CHAPTER 114
An Act to amend and reenact § 8-293, as amended, of the Code of

Virginia, relating to contradiction of a witness by prior inconsisten

writing. (H 196]
Approved February 29, 1960

Be it enacted by the General Assembly of Virginia:
1. That § 8-293, as amended, of the Code of Virginia, be amended and
reenacted as follows:

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 genuine-
ness, 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 pro-
duction of the writing for its inspection, and the court may thereupon
make such use of it for the purpose of the trial as it may think best. The
provisions 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 *. But nothing in this section shall be construed to prohibit the
use of any such ex parte affidavit or statement in an action on an insur-
ance policy based upon a judgment recovered in a personal injury or death
by wrongful act case.