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8.01-418 - When plea of guilty or nolo contendere or forfeiture in criminal prosecution or traffic case admissible in civil action; proof of such plea.

§ 8.01-418. When plea of guilty or nolo contendere or forfeiture in criminalprosecution or traffic case admissible in civil action; proof of such plea.

Whenever, in any civil action, it is contended that any party thereto pledguilty or nolo contendere or suffered a forfeiture in a prosecution for acriminal offense or traffic infraction which arose out of the same occurrenceupon which the civil action is based, evidence of said plea or forfeiture asshown by the records of the criminal court shall be admissible. Where therecords of the court in which such prosecution was had are silent orambiguous as to whether or not such plea was made or forfeiture occurred thecourt hearing the civil case shall admit such evidence on the question ofsuch plea or forfeiture as may be relevant, and the question of whether suchplea was made or forfeiture suffered shall be a question for the court todetermine.

(Code 1950, § 8-267.1; 1970, c. 354; 1977, c. 617; 1986, c. 46.)

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