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2012 SESSION

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12102752D
HOUSE BILL NO. 1138 Offered January 13, 2012 A BILL to amend and reenact § 8.01-420 of the Code of Virginia, relating to use of depositions as a basis for summary judgment. ---------- Patron-- Head ---------- Referred to Committee for Courts of Justice ----------

Be 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.

However, a motion for summary judgment may be based, in whole or in part, upon pleadings, depositions, answers to interrogatories, admissions on file, or affidavits.