Monday, August 29, 2011

Dead Man's Statute - § 8.01-397

Excerpt from the Virginia Code:

§ 8.01-397. Corroboration required and evidence receivable when one party incapable of testifying.

In an action by or against a person who, from any cause, is incapable of testifying, or by or against the committee, trustee, executor, administrator, heir, or other representative of the person so incapable of testifying, no judgment or decree shall be rendered in favor of an adverse or interested party founded on his uncorroborated testimony. In any such action, whether such adverse party testifies or not, all entries, memoranda, and declarations by the party so incapable of testifying made while he was capable, relevant to the matter in issue, may be received as evidence in all proceedings including without limitation those to which a person under a disability is a party. The phrase "from any cause" as used in this section shall not include situations in which the party who is incapable of testifying has rendered himself unable to testify by an intentional self-inflicted injury.

(Code 1950, § 8-286; 1977, c. 617; 1988, c. 426.)










As usual, every law has a list of exceptions.  Consult with a Virginia attorney before taking any action. 

Tucker Griffin Barnes - Where deep insight equals powerful advantage.

Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474

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