West Virginia § 57-4-4 Circumstances under which deposition may be read in case at law; attendance of deponent out of county may be required

West Virginia Statutes

§ 57-4-4 — Circumstances under which deposition may be read in case at law; attendance of deponent out of county may be required

West Virginia § 57-4-4

Ch. 57EVIDENCE AND WITNESSES

Art. 4DEPOSITIONS AND PERPETUATION OF TESTIMONY

This text of West Virginia § 57-4-4 (Circumstances under which deposition may be read in case at law; attendance of deponent out of county may be required) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 57-4-4 (2026).

Text

A deposition in a case at law, taken on such notice under the three preceding sections, may be read in such case, if when it is offered, the deponent be dead, or out of this state, or one of its judges, or in any public office or service the duties of which prevent his attending the court, or be unable to attend it from sickness or other infirmity, or be out of the county in which the case is pending, or, because of lapse of time or mental infirmity, be unable to remember any material part of what he had deposed to. But when the only ground of reading a deposition is that the deponent is out of the county, on motion to the court, before the commencement of the trial, the court may, for good cause shown, require such deponent to attend in person.

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A deposition in a case at law, taken on such notice under the three preceding sections, may be read in such case, if when it is offered, the deponent be dead, or out of this state, or one of its judges, or in any public office or service the duties of which prevent his attending the court, or be unable to attend it from sickness or other infirmity, or be out of the county in which the case is pending, or, because of lapse of time or mental infirmity, be unable to remember any material part of what he had deposed to. But when the only ground of reading a deposition is that the deponent is out of the county, on motion to the court, before the commencement of the trial, the court may, for good cause shown, require such deponent to attend in person.