A Guide to the Rules of Evidence in Virginia (Virginia CLE) (2025-2026 Ed.)

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)
• Rule 2:107 ULTRAHAZARDOUS ITEMS AS EXHIBITS

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• Rule 2:410 WITHDRAWN PLEAS, OFFERS TO PLEAD, AND RELATED STATEMENTS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
• Rule 2:615 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

• 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 2:803.1 STATEMENTS BY CHILD DESCRIBING ACTS RELATING TO OFFENSE AGAINST CHILDREN (DERIVED FROM CODE § 19.2-268.3)
• 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 2:1003 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