CHAPTER 369

An Act to amend the Code of Virginia by udding in Title 88 thereof a
new section numbered 88-8.1, relating to members of the Highway
Commission, the Highway Commissioner and the Deputy Commis-
sioner not leaving office to testify, and providing for depositions to be

(S 292]
Approved April 1, 1966

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
83-3.1 as follows:

§ 38-3.1. No member of the State Highway Commission, the State
Highway Commissioner or the Deputy State Highway Commissioner shall
be required to leave his office for the purpose of testifying in any suit,
action or other civil proceeding involving any of their official duties, but
the deposition of any member of the State Highway Commission, the State
Highway Commissioner or the Deputy State Highway Commissioner may
be taken at the main office of the Commission in Richmond, after reasonable
notice in writing has been given to the adverse party.

Any deposition taken pursuant to this section may be read in the
pending suit, action or other civil proceeding. However, on motion to the
court, filed at least ten days before the commencement of the trial, the
judge may, for good cause shown, require any member of the Commission,
the Commissioner or the Deputy Commissioner to attend and testify ore

us.