After service of a copy of the complaint and after reasonable notice to the other party or parties, any party shall be authorized to take depositions to sustain or invalidate the election. The proceedings shall take precedence over all other business of the court or of any of the judges and shall be heard and determined as soon as possible. The contest shall be heard and determined without a jury, on the testimony thus taken and on any other legal testimony that may be adduced by any party. In judging the contest, the court shall proceed on the merits thereof and decide the same according to the Constitution and statutes of the Commonwealth.
Code 1950, § 24-436; 1952, c. 489; 1970, c. 462, § 24.1-243; 1981, c. 570; 1993, c. 641.
Structure Code of Virginia
Chapter 8 - Recounts and Contested Elections
§ 24.2-800. Recounts in all elections
§ 24.2-801. Petition for recount; recount court
§ 24.2-801.1. Petition for recount of election for presidential electors; recount court
§ 24.2-802.2. General recount procedures
§ 24.2-802.3. Costs of the recount
§ 24.2-803. Contest of election to General Assembly
§ 24.2-804. Contest of elections of Governor, Lieutenant Governor, and Attorney General
§ 24.2-806. Contest of other primaries and elections
§ 24.2-807. Contest only on complaint of unsuccessful party; contents of complaint
§ 24.2-808. Time of filing and service of complaint; enlargement or amendment of complaint
§ 24.2-809. Filing answer; contents; enlargement or amendment of answer
§ 24.2-810. Taking depositions and deciding contests
§ 24.2-811. Costs and issuance of certificate of election
§ 24.2-812. Proceedings when court decides no valid election has been held