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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>72125</law_id><section_number>8.01-404</section_number><catch_line>Contradiction by prior inconsistent writing (Subdivision (b)(i) of Supreme Court Rule 2:613 derived in part from this section and subdivision (b)(ii) of Supreme Court Rule 2:613 derived from this section)</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="8.01">Civil Remedies and Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="14">Evidence</unit><unit label="article" level="3" order_by="1" identifier="4">Witnesses Generally</unit></structure><text>
						<section><p>A <span class="dictionary">witness</span> may be cross-examined as to previous statements made by him in writing or reduced into writing, relative to the subject matter of the <span class="dictionary">civil action</span>, without such writing being shown to him; but if it is intended to contradict such <span class="dictionary">witness</span> by the writing, his attention must, before such contradictory proof can be given, be called to the particular occasion on which the writing is supposed to have been made, and he may be asked if he did not make a writing of the purport of the one to be offered to contradict him, and if he denies making it, or does not admit its execution, it shall then be shown to him, and if he admits its genuineness, he shall be allowed to make his own explanation of it; but it shall be competent for the <span class="dictionary">court</span> at any time during the <span class="dictionary">trial</span> to require the production of the writing for its inspection, and the <span class="dictionary">court</span> may thereupon make such use of it for the purpose of the <span class="dictionary">trial</span> as it may think best. This section is subject to the qualification, that in an action to recover for a personal injury or death by wrongful act or neglect, no <span class="dictionary">ex parte</span> <span class="dictionary">affidavit</span> or statement in writing other than a <span class="dictionary">deposition</span>, after due notice, of a <span class="dictionary">witness</span> and no extrajudicial recording made at any time other than simultaneously with the wrongful act or <span class="dictionary">negligence</span> at <span class="dictionary">issue</span> of the voice of such <span class="dictionary">witness</span>, or reproduction or <span class="dictionary">transcript</span> thereof, as to the <span class="dictionary">facts</span> or circumstances attending the wrongful act or neglect complained of, shall be used to contradict him as a <span class="dictionary">witness</span> in the case. Nothing in this section shall be construed to prohibit the use of any such <span class="dictionary">ex parte</span> <span class="dictionary">affidavit</span> or statement in an action on an insurance policy based upon a <span class="dictionary">judgment</span> recovered in a personal injury or death by wrongful act case.</p></section></text><history>Code 1950, &#xA7; 8-293; 1958, c. 380; 1960, c. 114; 1964, c. 356; 1977, c. 617; 2007, c. 598.</history><metadata></metadata></law>
