No person shall be incompetent to testify because of interest, or because of his being a party to any civil action; but he shall, if otherwise competent to testify, and subject to the rules of evidence and practice applicable to other witnesses, be competent to give evidence in his own behalf and be competent and compellable to attend and give evidence on behalf of any other party to such action; but, in any case, the court, for good cause shown, may require any such person to attend and testify ore tenus and, upon his failure to so attend and testify, may exclude his deposition.
§ 8.01-396.No person incompetent to testify by reason of interest, or because a party.
Chapter 14. Evidence · Article 4. Witnesses Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceThis section abolishes the old common-law rule that barred interested persons and parties from testifying, making every party competent and compellable to give evidence for or against any side, while letting a judge order live testimony for good cause and exclude a deposition if the witness then refuses to appear.
Full Text of § 8.01-396
Plain-English Summary
Virginia once followed the old rule that a person with a stake in a lawsuit could not testify in it — a party, or anyone who stood to gain or lose from the outcome, was disqualified as a witness. Section 8.01-396 throws that rule out. It says no one is incompetent to testify merely because of interest or party status, so long as the person otherwise qualifies as a witness under ordinary evidence rules.
The practical effect: parties can take the stand on their own behalf, and the opposing side can call them too — and compel them to show up and answer questions. That last piece matters. A plaintiff cannot dodge testifying by claiming a conflict of interest, and neither can a defendant.
The section keeps one safety valve for the court. For good cause, a judge can order a party to appear in person and testify ore tenus rather than by deposition. If that person then refuses to show up, the court can respond by excluding that person’s deposition from evidence — a real incentive to comply.
Frequently Asked Questions
Can a party to a lawsuit testify on their own behalf in Virginia?
Yes. This section makes every party competent to testify in their own case, as long as they meet the ordinary rules of evidence and practice that apply to any other witness.
Can I be forced to call the opposing party as my witness?
The section makes an adverse party both competent and compellable to attend and give evidence on behalf of any other party, so the opposing party can be required to appear and testify for your side.
What happens if a party refuses to appear in court after the judge orders live testimony?
The court may exclude that party’s deposition from evidence if, after being required for good cause to attend and testify in person, the party fails to do so.
Does this section apply outside civil cases?
The text addresses competency and compellability of witnesses specifically in civil actions.
Does being an interested witness affect how much weight a jury gives the testimony?
The section addresses only competency to testify, not credibility; interest may still be argued to the fact-finder as a reason to weigh the testimony with care, but it no longer bars the testimony itself.
Amendment History
Code 1950, § 8-285; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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