                                 CODE OF VIRGINIA

DEPOSITIONS AS BASIS FOR MOTION FOR SUMMARY JUDGMENT OR TO STRIKE EVIDENCE (§
8.01-420)

A. 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.

B. 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.

C. 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.

HISTORY: Code 1950, § 8-315.1; 1973, c. 483; 1977, c. 617; 1978, c. 417; 2013,
c. 76; 2019, cc. 10, 128.