                                 CODE OF VIRGINIA

PROCEDURE IN ACTION ON SUCH CLAIMS (§ 56-124)

In any action which may be instituted pursuant to § 56-123 before a general
district court for an amount not exceeding $300, either party at or before the
return day of the warrant may, in lieu of or in addition to giving evidence at
the hearing, file an affidavit relating to the subject matter and in such case
the other party to such action shall have a right to a continuance for a
reasonable time; provided, that any party to such action may give reasonable
notice to the party filing such affidavit and take the deposition of the
affiant, at such time and place as the court may prescribe, the taking of such
deposition to be governed by the rules of law in force regarding the
cross-examination of witnesses. Such affidavits and depositions shall be read
with the same force and effect as if taken in the form of a deposition after due
notice to the other party. In the event of appeal of any such action such
affidavits and depositions shall be read in the appellate court with the same
force and effect as before the general district court.

HISTORY: 1918, p. 467; 1922, p. 421; Michie Code 1942, § 3928b; 2005, c. 839.