A. Party Depositions. -- A deposition of a party, or any witness designated under Rule 4:5(b)(6) to testify on behalf of a party, shall be taken in the county or city in which suit is pending, in an adjacent county or city, at a place upon which the parties agree, or at a place that the court may, for good cause, designate. Good cause may include the expense or inconvenience of a non-resident party defendant appearing in one of the locations specified in this subsection. The restrictions as to parties set forth in this subsection shall not apply where no responsive pleading has been filed or an appearance otherwise made.
§ 8.01-420.4.Taking of depositions.
Chapter 14. Evidence · Article 9. Miscellaneous Provisions · Last amended 2005 · Last verified July 16, 2026
In one sentenceSection 8.01-420.4 fixes where depositions happen: a party’s deposition must occur in the county or city where suit is pending, an adjacent locality, or a place the parties or court agree to, while a nonparty witness’s deposition must occur where the witness lives, works, or has a principal place of business, absent agreement or a court order for good cause.
Full Text of § 8.01-420.4
B. Non-party Witness Depositions. -- Unless otherwise provided by the law of the jurisdiction where a non-party witness resides, a deposition of a non-party witness shall be taken in the county or city where the non-party witness resides, is employed, or has his principal place of business; at a place upon which the witness and the parties to the litigation agree; or at a place that the court may, for good cause, designate.
Plain-English Summary
Subsection A sets the default location for a party’s deposition — or the deposition of a witness designated to testify on the party’s behalf under Rule 4:5(b)(6): the county or city where the suit is pending, an adjacent county or city, a place the parties agree on, or a place the court designates for good cause. A nonresident defendant’s expense or inconvenience in traveling to one of those locations can itself count as good cause. None of these location restrictions apply, though, before the party has filed a responsive pleading or otherwise appeared in the case.
Subsection B sets a different default for a nonparty witness, unless the law of the jurisdiction where that witness lives says otherwise: the deposition happens where the witness resides, is employed, or has a principal place of business, or at a place the witness and the parties agree on, or a place the court designates for good cause.
Frequently Asked Questions
Where must a party’s deposition be taken in a Virginia lawsuit?
In the county or city where the suit is pending, an adjacent county or city, a place the parties agree on, or a location the court designates for good cause.
Where must a nonparty witness’s deposition be taken?
Where the witness resides, is employed, or has a principal place of business, unless the witness and parties agree otherwise or the court designates another location for good cause, and subject to the law of the witness’s home jurisdiction.
Does a nonresident defendant’s travel burden matter in choosing a deposition location?
Yes. The expense or inconvenience of a nonresident party defendant appearing at one of the specified locations can constitute good cause for the court to designate a different place.
Do the party-deposition location rules apply before the defendant has responded to the suit?
No. The restrictions do not apply where no responsive pleading has been filed or an appearance otherwise made.
Does this section cover a corporate representative designated to testify on a party’s behalf?
Yes — a witness designated under Rule 4:5(b)(6) to testify on behalf of a party is treated the same as a party for location purposes.
Amendment History
1989, c. 209; 1991, c. 81; 1993, cc. 428, 940; 2005, c. 597.
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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