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2001 SESSION

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SB 802 Convicts as witnesses in civil actions.

Introduced by: W. Roscoe Reynolds | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Convicts as witnesses in civil actions. Allows a juvenile and domestic relations district court to issue an order to the Department of Corrections to deliver to the sheriff's office in the jurisdiction of the court issuing the order a prisoner who is a witness in an action. Under current law the Department of Corrections is to deliver witnesses in circuit court actions but the statute does not specify where the prisoner is to be delivered. The bill will partially overrule Commonwealth v. Brown, 2000 Va. Lexis 73 (2000), which held that general district courts do not have the statutory authority to issue transportation orders for prisoners confined within a state correctional facility. The bill also provides for the taking of a prisoner's testimony by telephone in certain cases and requires the party seeking the testimony to pay for the transportation costs when the court requires the presence of the prisoner.


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