In any action which may be instituted pursuant to § 56-123 before a general district court for an amount not exceeding $300, either party at or before the return day of the warrant may, in lieu of or in addition to giving evidence at the hearing, file an affidavit relating to the subject matter and in such case the other party to such action shall have a right to a continuance for a reasonable time; provided, that any party to such action may give reasonable notice to the party filing such affidavit and take the deposition of the affiant, at such time and place as the court may prescribe, the taking of such deposition to be governed by the rules of law in force regarding the cross-examination of witnesses. Such affidavits and depositions shall be read with the same force and effect as if taken in the form of a deposition after due notice to the other party. In the event of appeal of any such action such affidavits and depositions shall be read in the appellate court with the same force and effect as before the general district court.
1918, p. 467; 1922, p. 421; Michie Code 1942, § 3928b; 2005, c. 839.
Structure Code of Virginia
Title 56 - Public Service Companies
Chapter 6 - Transportation Companies Generally
§ 56-102. Unlawful to charge other than published tariff
§ 56-111. When railroads may operate by motor vehicle or aircraft
§ 56-117. Company to notify consignee of arrival of freight
§ 56-118. Freight bill; what to contain
§ 56-119. Contracts, etc., limiting liability invalid
§ 56-122. When railroad, steamship, etc., companies not liable as a common carrier
§ 56-123. Adjustment of claims against carriers
§ 56-124. Procedure in action on such claims
§ 56-125. Suits against unincorporated carriers
§ 56-128. Commission's examination of all transportation companies, etc.
§ 56-129.1. Participation in the Federal Railroad Administration Safety and Inspection Program
§ 56-130. Penalty for failure to make necessary repairs, etc.
§ 56-131. Accident Investigation and Reporting
§ 56-140. Penalty for violation of chapter, orders, rules or regulations