{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-420.4_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-420.4_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-420.4_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-420.4_1.html"}],"law_id":63139,"edition_id":1,"section_id":63139,"structure_id":14188,"section_number":"8.01-420.4:1","catch_line":"Taking of depositions; corporate officers","history":"2019, cc. 9, 50.","full_text":"A\n\nFor the purposes of this section, “officer” means the president, chief executive officer, chief operating officer, or chief financial officer of a publicly traded company or of a subsidiary of such company that employs 250 or more people.B\n\nIn any action in which an officer’s publicly traded company is a party, if a party issues a witness subpoena for the deposition of an officer prior to taking the deposition of a corporate representative pursuant to Supreme Court Rule 4:5(b)(6), and the officer, or company on the officer’s behalf, files a motion for a protective order asserting that the discovery sought is obtainable from some other source that is more convenient, less burdensome, or less expensive, in order to defeat such motion for a protective order, the burden is on the party seeking the deposition to show that (i) the officer’s deposition is reasonably calculated to lead to the discovery of admissible evidence, (ii) the officer may have personal knowledge of discoverable information that cannot reasonably be discovered through other means, and (iii) a deposition of a representative other than the officer or other methods of discovery are unsatisfactory, insufficient, or inadequate.C\n\nA motion for a protective order filed pursuant to subsection B shall include one or more proposed corporate employees available to be deposed instead of the officer, along with a description of the employee’s role in the corporation, his knowledge relevant to the subject matter of the litigation, and the source of such knowledge, provided that the party opposing the motion has stated with reasonable particularity the matters on which the officer’s examination is requested.D\n\nIf a protective order is issued and the party seeking the deposition subsequently learns that the requirements set forth in subsection B can be met, then the party seeking the deposition may file for modification or lifting of the protective order.E\n\nThe provisions of this section apply to a subpoena issued pursuant to the Uniform Interstate Depositions and Discovery Act (§ 8.01-412.8 et seq.) consistent with the provisions of subsection E of § 8.01-412.10.","order_by":null,"text":{"0":{"id":230268,"text":"For the purposes of this section, “officer” means the president, chief executive officer, chief operating officer, or chief financial officer of a publicly traded company or of a subsidiary of such company that employs 250 or more people.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":230269,"text":"In any action in which an officer’s publicly traded company is a party, if a party issues a witness subpoena for the deposition of an officer prior to taking the deposition of a corporate representative pursuant to Supreme Court Rule 4:5(b)(6), and the officer, or company on the officer’s behalf, files a motion for a protective order asserting that the discovery sought is obtainable from some other source that is more convenient, less burdensome, or less expensive, in order to defeat such motion for a protective order, the burden is on the party seeking the deposition to show that (i) the officer’s deposition is reasonably calculated to lead to the discovery of admissible evidence, (ii) the officer may have personal knowledge of discoverable information that cannot reasonably be discovered through other means, and (iii) a deposition of a representative other than the officer or other methods of discovery are unsatisfactory, insufficient, or inadequate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":230270,"text":"A motion for a protective order filed pursuant to subsection B shall include one or more proposed corporate employees available to be deposed instead of the officer, along with a description of the employee’s role in the corporation, his knowledge relevant to the subject matter of the litigation, and the source of such knowledge, provided that the party opposing the motion has stated with reasonable particularity the matters on which the officer’s examination is requested.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":230271,"text":"If a protective order is issued and the party seeking the deposition subsequently learns that the requirements set forth in subsection B can be met, then the party seeking the deposition may file for modification or lifting of the protective order.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":230272,"text":"The provisions of this section apply to a subpoena issued pursuant to the Uniform Interstate Depositions and Discovery Act (§ 8.01-412.8 et seq.) consistent with the provisions of subsection E of § 8.01-412.10.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14188,"edition_id":1,"name":"Miscellaneous Provisions","identifier":"9","label":"article","depth":3,"order_by":1,"parent_id":12870,"metadata":{},"date_created":"2026-06-26 03:47:11","date_modified":"2026-06-26 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This law was first created in 2019. The record of its establishment is cataloged in chapters 9<\/a> and 50<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":78228,"section_number":"8.01-412.10","catch_line":"Issuance of subpoena","order_by":null,"url":"\/8.01-412.10\/"},{"id":81546,"section_number":"8.01-412.8","catch_line":"Short title","order_by":null,"url":"\/8.01-412.8\/"}],"permalink":{"id":277693,"object_type":"law","relational_id":63139,"identifier":"8.01-420.4:1","token":"8.01\/14\/9\/8.01-420.4_1","url":"\/8.01-420.4_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-420.4_1\/","token":"8.01\/14\/9\/8.01-420.4_1","dublin_core":{"Title":"Taking of depositions; corporate officers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-420.4:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section, “officer<\/span>” means the president, chief executive officer<\/span>, chief operating officer<\/span>, or chief financial officer<\/span> of a publicly traded company or of a subsidiary of such company that employs 250 or more people. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any action<\/span> in which an officer<\/span>’s publicly traded company is a party<\/span>, if a party<\/span> issues<\/span> a witness<\/span> subpoena<\/span> for the deposition<\/span> of an officer<\/span> prior to taking the deposition<\/span> of a corporate representative pursuant to Supreme Court<\/span> Rule 4:5(b)(6), and the officer<\/span>, or company on the officer<\/span>’s behalf, files a motion<\/span> for a protective order<\/span> asserting that the discovery<\/span> sought is obtainable from some other source that is more convenient, less burdensome, or less expensive, in order<\/span> to defeat such motion<\/span> for a protective order<\/span>, the burden is on the party<\/span> seeking the deposition<\/span> to show that (i) the officer<\/span>’s deposition<\/span> is reasonably calculated to lead to the discovery<\/span> of admissible<\/span> evidence<\/span>, (ii) the officer<\/span> may have personal knowledge of discoverable information that cannot reasonably be discovered through other means, and (iii) a deposition<\/span> of a representative other than the officer<\/span> or other methods of discovery<\/span> are unsatisfactory, insufficient, or inadequate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A motion<\/span> for a protective order<\/span> filed pursuant to subsection B shall include one or more proposed corporate employees available to be deposed instead of the officer<\/span>, along with a description of the employee’s role in the corporation, his knowledge relevant to the subject matter of the litigation<\/span>, and the source of such knowledge, provided that the party<\/span> opposing the motion<\/span> has stated with reasonable particularity the matters on which the officer<\/span>’s examination is requested. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a protective order<\/span> is issued and the party<\/span> seeking the deposition<\/span> subsequently learns that the requirements set forth in subsection B can be met, then the party<\/span> seeking the deposition<\/span> may file for modification or lifting of the protective order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The provisions of this section apply to a subpoena<\/span> issued pursuant to the Uniform Interstate Depositions<\/span> and Discovery<\/span> Act (§ 8.01-412.8<\/a> et seq.) consistent with the provisions of subsection E of § 8.01-412.10<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTAKING OF DEPOSITIONS; CORPORATE OFFICERS (\u00a7 8.01-420.4:1)\n\nA. For the purposes of this section, “officer” means the president,\nchief executive officer, chief operating officer, or chief financial officer of\na publicly traded company or of a subsidiary of such company that employs 250 or\nmore people.\n\nB. In any action in which an officer’s publicly traded company is a party,\nif a party issues a witness subpoena for the deposition of an officer prior to\ntaking the deposition of a corporate representative pursuant to Supreme Court\nRule 4:5(b)(6), and the officer, or company on the officer’s behalf, files\na motion for a protective order asserting that the discovery sought is\nobtainable from some other source that is more convenient, less burdensome, or\nless expensive, in order to defeat such motion for a protective order, the\nburden is on the party seeking the deposition to show that (i) the\nofficer’s deposition is reasonably calculated to lead to the discovery of\nadmissible evidence, (ii) the officer may have personal knowledge of\ndiscoverable information that cannot reasonably be discovered through other\nmeans, and (iii) a deposition of a representative other than the officer or\nother methods of discovery are unsatisfactory, insufficient, or inadequate.\n\nC. A motion for a protective order filed pursuant to subsection B shall include\none or more proposed corporate employees available to be deposed instead of the\nofficer, along with a description of the employee’s role in the\ncorporation, his knowledge relevant to the subject matter of the litigation, and\nthe source of such knowledge, provided that the party opposing the motion has\nstated with reasonable particularity the matters on which the officer’s\nexamination is requested.\n\nD. If a protective order is issued and the party seeking the deposition\nsubsequently learns that the requirements set forth in subsection B can be met,\nthen the party seeking the deposition may file for modification or lifting of\nthe protective order.\n\nE. The provisions of this section apply to a subpoena issued pursuant to the\nUniform Interstate Depositions and Discovery Act (§ 8.01-412.8 et seq.)\nconsistent with the provisions of subsection E of § 8.01-412.10.\n\nHISTORY: 2019, cc. 9, 50.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}