Upon the continuance of any civil case in a court, the court shall at the request of any party litigant require such party's witnesses then present to enter into recognizance in such penalty as the court may deem proper, either with or without security, for their appearance to give evidence in such case on such day as may then be fixed for the trial thereof, such recognizance to be taken, conditioned, and entered of record in the same manner provided in §§ 19.2- 135 to 19.2-137, for taking recognizance.
§ 8.01-408.Recognizance taken upon continuance of case.
Chapter 14. Evidence · Article 5. Compelling Attendance of Witnesses, Etc · Last amended 1977 · Last verified July 16, 2026
In one sentenceWhen a civil case gets continued, this section lets the court, on request of any party, require that party’s present witnesses to post recognizance — with or without security, in whatever penalty amount the court sets — guaranteeing they will return to testify on the new trial date, following the same recognizance procedures used in criminal cases.
Full Text of § 8.01-408
Plain-English Summary
A continuance solves a scheduling problem but creates a new one: how do you make sure witnesses who showed up today will come back on the rescheduled date? Section 8.01-408 gives courts a tool to lock that commitment in. When a civil case is continued, the court, if a party litigant asks, can require that party’s witnesses who are present to enter into recognizance for their future appearance.
The court sets the terms — the penalty amount it considers proper, and whether security is required or the recognizance runs on the witness’s word alone. The recognizance itself follows the same procedural template used for taking recognizance under Virginia’s criminal procedure statutes, meaning courts do not need a separate civil-specific process; they borrow the mechanics already in place there.
Frequently Asked Questions
Can a court require a witness to guarantee their return after a continuance?
Yes, upon the continuance of a civil case, the court shall, at the request of any party litigant, require that party’s witnesses then present to enter into recognizance for their appearance on the newly fixed trial date.
Does the recognizance always require security or collateral?
No, the statute allows recognizance either with or without security, in a penalty the court deems proper.
Who can request that witnesses be placed under recognizance?
Any party litigant may request it upon the continuance of the case.
What procedure governs how the recognizance is taken and recorded?
The recognizance is taken, conditioned, and entered of record in the same manner provided in §§ 19.2-135 to 19.2-137 for taking recognizance.
Does this apply to witnesses who were not present at the hearing that got continued?
The statute specifically addresses the party’s witnesses “then present,” so it applies to witnesses who showed up for the continued proceeding.
Amendment History
Code 1950, § 8-298; 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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