12102752D
HOUSE BILL NO. 1138
Offered January 13, 2012
A BILL to amend and reenact §8.01-420 of the Code of
Virginia, relating to use of depositions as a basis for summary judgment.
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Patron-- Head
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:
1. That §8.01-420 of the Code of Virginia is amended
and reenacted as follows:
§8.01-420. Depositions as basis for motion for summary
judgment or to strike evidence.
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.
However, a motion for
summary judgment may be based, in whole or in part, upon pleadings,
depositions, answers to interrogatories, admissions on file, or affidavits.
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