Virginia Code

Va. Code Ann. § 8.01-410 (2026)

Inmates as witnesses in civil actions

✓ current as of May 2026

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Whenever any party in a civil action in any circuit court in this Commonwealth requires as a witness in his behalf, an inmate in a state or local correctional facility as defined in § 53.1-1, the court, on the application of such party or his attorney may, in its discretion and upon consideration of the importance of the personal appearance of the witness and the nature of the offense for which he is imprisoned, issue an order to the Director of the Department of Corrections to deliver such witness to the sheriff of the jurisdiction of the court issuing the order. If authorized by the court, the clerk of the circuit court or a deputy clerk may issue these orders on behalf of the court. The sheriff shall transport the inmate to the court to testify as such witness, and after he has testified and been released as such witness, the sheriff shall return the witness to the custody of the Department.

If necessary the sheriff may confine the inmate for the night in any convenient local correctional facility.

Under such rules and regulations as the superintendent of such an institution may prescribe, any party to a civil action in any circuit court in this Commonwealth may take the deposition of an inmate in the facility, which deposition, when taken, may be admissible in evidence as other depositions in civil actions.

The party seeking the testimony of such inmate shall advance a sum sufficient to defray the expenses and compensation of the correctional officers and sheriff, which the court shall tax as other costs.

For the purposes of this section, "correctional officers" shall have the same meaning as provided in § 53.1-1.

Code 1950, § 8-300.1; 1952, c. 487; 1966, c. 227; 1974, cc. 44, 45; 1977, c. 617; 1998, c. 596; 2001, c. 513; 2002, cc. 515, 544.

Notes of Decisions

Cited in 7 cases, 1995–2018 · leading case: Commonwealth Ex Rel. Virginia Dep't of Corr. v. Brown, 529 S.E.2d 96 (Va. 2000).

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Commonwealth Ex Rel. Virginia Dep't of Corr. v. Brown, 529 S.E.2d 96 (Va. 2000). · cites it 23× “Citing Code § 8.01-410, the Commonwealth asserted that only circuit courts are authorized to issue prisoner transportation orders in civil cases.”

L.C.S. v. S.a.s, 19 Va. App. 709 (Va. Ct. App. 1995). · cites it 4× “Lastly, Code § 8.01-410 2 gives a trial court wide latitude in determining whether to order the Department of Corrections to deliver a prisoner to be a witness in a civil matter.”

Lcs v. Sas, 453 S.E.2d 580 (Va. Ct. App. 1995). · cites it 4× “Lastly, Code § 8.01-410 [2] gives a trial court wide latitude in determining whether to order the Department of Corrections to deliver a prisoner to be a witness in a civil matter.”

Keith Wayne Alvis v. Amanda F. Thornton & Shawn B. Foster (Va. Ct. App. 2018). · cites it 16× “The order indicated, however, that the decision was based upon the consideration of Code § 8.01-410 and a report from the local department of social services filed with the circuit court pursuant to a prior order of reference.”

Atif Beyah Saleem, a/k/a Wm. Robinson v. P. Saleem (Va. Ct. App. 2001). · cites it 8× “Code § 8.01-410 provides in pertinent part: Whenever any party in a civil action in any circuit court in this Commonwealth shall require as a witness in his behalf, a convict or prisoner .”

Shawn McCauley v. Jessica Hoover (Va. Ct. App. 2010). · cites it 2× “Code § 8.01-410 provides, in pertinent part: Whenever any party in a civil action in any circuit court in this Commonwealth requires as a witness in his behalf, an inmate in a state or local correctional facility as defined in § 53.”

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