33.1-4 - How testimony of members of Board and Commissioner taken in civil proceedings.
§ 33.1-4. How testimony of members of Board and Commissioner taken in civilproceedings.
No member of the Commonwealth Transportation Board or the CommonwealthTransportation Commissioner shall be required to leave his office for thepurpose of testifying in any suit, action or other civil proceeding involvingany of their official duties, but the deposition of any member of theCommonwealth Transportation Board or the Commonwealth TransportationCommissioner may be taken at the main office of the Commission in Richmond,after reasonable notice in writing has been given to the adverse party.
Any deposition taken pursuant to this section may be read in the pendingsuit, action or other civil proceeding. However, on motion to the court,filed at least ten days before the commencement of the trial, the judge may,for good cause shown, require any member of the Board or the Commissioner toattend and testify ore tenus.
(Code 1950, § 33-3.1; 1966, c. 369; 1970, c. 322; 1974, c. 462; 1995, cc.195, 223.)