{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-420.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-420.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-420.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-420.html"}],"law_id":58128,"edition_id":1,"section_id":58128,"structure_id":14188,"section_number":"8.01-420","catch_line":"Depositions as basis for motion for summary judgment or to strike evidence","history":"Code 1950, \u00a7 8-315.1; 1973, c. 483; 1977, c. 617; 1978, c. 417; 2013, c. 76; 2019, cc. 10, 128.","full_text":"A\n\nExcept as provided in subsections B and C, no motion for summary judgment or to strike the evidence shall be sustained when based in whole or in part upon any discovery depositions under Rule 4:5, unless all parties to the suit or action shall agree that such deposition may be so used. Notwithstanding the foregoing, requests for admissions for which the responses are submitted in support of a motion for summary judgment may be based in whole or in part upon any discovery depositions under Rule 4:5 and may include admitted facts learned or referenced in such a deposition, provided that any such request for admission shall not reference the deposition or require the party to admit that the deponent gave specific testimony.B\n\nNotwithstanding the provisions of subsection A, a motion for summary judgment seeking dismissal of any claim or demand for punitive damages may be sustained, as to the punitive damages claim or demand only, when based in whole or in part upon any discovery depositions under Rule 4:5. However, such a motion may not be based upon discovery depositions under Rule 4:5 with respect to any claim or demand for punitive damages based on the operation of a motor vehicle by a person while under the influence of alcohol, any narcotic drug, or any other self-administered intoxicant or drug.C\n\nNotwithstanding the provisions of subsection A, discovery depositions under Rule 4:5 and affidavits may be used in support of or in opposition to a motion for summary judgment in any action when the only parties to the action are business entities and the amount at issue is $50,000 or more.","order_by":null,"text":{"0":{"id":212969,"text":"Except as provided in subsections B and C, no motion for summary judgment or to strike the evidence shall be sustained when based in whole or in part upon any discovery depositions under Rule 4:5, unless all parties to the suit or action shall agree that such deposition may be so used. Notwithstanding the foregoing, requests for admissions for which the responses are submitted in support of a motion for summary judgment may be based in whole or in part upon any discovery depositions under Rule 4:5 and may include admitted facts learned or referenced in such a deposition, provided that any such request for admission shall not reference the deposition or require the party to admit that the deponent gave specific testimony.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":212970,"text":"Notwithstanding the provisions of subsection A, a motion for summary judgment seeking dismissal of any claim or demand for punitive damages may be sustained, as to the punitive damages claim or demand only, when based in whole or in part upon any discovery depositions under Rule 4:5. However, such a motion may not be based upon discovery depositions under Rule 4:5 with respect to any claim or demand for punitive damages based on the operation of a motor vehicle by a person while under the influence of alcohol, any narcotic drug, or any other self-administered intoxicant or drug.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":212971,"text":"Notwithstanding the provisions of subsection A, discovery depositions under Rule 4:5 and affidavits may be used in support of or in opposition to a motion for summary judgment in any action when the only parties to the action are business entities and the amount at issue is $50,000 or more.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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 03:47:11","permalink":{"id":277631,"object_type":"structure","relational_id":14188,"identifier":"9","token":"8.01\/14\/9","url":"\/8.01\/14\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12870,"edition_id":1,"name":"Evidence","identifier":"14","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":277357,"object_type":"structure","relational_id":12870,"identifier":"14","token":"8.01\/14","url":"\/8.01\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63768,"structure_id":14188,"section_number":"8.01-417","catch_line":"Copies of written statements or transcriptions of verbal statements by injured person to be delivered to him; copies of subpoenaed documents to be provided to other party; disclosure of insurance policy limits","url":"\/8.01-417\/","token":"8.01\/14\/9\/8.01-417","metadata":false},{"id":64827,"structure_id":14188,"section_number":"8.01-417.01","catch_line":"Disclosure of certain homeowners insurance and personal injury liability insurance policy limits","url":"\/8.01-417.01\/","token":"8.01\/14\/9\/8.01-417.01","metadata":false},{"id":80780,"structure_id":14188,"section_number":"8.01-417.1","catch_line":"Use of portions of documents in evidence (Subsection (b) of Supreme Court Rule 2:106 derived from this section)","url":"\/8.01-417.1\/","token":"8.01\/14\/9\/8.01-417.1","metadata":false},{"id":71302,"structure_id":14188,"section_number":"8.01-418","catch_line":"When plea of guilty or nolo contendere, finding of guilt in absentia, or forfeiture in criminal prosecution or traffic case admissible in civil action; proof of such plea, finding, or forfeiture","url":"\/8.01-418\/","token":"8.01\/14\/9\/8.01-418","metadata":false},{"id":84027,"structure_id":14188,"section_number":"8.01-418.1","catch_line":"Evidence of subsequent measures taken not admissible to prove negligence (Supreme Court Rule 2:407 derived from this section)","url":"\/8.01-418.1\/","token":"8.01\/14\/9\/8.01-418.1","metadata":false},{"id":64963,"structure_id":14188,"section_number":"8.01-418.2","catch_line":"Evidence of polygraph examination inadmissible in any proceeding","url":"\/8.01-418.2\/","token":"8.01\/14\/9\/8.01-418.2","metadata":false},{"id":71422,"structure_id":14188,"section_number":"8.01-418.3","catch_line":"Repealed","url":"\/8.01-418.3\/","token":"8.01\/14\/9\/8.01-418.3","metadata":false},{"id":84518,"structure_id":14188,"section_number":"8.01-419","catch_line":"Table of life expectancy","url":"\/8.01-419\/","token":"8.01\/14\/9\/8.01-419","metadata":false},{"id":62745,"structure_id":14188,"section_number":"8.01-419.1","catch_line":"Motor vehicle value","url":"\/8.01-419.1\/","token":"8.01\/14\/9\/8.01-419.1","metadata":false},{"id":58128,"structure_id":14188,"section_number":"8.01-420","catch_line":"Depositions as basis for motion for summary judgment or to strike evidence","url":"\/8.01-420\/","token":"8.01\/14\/9\/8.01-420","metadata":false},{"id":82348,"structure_id":14188,"section_number":"8.01-420.01","catch_line":"Limiting further disclosure of discoverable materials and information; 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corporate officers","url":"\/8.01-420.4_1\/","token":"8.01\/14\/9\/8.01-420.4_1","metadata":false},{"id":69254,"structure_id":14188,"section_number":"8.01-420.5","catch_line":"Estoppel effect of judicial determination of employment status","url":"\/8.01-420.5\/","token":"8.01\/14\/9\/8.01-420.5","metadata":false},{"id":58937,"structure_id":14188,"section_number":"8.01-420.6","catch_line":"Number of witnesses whose depositions may be taken","url":"\/8.01-420.6\/","token":"8.01\/14\/9\/8.01-420.6","metadata":false},{"id":68155,"structure_id":14188,"section_number":"8.01-420.7","catch_line":"Attorney-client privilege and work product protection; limitations on waiver","url":"\/8.01-420.7\/","token":"8.01\/14\/9\/8.01-420.7","metadata":false},{"id":66065,"structure_id":14188,"section_number":"8.01-420.8","catch_line":"Protection of confidential information in court files","url":"\/8.01-420.8\/","token":"8.01\/14\/9\/8.01-420.8","metadata":false},{"id":79354,"structure_id":14188,"section_number":"8.01-420.9","catch_line":"Subpoena duces tecum; financial records of nonparty","url":"\/8.01-420.9\/","token":"8.01\/14\/9\/8.01-420.9","metadata":false}],"previous_section":{"id":62745,"structure_id":14188,"section_number":"8.01-419.1","catch_line":"Motor vehicle value","url":"\/8.01-419.1\/","token":"8.01\/14\/9\/8.01-419.1","metadata":false},"next_section":{"id":82348,"structure_id":14188,"section_number":"8.01-420.01","catch_line":"Limiting further disclosure of discoverable materials and information; protective order","url":"\/8.01-420.01\/","token":"8.01\/14\/9\/8.01-420.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-420\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1973, chapter 483; in 1977, chapter 617; in 1978, chapter 417; in 2013, chapter 76<\/a>; in 2019, chapters 10<\/a> and 128<\/a>.<\/p>","references":[{"id":64261,"section_number":"8.01-696","catch_line":"Summary judgment; pro se prisoner civil action","order_by":null,"url":"\/8.01-696\/"}],"refers_to":false,"permalink":{"id":277669,"object_type":"law","relational_id":58128,"identifier":"8.01-420","token":"8.01\/14\/9\/8.01-420","url":"\/8.01-420\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-420\/","token":"8.01\/14\/9\/8.01-420","dublin_core":{"Title":"Depositions as basis for motion for summary judgment or to strike evidence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-420","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in subsections B and C, no motion<\/span> for summary judgment<\/span> or to strike the evidence<\/span> shall be sustained when based in whole or in part upon any discovery<\/span> depositions<\/span> under Rule 4:5, unless all parties to the suit<\/span> or action<\/span> shall agree that such deposition<\/span> may be so used. Notwithstanding the foregoing, requests for admissions for which the responses are submitted in support of a motion<\/span> for summary judgment<\/span> may be based in whole or in part upon any discovery<\/span> depositions<\/span> under Rule 4:5 and may include admitted facts<\/span> learned or referenced in such a deposition<\/span>, provided that any such request for admission shall not reference the deposition<\/span> or require the party<\/span> to admit that the deponent gave specific testimony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the provisions of subsection A, a motion<\/span> for summary judgment<\/span> seeking dismissal<\/span> of any claim or demand for punitive damages<\/span> may be sustained, as to the punitive damages<\/span> claim or demand only, when based in whole or in part upon any discovery<\/span> depositions<\/span> under Rule 4:5. However, such a motion<\/span> may not be based upon discovery<\/span> depositions<\/span> under Rule 4:5 with respect to any claim or demand for punitive damages<\/span> based on the operation of a motor vehicle by a person<\/span> while under the influence of alcohol, any narcotic drug, or any other self-administered intoxicant or drug. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding the provisions of subsection A, discovery<\/span> depositions<\/span> under Rule 4:5 and affidavits<\/span> may be used in support of or in opposition to a motion<\/span> for summary judgment<\/span> in any action<\/span> when the only parties to the action<\/span> are business entities and the amount at issue<\/span> is $50,000 or more. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEPOSITIONS AS BASIS FOR MOTION FOR SUMMARY JUDGMENT OR TO STRIKE EVIDENCE (\u00a7\n8.01-420)\n\nA. Except as provided in subsections B and C, no motion for summary judgment or\nto strike the evidence shall be sustained when based in whole or in part upon\nany discovery depositions under Rule 4:5, unless all parties to the suit or\naction shall agree that such deposition may be so used. Notwithstanding the\nforegoing, requests for admissions for which the responses are submitted in\nsupport of a motion for summary judgment may be based in whole or in part upon\nany discovery depositions under Rule 4:5 and may include admitted facts learned\nor referenced in such a deposition, provided that any such request for admission\nshall not reference the deposition or require the party to admit that the\ndeponent gave specific testimony.\n\nB. Notwithstanding the provisions of subsection A, a motion for summary judgment\nseeking dismissal of any claim or demand for punitive damages may be sustained,\nas to the punitive damages claim or demand only, when based in whole or in part\nupon any discovery depositions under Rule 4:5. However, such a motion may not be\nbased upon discovery depositions under Rule 4:5 with respect to any claim or\ndemand for punitive damages based on the operation of a motor vehicle by a\nperson while under the influence of alcohol, any narcotic drug, or any other\nself-administered intoxicant or drug.\n\nC. Notwithstanding the provisions of subsection A, discovery depositions under\nRule 4:5 and affidavits may be used in support of or in opposition to a motion\nfor summary judgment in any action when the only parties to the action are\nbusiness entities and the amount at issue is $50,000 or more.\n\nHISTORY: Code 1950, \u00a7 8-315.1; 1973, c. 483; 1977, c. 617; 1978, c. 417; 2013,\nc. 76; 2019, cc. 10, 128.","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}}