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

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

In an action by or against a person who, from any cause, is incapable oftestifying, or by or against the committee, trustee, executor, administrator,heir, or other representative of the person so incapable of testifying, nojudgment or decree shall be rendered in favor of an adverse or interestedparty founded on his uncorroborated testimony. In any such action, whethersuch adverse party testifies or not, all entries, memoranda, and declarationsby the party so incapable of testifying made while he was capable, relevantto the matter in issue, may be received as evidence in all proceedingsincluding without limitation those to which a person under a disability is aparty. The phrase "from any cause" as used in this section shall notinclude situations in which the party who is incapable of testifying hasrendered himself unable to testify by an intentional self-inflicted injury.

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