{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/56-124.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/56-124.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/56-124.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/56-124.html"}],"law_id":370065,"edition_id":2,"section_id":370065,"structure_id":52709,"section_number":"56-124","catch_line":"Procedure in action on such claims","history":"1918, p. 467; 1922, p. 421; Michie Code 1942, \u00a7 3928b; 2005, c. 839.","full_text":"In any action which may be instituted pursuant to \u00a7 56-123 before a general district court for an amount not exceeding $300, either party at or before the return day of the warrant may, in lieu of or in addition to giving evidence at the hearing, file an affidavit relating to the subject matter and in such case the other party to such action shall have a right to a continuance for a reasonable time; provided, that any party to such action may give reasonable notice to the party filing such affidavit and take the deposition of the affiant, at such time and place as the court may prescribe, the taking of such deposition to be governed by the rules of law in force regarding the cross-examination of witnesses. Such affidavits and depositions shall be read with the same force and effect as if taken in the form of a deposition after due notice to the other party. In the event of appeal of any such action such affidavits and depositions shall be read in the appellate court with the same force and effect as before the general district court.\n\n","order_by":null,"text":{"0":{"id":1380543,"text":"In any action which may be instituted pursuant to \u00a7 56-123 before a general district court for an amount not exceeding $300, either party at or before the return day of the warrant may, in lieu of or in addition to giving evidence at the hearing, file an affidavit relating to the subject matter and in such case the other party to such action shall have a right to a continuance for a reasonable time; provided, that any party to such action may give reasonable notice to the party filing such affidavit and take the deposition of the affiant, at such time and place as the court may prescribe, the taking of such deposition to be governed by the rules of law in force regarding the cross-examination of witnesses. Such affidavits and depositions shall be read with the same force and effect as if taken in the form of a deposition after due notice to the other party. In the event of appeal of any such action such affidavits and depositions shall be read in the appellate court with the same force and effect as before the general district court.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":52709,"edition_id":2,"name":"Liabilities","identifier":"3","label":"article","depth":3,"order_by":3,"parent_id":52706,"metadata":{"child_laws":6,"child_structures":0},"date_created":"2026-08-02 03:03:26","date_modified":"2026-08-02 12:35:36","permalink":{"id":1478229,"object_type":"structure","relational_id":52709,"identifier":"3","token":"56\/6\/3","url":"\/56\/6\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52706,"edition_id":2,"name":"Transportation Companies Generally","identifier":"6","label":"chapter","depth":2,"order_by":7,"parent_id":52702,"metadata":{"child_laws":28,"child_structures":5},"date_created":"2026-08-02 03:03:25","date_modified":"2026-08-02 12:35:36","permalink":{"id":1478183,"object_type":"structure","relational_id":52706,"identifier":"6","token":"56\/6","url":"\/56\/6\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52702,"edition_id":2,"name":"Public Service Companies","identifier":"56","label":"title","depth":1,"order_by":121,"parent_id":null,"metadata":{"child_laws":710,"child_structures":93},"date_created":"2026-08-02 03:03:25","date_modified":"2026-08-02 12:35:34","permalink":{"id":1475475,"object_type":"structure","relational_id":52702,"identifier":"56","token":"56","url":"\/56\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":370060,"structure_id":52709,"section_number":"56-119","catch_line":"Contracts, etc., limiting liability invalid","url":"\/56-119\/","token":"56\/6\/3\/56-119","metadata":false},{"id":370062,"structure_id":52709,"section_number":"56-120","catch_line":"Repealed","url":"\/56-120\/","token":"56\/6\/3\/56-120","metadata":false},{"id":370063,"structure_id":52709,"section_number":"56-122","catch_line":"When railroad, steamship, etc., companies not liable as a common carrier","url":"\/56-122\/","token":"56\/6\/3\/56-122","metadata":false},{"id":370064,"structure_id":52709,"section_number":"56-123","catch_line":"Adjustment of claims against carriers","url":"\/56-123\/","token":"56\/6\/3\/56-123","metadata":false},{"id":370065,"structure_id":52709,"section_number":"56-124","catch_line":"Procedure in action on such claims","url":"\/56-124\/","token":"56\/6\/3\/56-124","metadata":false},{"id":370066,"structure_id":52709,"section_number":"56-125","catch_line":"Suits against unincorporated carriers","url":"\/56-125\/","token":"56\/6\/3\/56-125","metadata":false}],"previous_section":{"id":370064,"structure_id":52709,"section_number":"56-123","catch_line":"Adjustment of claims against carriers","url":"\/56-123\/","token":"56\/6\/3\/56-123","metadata":false},"next_section":{"id":370066,"structure_id":52709,"section_number":"56-125","catch_line":"Suits against unincorporated carriers","url":"\/56-125\/","token":"56\/6\/3\/56-125","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-124\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0839\">839<\/a>.<\/p>","references":false,"refers_to":[{"id":370064,"section_number":"56-123","catch_line":"Adjustment of claims against carriers","order_by":null,"url":"\/56-123\/"}],"permalink":{"id":1478247,"object_type":"law","relational_id":370065,"identifier":"56-124","token":"56\/6\/3\/56-124","url":"\/56-124\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/56-124\/","token":"56\/6\/3\/56-124","dublin_core":{"Title":"Procedure in action on such claims","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-124","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>In any action which may be instituted pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Adjustment of claims against carriers\" href=\"\/56-123\/\">56-123<\/a> before a general district <span class=\"dictionary\">court<\/span> for an amount not exceeding $300, either <span class=\"dictionary\">party<\/span> at or before the return day of the warrant may, in lieu of or in addition to giving <span class=\"dictionary\">evidence<\/span> at the <span class=\"dictionary\">hearing<\/span>, file an <span class=\"dictionary\">affidavit<\/span> relating to the subject matter and in such case the other <span class=\"dictionary\">party<\/span> to such action shall have a right to a <span class=\"dictionary\">continuance<\/span> for a reasonable time; provided, that any <span class=\"dictionary\">party<\/span> to such action may give reasonable notice to the <span class=\"dictionary\">party<\/span> filing such <span class=\"dictionary\">affidavit<\/span> and take the <span class=\"dictionary\">deposition<\/span> of the affiant, at such time and place as the <span class=\"dictionary\">court<\/span> may prescribe, the taking of such <span class=\"dictionary\">deposition<\/span> to be governed by the rules of <span class=\"dictionary\">law<\/span> in force regarding the cross-examination of witnesses. Such <span class=\"dictionary\">affidavits<\/span> and <span class=\"dictionary\">depositions<\/span> shall be read with the same force and effect as if taken in the form of a <span class=\"dictionary\">deposition<\/span> after due notice to the other <span class=\"dictionary\">party<\/span>. In the event of <span class=\"dictionary\">appeal<\/span> of any such action such <span class=\"dictionary\">affidavits<\/span> and <span class=\"dictionary\">depositions<\/span> shall be read in the <span class=\"dictionary\">appellate<\/span> <span class=\"dictionary\">court<\/span> with the same force and effect as before the general district <span class=\"dictionary\">court<\/span>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPROCEDURE IN ACTION ON SUCH CLAIMS (\u00a7 56-124)\n\nIn any action which may be instituted pursuant to \u00a7 56-123 before a general\ndistrict court for an amount not exceeding $300, either party at or before the\nreturn day of the warrant may, in lieu of or in addition to giving evidence at\nthe hearing, file an affidavit relating to the subject matter and in such case\nthe other party to such action shall have a right to a continuance for a\nreasonable time; provided, that any party to such action may give reasonable\nnotice to the party filing such affidavit and take the deposition of the\naffiant, at such time and place as the court may prescribe, the taking of such\ndeposition to be governed by the rules of law in force regarding the\ncross-examination of witnesses. Such affidavits and depositions shall be read\nwith the same force and effect as if taken in the form of a deposition after due\nnotice to the other party. In the event of appeal of any such action such\naffidavits and depositions shall be read in the appellate court with the same\nforce and effect as before the general district court.\n\nHISTORY: 1918, p. 467; 1922, p. 421; Michie Code 1942, \u00a7 3928b; 2005, c. 839.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}