8.01-410 - Inmates as witnesses in civil actions. - Virginia Statutes

§ 8.01-410. Inmates as witnesses in civil actions.

Whenever any party in a civil action in any circuit court in thisCommonwealth requires as a witness in his behalf, an inmate in a state orlocal correctional facility as defined in § 53.1-1, the court, on theapplication of such party or his attorney may, in its discretion and uponconsideration of the importance of the personal appearance of the witness andthe nature of the offense for which he is imprisoned, issue an order to theDirector of the Department of Corrections to deliver such witness to thesheriff of the jurisdiction of the court issuing the order. If authorized bythe court, the clerk of the circuit court or a deputy clerk may issue theseorders on behalf of the court. The sheriff shall transport the inmate to thecourt to testify as such witness, and after he has testified and beenreleased as such witness, the sheriff shall return the witness to the custodyof the Department.

If necessary the sheriff may confine the inmate for the night in anyconvenient local correctional facility.

Under such rules and regulations as the superintendent of such an institutionmay prescribe, any party to a civil action in any circuit court in thisCommonwealth may take the deposition of an inmate in the facility, whichdeposition, when taken, may be admissible in evidence as other depositions incivil actions.

The party seeking the testimony of such inmate shall advance a sum sufficientto defray the expenses and compensation of the correctional officers andsheriff, which the court shall tax as other costs.

For the purposes of this section, "correctional officers" shall have thesame meaning as provided in § 53.1-1.

(Code 1950, § 8-300.1; 1952, c. 487; 1966, c. 227; 1974, cc. 44, 45; 1977, c.617; 1998, c. 596; 2001, c. 513; 2002, cc. 515, 544.)