CHAPTER 380

An Act to amend and reenact § 8-293 of the Code of Virginia, relating
to the contradiction of witnesses by prior inconsistent writings.
Be it enacted by the General Assembly of Virginia:

‘ That § 8-293 of the Code of Virginia be amended and reenacted as
ollows:

§ 8-293. A witness may be cross-examined as to previous statements
made by him in writing or reduced into writing, relative to the subject
matter of the proceeding, without such writing being shown to him; but
if it is intended to contradict such witness by the writing his attention
must, before such contradictory proof can be given, be called to the par-
ticular occasion on which the writing is supposed to have been made, and
he may be asked if he did not make a writing of the purport of the one
to be offered to contradict him, and if he denies making it, or does not
admit its execution, it shall then be shown to him, and if he admits its
genuineness, he shall be allowed to make his own explanation of it; -but
it shall be competent for the court at any time during the trial to require
the production of the writing for its inspection, and the court may there-
upon make such use of it for the purpose of the trial as it may think best.
The proyisions of this section shall apply to criminal as well as civil cases.
But this section is subject to this qualification, that in an action to recover
for a personal injury or death by wrongful act or neglect, no ex parte
affidavit or statement in writing other than a deposition, after due notice,
of a witness as to the facts or circumstances attending the wrongful act
or neglect complained of, shall be used to contradict him as a witness in
the case, nor in any action based upon a judgment recovered upon such
personal injury or death by wrongful act or neglect, unless five days prior
notice has been given the party making such statement of the intention of
the party offering such to use the same.