Chap. 209.—An ACT to amend and re-enact section 5109 of the Code of Virginia,
in relation to oral testimony in open court, in divorce cases. [H B 309]

Approved March 23, 1932

1. Be it enacted by the general assembly of Virginia, That section
fifty-one hundred and nine of the Code of Virginia, be amended and
re-enacted so as to read as follows:

Section 5109. In any suit for divorce the trial court may require
the whole or any part of the testimony to be given orally in open
court, and if either party desires it, such testimony and the rulings of
the court on the exceptions thereto, if any, shall be reduced to writing,
and the judge shall certify that such evidence was given before him
and such rulings made. When so certified the same shall stand on the
same footing as a deposition regularly taken in the cause; provided,
however, that no such oral evidence shall be given or heard unless and
until after such notice to the adverse party as is required by law to be
given of the taking of depositions, or when there has been no service
of process within this State upon, or appearance by the defendant
against whom such testimony is sought to be introduced.