A. A party called to testify for another, having an adverse interest, may be examined by such other party according to the rules applicable to cross-examination.
§ 8.01-401.How adverse party may be examined; effect of refusal to testify (subsection (b) of Supreme Court Rule 2:607 and subsection (c) of Supreme Court Rule 2:611 derived from subsection A of this section).
Chapter 14. Evidence · Article 4. Witnesses Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceThis section allows a party called to testify by an opposing party to be cross-examined immediately as though on cross rather than direct, and gives the court broad power — including contempt, dismissal, or striking a pleading — when a party who is required to testify on someone else’s behalf refuses to do so.
Full Text of § 8.01-401
B. If any party, required by another to testify on his behalf, refuses to testify, the court, officer, or person before whom the proceeding is pending, may, in addition to punishing said party as for contempt, dismiss the action, or other proceeding of the party so refusing, as to the whole or any part thereof, or may strike out and disregard the plea, answer, or other defense of such party, or any part thereof, as justice may require.
Plain-English Summary
Normally a lawyer cannot lead their own witness, but that assumes the witness is friendly. Section 8.01-401 recognizes that calling the opposing party to the stand is different: if that party has an adverse interest, the party who called them may examine them under cross-examination rules from the start, leading questions and all.
The section also has teeth for the party who tries to sit out. If someone is required by another party to testify on that other party’s behalf and refuses, the court is not limited to a contempt citation — though that remains available. It can dismiss the refusing party’s action or proceeding, in whole or in part, or strike out and disregard that party’s plea, answer, or other defense, in whole or in part, as justice requires.
Put together, the section makes sure compellability under Virginia’s abolished-disqualification rule for interested witnesses means something in practice: a party cannot be forced to show up only to stonewall once there.
Frequently Asked Questions
Can I ask leading questions when I call the opposing party as my witness?
Yes, a party called to testify for another party, having an adverse interest, may be examined according to the rules applicable to cross-examination.
What happens if a party refuses to testify when required to do so by another party?
The court, officer, or person before whom the proceeding is pending may punish the refusing party for contempt, dismiss that party’s action or proceeding in whole or in part, or strike out and disregard that party’s plea, answer, or other defense, as justice may require.
Are these remedies limited to contempt, or can the court do more?
The court’s options go beyond contempt — it may also dismiss the proceeding or strike the refusing party’s pleadings, in whole or in part.
Does this section apply only when the witness is a party?
Subsection A applies to a party called to testify who has an adverse interest, and subsection B applies to any party required by another to testify on the other’s behalf.
Why would a party want to call the opposing side as a witness?
Because the statute lets the calling party use cross-examination techniques, such as leading questions, against a witness with an adverse interest, which can be an effective way to elicit unfavorable admissions.
Amendment History
Code 1950, §§ 8-290, 8-291; 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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