition, after due notice, of a witness and no extrajudicialrecording made at any time other than simultaneously with the wrongful act ornegligence at issue of the voice of such witness, or reproduction ortranscript thereof, as to the facts or circumstances attending the wrongfulact or neglect complained of, shall be used to contradict him as a witness inthe case. Nothing in this section shall be construed to prohibit the use ofany such ex parte affidavit or statement in an action on an insurance policybased upon a judgment recovered in a personal injury or death by wrongful actcase.

(Code 1950, § 8-293; 1958, c. 380; 1960, c. 114; 1964, c. 356; 1977, c. 617;2007, c. 598.)