CHAPTER 605

An Act to amend and reenact §§ 8-122, and 8-810 as amended, of the
Code of Virginia, relating to motions to strike answers in equity, and
taking and preserving oral evidence in chancery causes; to amend
the Code of Virginia by adding thereto a section numbered 8-122.1,
so as to provide the effect of overruling a defendant’s motion to
strike evidence in a chancery cause; and to repeal § 8-124 of the
Code of Virginia, relating to proceedings when a demurrer or plea
in equity is overruled.

[H 830]

Approved April 6, 1954
Be it enacted by the General Assembly of Virginia:

1. That §§ 8-122, and 8-310 as amended, of the Code of Virginia, be
amended and reenacted, and that the Code of Virginia be amended by
adding thereto a section numbered 8-122.1, as follows:

§ 8-122. Exceptions to answers for insufficiency are abolished. The
test of the sufficiency of any defensive pleading in equity shall be made
by a motion to strike out; if found insufficient, but amendable, the court
may allow amendment on terms. If a second answer is adjudged insufh-
cient, the defendant may be examined upon interrogatories and commit-
ted until he answer them, or on motion of the plaintiff the court may
strike out the answer and take the bill for confessed.

§ 8-122.1. In any chancery cause when 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 tts own behalf, and the procedure thereon
shall be the same and shall have the same effect as the motion to strike
the evidence in an action at law.

§ 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 pre-
served 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 * the applicable Rules of
the Supreme Court of Appeals of Virginia, as revised.

2. § 8-124 of the Code of Virginia is repealed.