                                 CODE OF VIRGINIA

CORROBORATION REQUIRED AND EVIDENCE RECEIVABLE WHEN ONE PARTY INCAPABLE OF
TESTIFYING (SUBDIVISION (B)(5) OF SUPREME COURT RULE 2:804 DERIVED FROM THIS
SECTION) (§ 8.01-397)

In an action by or against a person who, from any cause, is incapable of
testifying, or by or against the committee, trustee, executor, administrator,
heir, or other representative of the person so incapable of testifying, no
judgment or decree shall be rendered in favor of an adverse or interested party
founded on his uncorroborated testimony. In any such action, whether such
adverse party testifies or not, all entries, memoranda, and declarations by the
party so incapable of testifying made while he was capable, relevant to the
matter in issue, may be received as evidence in all proceedings including
without limitation those to which a person under a disability is a party. The
phrase &#8220;from any cause&#8221; as used in this section shall not include
situations in which the party who is incapable of testifying has rendered
himself unable to testify by an intentional self-inflicted injury.
		For the purposes of this section, and in addition to corroboration by any
other competent evidence, an entry authored by an adverse or interested party
contained in a business record may be competent evidence for corroboration of
the testimony of an adverse or interested party. If authentication of the
business record is not admitted in a request for admission, such business record
shall be authenticated by a person other than the author of the entry who is not
an adverse or interested party whose conduct is at issue in the allegations of
the complaint.

HISTORY: Code 1950, § 8-286; 1977, c. 617; 1988, c. 426; 2013, cc. 61, 637.