CHAPTER 617

An Act to amend and renact § 8-310 of the Code of Virginia, relating to
taking and preserving oral evidence in chancery causes, so as to
provide certain notices and to provide for certain procedures as to
motions to strike outall the evidence in chancery causes.

[H 764]

Approved April 3, 1952

Be it enacted by the General Assembly of Virginia:
1. That § 8-810 of the Code of Virginia be amended and reenacted as
follows:

§ 8-310. In any chancery cause except for the sale of lands of
infants and insane persons the court, on its own motion, or upon motion
of any party, complainant or defendant, may, in its discretion, direct that
the whole, or any part, of the evidence be taken and heard orally before
the court, and the court may require such evidence to be taken and
preserved as a part of the record in such 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 or is required by rule 2.21
of the Rules of the Supreme Court of Appeals of Virginia, as revised,
effective February one, nineteen hundred fifty, to be given of the taking
of deposition, 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. When all such evidence is heard orally before
the court, and a defendant moves the court to strike out all of the
evidence, upon any grounds, and such motion is overruled by the court,
such defendant shall not thereafter be precluded from introducing evidence
in his own behalf, and the procedure thereon shall be the same and have
the same effect as a motion to strike the evidence in an action at law.