Chapter 14. Evidence · Article 5. Compelling Attendance of Witnesses, Etc · Last amended 2002 · Last verified July 16, 2026
In one sentenceThis section lets a party in a circuit court civil action ask the court to order the Department of Corrections to deliver an inmate witness to the sheriff for transport and testimony, allows the inmate’s deposition instead under institutional rules, and requires the party seeking the testimony to advance the transport expenses, which the court then taxes as costs.
Full Text of § 8.01-410
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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.
Plain-English Summary
Sometimes the person who saw what happened, or who has relevant knowledge, is sitting in a state or local correctional facility. Section 8.01-410 gives civil litigants a route to that testimony. On a party’s application, the circuit court can — using its discretion and weighing how important the witness’s personal appearance is against the nature of the offense the inmate is serving time for — order the Director of the Department of Corrections to deliver the inmate to the local sheriff. If the court authorizes it, the clerk or a deputy clerk can issue these delivery orders on the court’s behalf. From there, the sheriff transports the inmate to court, and once the testimony is done, returns the inmate to the Department’s custody, confining the inmate overnight in a local facility if that becomes necessary.
Live testimony is not the only option. Under rules the facility’s superintendent sets, any party to the civil action can instead take the inmate’s deposition at the institution, and that deposition is admissible in evidence the same as any other deposition in a civil case.
None of this comes free. The party seeking the inmate’s testimony has to advance a sum sufficient to cover the correctional officers’ and sheriff’s expenses and compensation, money the court later taxes as ordinary costs in the case.
Frequently Asked Questions
Can I get an incarcerated witness brought to court to testify in my civil case?
Yes, the circuit court, on application of a party or the party’s attorney, may in its discretion order the Director of the Department of Corrections to deliver the inmate to the sheriff of the jurisdiction of the court for transport to testify.
What does the court consider before ordering an inmate delivered to testify?
The importance of the personal appearance of the witness and the nature of the offense for which the inmate is imprisoned.
Is there an alternative to bringing the inmate to court in person?
Yes, under rules the institution’s superintendent prescribes, any party may instead take the inmate’s deposition at the facility, and that deposition is admissible in evidence like any other civil deposition.
Who pays for transporting an inmate witness?
The party seeking the inmate’s testimony must advance a sum sufficient to defray the expenses and compensation of the correctional officers and sheriff, which the court then taxes as costs.
What happens to the inmate after testifying?
After testifying and being released as a witness, the sheriff returns the inmate to the custody of the Department of Corrections, confining the inmate overnight in a local correctional facility if necessary.
Amendment History
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.
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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