A Guide to the Rules of Evidence in Virginia (Virginia CLE) (2022-2023 Ed.)

ARTICLE I. GENERAL PROVISIONS

• TITLE
• SCOPE AND CONSTRUCTION OF THESE RULES
• OBJECTIONS AND PROFFERS
• PRELIMINARY DETERMINATIONS
• PROOF ADMITTED FOR LIMITED PURPOSES
• REMAINDER OF A WRITING OR RECORDED STATEMENT (RULE 2:106(B) DERIVED FROM CODE § 8.01-417.1)
• ULTRAHAZARDOUS ITEMS AS EXHIBITS

ARTICLE II. JUDICIAL NOTICE

• JUDICIAL NOTICE OF OFFICIAL PUBLICATIONS (DERIVED FROM CODE § 8.01-388)

ARTICLE III. PRESUMPTIONS

• PRESUMPTIONS IN GENERAL IN CIVIL ACTIONS AND PROCEEDINGS
• APPLICABILITY OF FEDERAL LAW IN CIVIL ACTIONS AND PROCEEDINGS

ARTICLE IV. RELEVANCY, POLICY, AND CHARACTER TRAIT PROOF

• DEFINITION OF "RELEVANT EVIDENCE"
• RELEVANT EVIDENCE GENERALLY ADMISSIBLE; IRRELEVANT EVIDENCE INADMISSIBLE
• EXCLUSION OF RELEVANT EVIDENCE ON GROUNDS OF PREJUDICE, CONFUSION, MISLEADING THE JURY, OR NEEDLESS PRESENTATION OF CUMULATIVE EVIDENCE
• CHARACTER EVIDENCE NOT ADMISSIBLE TO PROVE CONDUCT; EXCEPTIONS; OTHER CRIMES
• METHODS OF PROVING CHARACTER TRAITS
• HABIT AND ROUTINE PRACTICE IN CIVIL CASES (DERIVED FROM CODE § 8.01-397.1)
• SUBSEQUENT REMEDIAL MEASURES (DERIVED FROM CODE § 8.01-418.1)
• COMPROMISE OFFERS AND CONDUCT OR STATEMENTS DURING NEGOTIATIONS
• EVIDENCE OF ABUSE ADMISSIBLE IN CERTAIN CRIMINAL TRIALS (DERIVED FROM CODE § 19.2-270.6)
• WITHDRAWN PLEAS, OFFERS TO PLEAD, AND RELATED STATEMENTS
• INSURANCE
• ADMISSIBILITY OF COMPLAINING WITNESS' PRIOR SEXUAL CONDUCT; CRIMINAL SEXUAL ASSAULT CASES; RELEVANCE OF PAST BEHAVIOR (DERIVED FROM CODE § 18.2-67.7)
• EVIDENCE OF SIMILAR CRIMES IN CHILD SEXUAL OFFENSE CASES (DERIVED FROM CODE § 18.2-67.7:1)

ARTICLE V. PRIVILEGES

• PRIVILEGED COMMUNICATIONS
• ATTORNEY-CLIENT PRIVILEGE
• CLERGY AND COMMUNICANT PRIVILEGE (DERIVED FROM CODE §§ 8.01-400 AND 19.2-271.3)
• 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)
• HEALING ARTS PRACTITIONER AND PATIENT PRIVILEGE (DERIVED FROM CODE § 8.01-399)
• MENTAL HEALTH PROFESSIONAL AND CLIENT PRIVILEGE (DERIVED FROM CODE § 8.01-400.2)
• PRIVILEGED COMMUNICATIONS INVOLVING INTERPRETERS (DERIVED FROM CODE §§ 8.01-400.1, 19.2-164, AND 19.2-164.1)
• PROTECTED INFORMATION; NEWSPERSONS ENGAGED IN JOURNALISM (DERIVED FROM CODE § 19.2-271.5)

ARTICLE VI. WITNESS EXAMINATION

• GENERAL RULE OF COMPETENCY
• LACK OF PERSONAL KNOWLEDGE
• OATH OR AFFIRMATION
• INTERPRETERS (DERIVED FROM CODE § 8.01-406)
• COMPETENCY OF COURT PERSONNEL AS WITNESSES (DERIVED FROM CODE § 19.2-271)
• JUROR'S COMPETENCY AS A WITNESS
• 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)
• IMPEACHMENT BY EVIDENCE OF REPUTATION FOR TRUTHTELLING AND CONDUCT OF WITNESS
• IMPEACHMENT BY EVIDENCE OF CONVICTION OF CRIME (DERIVED FROM CODE § 19.2-269)
• BIAS OR PREJUDICE OF A WITNESS
• MODE AND ORDER OF INTERROGATION AND PRESENTATION (RULE 2:611(C) DERIVED FROM CODE § 8.01-401(A))
• WRITING OR OBJECT USED TO REFRESH MEMORY
• 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)
• CALLING AND INTERROGATION OF WITNESSES BY COURT
• EXCLUSION OF WITNESSES (RULE 2:615(A) DERIVED FROM CODE §§ 8.01-375, 19.2-184, AND 19.2-265.1; RULE 2:615(B) DERIVED FROM CODE § 8.01-375; AND RULE 2:615(C) DERIVED FROM CODE § 19.2-265.1)

ARTICLE VII. OPINIONS AND EXPERT TESTIMONY

• OPINION TESTIMONY BY LAY WITNESSES (DERIVED FROM CODE § 8.01-401.3(B))
• TESTIMONY BY EXPERTS (RULE 2:702(A)(I) DERIVED FROM CODE § 8.01-401.3(A))
• BASIS OF EXPERT TESTIMONY (RULE 2:703(A) DERIVED FROM CODE § 8.01-401.1)
• OPINION ON ULTIMATE ISSUE (RULE 2:704(A) DERIVED FROM CODE § 8.01-401.3(B) AND (C))
• FACTS OR DATA USED IN TESTIMONY (RULE 2:705(A) DERIVED FROM CODE § 8.01-401.1)
• USE OF LEARNED TREATISES WITH EXPERTS (RULE 2:706(A) DERIVED FROM CODE § 8.01-401.1)

ARTICLE VIII. HEARSAY

• DEFINITIONS
• HEARSAY RULE
• 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)
• STATEMENTS BY CHILD DESCRIBING ACTS RELATING TO OFFENSE AGAINST CHILDREN (DERIVED FROM CODE § 19.2-268.3)
• HEARSAY EXCEPTIONS APPLICABLE WHERE THE DECLARANT IS UNAVAILABLE (RULE 2:804(B)(5) DERIVED FROM CODE § 8.01-397)
• HEARSAY WITHIN HEARSAY
• ATTACKING AND SUPPORTING CREDIBILITY OF HEARSAY DECLARANT

ARTICLE IX. AUTHENTICATION

• REQUIREMENT OF AUTHENTICATION OR IDENTIFICATION
• SELF-AUTHENTICATION (RULE 2:902(6) DERIVED FROM CODE § 8.01-390.3 AND CODE § 8.01-391(D))
• SUBSCRIBING WITNESS TESTIMONY NOT NECESSARY

ARTICLE X. BEST EVIDENCE

• DEFINITIONS
• REQUIREMENT OF PRODUCTION OF ORIGINAL
• USE OF SUBSTITUTE CHECKS (DERIVED FROM CODE § 8.01-391.1(A) AND (B))
• ADMISSIBILITY OF OTHER EVIDENCE OF CONTENTS
• ADMISSIBILITY OF COPIES (DERIVED FROM CODE § 8.01-391)
• SUMMARIES
• TESTIMONY OR WRITTEN ADMISSION OF A PARTY
• FUNCTIONS OF COURT AND JURY

ARTICLE XI. APPLICABILITY

• APPLICABILITY OF EVIDENTIARY RULES