In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. The privilege extended to persons in other states for discovery under this article shall only apply if the jurisdiction where the action is pending has extended a similar privilege to persons in the Commonwealth, by that jurisdiction's enactment of the Uniform Interstate Depositions and Discovery Act, a predecessor uniform act, or another comparable law or rule of court providing substantially similar mechanisms for use by out-of-state parties.
§ 8.01-412.14.Uniformity of application and construction; reciprocal privileges.
Chapter 14. Evidence · Article 6.2. Uniform Interstate Depositions and Discovery Act · Last amended 2009 · Last verified July 16, 2026
In one sentenceThis section directs Virginia courts to construe the interstate discovery act with an eye toward uniformity among the states that adopt it, and conditions the discovery privileges the act extends to out-of-state litigants on reciprocity — the other jurisdiction must offer Virginia residents substantially similar discovery mechanisms.
Full Text of § 8.01-412.14
Plain-English Summary
Uniform acts only deliver on their promise of consistency if courts in every adopting state interpret them the same way. Section 8.01-412.14 instructs Virginia courts to keep that goal in mind: in applying and construing this act, courts should give weight to the need to promote uniformity of the law among the states that have enacted it, rather than reading Virginia-specific gloss into a law meant to work the same everywhere.
The section then backs that goal with a concrete reciprocity condition. The discovery privileges this article extends to people from other states only apply if the jurisdiction where the underlying action is pending has extended a similar privilege to people from Virginia — whether through that jurisdiction’s own enactment of this uniform act, a predecessor version of it, or some other comparable law or court rule providing substantially similar mechanisms for out-of-state parties. In short: Virginia’s streamlined procedure is a two-way street, not a one-sided accommodation.
Frequently Asked Questions
How should Virginia courts interpret this article when its meaning is unclear?
With consideration given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Does every out-of-state litigant automatically get the benefit of this streamlined discovery procedure?
No, the privilege extended to persons in other states applies only if the jurisdiction where the action is pending has extended a similar privilege to persons in Virginia.
What counts as a reciprocal privilege from the other jurisdiction?
That jurisdiction’s enactment of the Uniform Interstate Depositions and Discovery Act, a predecessor uniform act, or another comparable law or rule of court providing substantially similar mechanisms for use by out-of-state parties.
Why does Virginia condition this benefit on reciprocity?
The reciprocity requirement ensures Virginia residents get equivalent discovery access in the other jurisdiction before that jurisdiction’s litigants benefit from Virginia’s streamlined procedure.
Does this section create the discovery procedure itself, or just a construction rule?
It sets a construction principle favoring uniform interpretation and a reciprocity condition on the privileges extended; the operative discovery procedure appears in the other sections of this article.
Amendment History
2009, c. 701.
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
Also known as: va code 8.01-412.14virginia interstate discovery act reciprocityuniform act construction virginiareciprocal discovery privileges virginia out of state