Rule 2:402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible

LibraryA Guide to the Rules of Evidence in Virginia (Virginia CLE) (2021 Ed.)

Rule 2:402. RELEVANT EVIDENCE GENERALLY ADMISSIBLE; IRRELEVANT EVIDENCE INADMISSIBLE

(a) General Principle. All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, the Constitution of Virginia, statute, Rules of the Supreme Court of Virginia, or other evidentiary principles. Evidence that is not relevant is not admissible.

(b) Results of Polygraph Examinations. The results of polygraph examinations are not admissible.

NOTES

The Virginia Supreme Court has said, "The general rule is that a litigant is entitled to introduce all competent, material and relevant evidence which tends to prove or disprove any material issue raised." Hepler v. Hepler, 195 Va. 611, 620 (1954); see also Williams v. Garraghty, 249 Va. 224, cert. denied, 516 U.S. 814 (1995); Peacock Buick, Inc. v. Durkin, 221 Va. 1133, 1136 (1981) ("Evidence having rational probative value and which adds force and effect to other evidence will be admitted unless some other rule requires its exclusion.").

Although admissibility of relevant evidence is the general rule, it is not an absolute rule. Not all relevant evidence is admissible. For example, evidence may be relevant, yet inadmissible because it violates another rule or principle of evidence, e.g., the rule against hearsay. Additionally, there may be counterbalancing factors which substantially outweigh the need and usefulness of the evidence even though that evidence is relevant. See Va. R. Evid. 2:403; see also Allstate Ins. Co. v. White, 257 Va. 73, 76 (1999). See generally Velocity Express Mid-Atlantic v. Hugen, 266 Va. 188 (2003) (cross-examination of expert should not mention unrelated drug use by a personal injury plaintiff or prior episodes of depression).

The second sentence of the Rule states that irrelevant evidence is inadmissible. This principle is also one that is a foundation of any system of evidence. See Bunting v. Commonwealth, 208 Va. 309, 314 (1967).

This Rule also recognizes the binding force of state and federal constitutional law. In addition, there are statutes that make potentially relevant evidence inadmissible (e.g., Va. Code § 46.2-378, prohibiting the introduction of investigative reports of automobile accidents). Virginia evidence law applies in any case tried in the Commonwealth's courts, whether the cause of action arises under state or federal law (for example, a civil rights action). See also Smith v. Litten, 256 Va. 573 (1998) (where the evidence...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT