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2011 SESSION
10101448DBe it enacted by the General Assembly of Virginia:
1. That § 8.01-420 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-420. Depositions as basis for motion for summary judgment or to strike evidence.
No motion for summary judgment or to strike the evidence shall be
sustained when based in whole or in part upon any discovery depositions under
Rule 4:5, unless all parties to the suit or action shall agree that such
deposition may be so used. A motion for summary
judgment may be based, in whole or in part, upon pleadings, depositions,
answers to interrogatories, answers to requests for admissions, or affidavits filed
in the suit or action.