A Guide to the Rules of Evidence in Virginia (Virginia CLE)

Article I. General Provisions

• Rule 2:101. Title
• Rule 2:102. Scope and Construction of These Rules
• Rule 2:103. Objections and Proffers
• Rule 2:104. Preliminary Determinations
• Rule 2:105. Proof Admitted for Limited Purposes
• Rule 2:106. Remainder of a Writing or Recorded Statement (rule 2:106(b) Derived from Code § 8.01-417.1)

Article II. Judicial Notice

• Rule 2:201. Judicial Notice of Adjudicative Facts
• Rule 2:202. Judicial Notice of Law (derived from Code §§ 8.01-386 and 19.2-265.2)
• Rule 2:203. Judicial Notice of Official Publications (derived from Code § 8.01-388)

Article III. Presumptions

• Rule 2:301. Presumptions in General in Civil Actions and Proceedings
• Rule 2:302. Applicability of Federal Law in Civil Actions and Proceedings

Article IV. Relevancy, Policy, and Character Trait Proof

• Rule 2:401. Definition of “relevant Evidence”
• Rule 2:402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
• Rule 2:403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, Misleading the Jury, or Needless Presentation of Cumulative Evidence
• Rule 2:404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes
• Rule 2:405. Methods of Proving Character Traits
• Rule 2:406. Habit and Routine Practice in Civil Cases (derived from Code § 8.01-397.1)
• Rule 2:407. Subsequent Remedial Measures (derived from Code § 8.01-418.1)
• Rule 2:408. Compromise Offers and Conduct or Statements During Negotiations
• Rule 2:409. Evidence of Abuse Admissible in Certain Criminal Trials (derived from Code § 19.2-270.6)
• Rule 2:410. Withdrawn Pleas, Offers to Plead, and Related Statements
• Rule 2:411. Insurance
• Rule 2:412. Admissibility of Complaining Witness’ Prior Sexual Conduct; Criminal Sexual Assault Cases; Relevance of Past Behavior (derived from Code § 18.2-67.7)
• Rule 2:413. Evidence of Similar Crimes in Child Sexual Offense Cases (derived from Code § 18.2-67.7:1)

Article V. Privileges

• Rule 2:501. Privileged Communications
• Rule 2:502. Attorney-client Privilege
• Rule 2:503. Clergy and Communicant Privilege (derived from Code §§ 8.01-400 and 19.2-271.3)
• Rule 2:504. Spousal Testimony and Marital Communications Privileges (rule 2:504(a) Derived from Code § 8.01-398; and Rule 2:504(b) Derived from Code § 19.2-271.2)
• Rule 2:505. Healing Arts Practitioner and Patient Privilege (derived from Code § 8.01-399)
• Rule 2:506. Mental Health Professional and Client Privilege (derived from Code § 8.01-400.2)
• Rule 2:507. Privileged Communications Involving Interpreters (derived from Code §§ 8.01-400.1, 19.2-164, and 19.2-164.1)

Article VI. Witness Examination

• Rule 2:601. General Rule of Competency
• Rule 2:602. Lack of Personal Knowledge
• Rule 2:603. Oath or Affirmation
• Rule 2:604. Interpreters (derived from Code § 8.01-406)
• Rule 2:605. Competency of Court Personnel as Witnesses (derived from Code § 19.2-271)
• Rule 2:606. Juror’s Competency as a Witness
• Rule 2:607. Impeachment of Witnesses (rule 2:607(b) Derived from Code § 8.01-401(a); and Rule 2:607(c) Derived from Code § 8.01-403)
• Rule 2:608. Impeachment by Evidence of Reputation for Truthtelling and Conduct of Witness
• Rule 2:609. Impeachment by Evidence of Conviction of Crime (derived from Code § 19.2-269)
• Rule 2:610. Bias or Prejudice of a Witness
• Rule 2:611. Mode and Order of Interrogation and Presentation (rule 2:611(c) Derived from Code § 8.01-401(a))
• Rule 2:612. Writing or Object Used to Refresh Memory
• Rule 2:613. Prior Statements of Witness (rule 2:613(a)(i) Derived from Code § 8.01-403; Rule 2:613(b)(i) Derived from Code §§ 8.01-404 and 19.2-268.1; and Rule 2:613(b)(ii) Derived from Code § 8.01-404)
• Rule 2:614. Calling and Interrogation of Witnesses by Court

Article VII. Opinions and Expert Testimony

• Rule 2:701. Opinion Testimony by Lay Witnesses (derived from Code § 8.01-401.3(b))
• Rule 2:702. Testimony by Experts (rule 2:702(a)(i) Derived from Code § 8.01-401.3(a)
• Rule 2:703. Basis of Expert Testimony (rule 2:703(a) Derived from Code § 8.01-401.1)
• Rule 2:704. Opinion on Ultimate Issue (rule 2:704(a) Derived from Code § 8.01-401.3(b) and (c))
• Rule 2:705. Facts or Data Used in Testimony (rule 2:705(a) Derived from Code § 8.01-401.1)
• Rule 2:706. Use of Learned Treatises with Experts (rule 2:706(a) Derived from Code § 8.01-401.1)

Article VIII. Hearsay

• Rule 2:801. Definitions
• Rule 2:802. Hearsay Rule
• Rule 2:803. Hearsay Exceptions Applicable Regardless of Availability of the Declarant (rule 2:803(10)(a) Derived from Code § 8.01-390(c); Rule 2:803(10)(b) Derived from Code § 19.2-188.3; Rule 2:803(17) Derived from Code § 8.2-724; and Rule 2:803(23) Is Derived from Code § 19.2-268.2)
• Rule 2:804. Hearsay Exceptions Applicable Where the Declarant Is Unavailable (rule 2:804(b)(5) Derived from Code § 8.01-397)
• Rule 2:805. Hearsay Within Hearsay
• Rule 2:806. Attacking and Supporting Credibility of Hearsay Declarant

Article IX. Authentication

• Rule 2:901. Requirement of Authentication or Identification
• Rule 2:902. Self-authentication (rule 2:902(6) Derived from Code § 8.01-390.3 and Code § 8.01-391(d)).
• Rule 2:903. Subscribing Witness Testimony Not Necessary

Article X. Best Evidence

• Rule 2:1001. Definitions
• Rule 2:1002. Requirement of Production of Original
• Rule 2:1003. Use of Substitute Checks (derived from Code § 8.01-391.1(a) and (b))
• Rule 2:1004. Admissibility of Other Evidence of Contents
• Rule 2:1005. Admissibility of Copies (derived from Code § 8.01-391)
• Rule 2:1006. Summaries
• Rule 2:1007. Testimony or Written Admission of a Party
• Rule 2:1008. Functions of Court and Jury

Article XI. Applicability

• Rule 2:1101. Applicability of Evidentiary Rules