2014 Virginia Code
Title 17.1 - Courts of Record
§ 17.1-910. Depositions


VA Code § 17.1-910 (2014) What's This?

In any pending investigation or formal hearing, the Commission may order
the deposition of a person residing within or without the Commonwealth to be
taken in such form and subject to such limitations as may be prescribed in the
order. If the subject judge and counsel for the Commission do not stipulate as
to the manner of taking the deposition, either the judge or counsel for the
Commission may file in a trial court of record a petition entitled "In the
Matter of Proceeding of Judicial Inquiry and Review Commission No. ....…
(state number)" and stating generally, without identifying the judge, the
nature of the pending matter, the name and residence of the person whose
testimony is desired, and directions, if any, of the Commission, asking that
an order be made requiring such person to appear and testify before a
designated officer. Upon the filing of the petition, the court may make an
order requiring such person to appear and testify. A subpoena for such
deposition shall be issued by the clerk of the court and the deposition shall
be taken and returned, in the manner prescribed by law for depositions in
civil actions. Upon failure of the person named in the subpoena to appear and
testify, he shall be dealt with by such court as for contempt of court. If the
deposition is that of a person residing or present within this Commonwealth,
the petition shall be filed in the court of record of the county or
corporation in which such person resides or is present; otherwise in the
Circuit Court of the City of Richmond.

1971, Ex. Sess., c. 154, § 2.1-37.12; 2001, c. 844.

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