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Conceived and developed by the Boyd-Graves Conference Evidence Committee to equip judges and attorneys with a handbook of exceptional accuracy, A Guide to Rules of Evidence provides easy access—in one place—to the principles governing evidence law in Virginia, which are embedded in 200 years of case law, numerous statutes, and the Rules of Evidence.
The 2025-2026 edition of this concise and best-selling publication is coming soon. The text of the Rules of Evidence is amplified by the Evidence Committee’s notes, references to related statutes (as updated through the 2025 session of the General Assembly), and annotations up to the most recent court decisions, including Williams v. Commonwealth, decided September 16, 2025, which examined the balancing test applicable to prior bad acts evidence. The tabbed format, table of authorities, and index provide convenient ways to quickly consult points of Virginia evidence law and procedure.
“A Guide to Rules of Evidence provides a concise synthesis of Virginia’s governing evidentiary principles to be used in preparation of cases and at trial. The notes accompanying each Virginia Rule of Evidence give important alerts on issues and developments, along with citations of all of the cases applying each rule.” – Kent Sinclair, author and Project Reporter for the Evidence Committee of the Boyd-Graves Conference
CHAPTER LIST
Rule 2:101 TITLE
Rule 2:102 SCOPE AND CONSTRUCTION OF
THESE RULES
Rule 2:103 OBJECTIONS AND PROFFERS
(a) Admission or exclusion of evidence
(b) Hearing of jury
Rule 2:104 PRELIMINARY DETERMINATIONS
(a) Determinations made by the court
(b) Relevancy conditioned on proof of connecting facts
(c) Hearing of jury
(d) Testimony by accused
(e) Evidence of weight or credibility
Rule 2:105 PROOF ADMITTED FOR LIMITED
PURPOSES
Rule 2:106 REMAINDER OF A WRITING OR
RECORDED STATEMENT
(a) Related Portions of a Writing in Civil and
Criminal Cases
(b) Lengthy Documents in Civil Cases
ARTICLE II. JUDICIAL NOTICE
Rule 2:201 JUDICIAL NOTICE OF ADJUDICATIVE
FACTS
(a) Notice
(b) Time of taking notice
(c) Opportunity to be heard
Rule 2:202 JUDICIAL NOTICE OF LAW
(a) Notice to Be Taken
(b) Sources of Information
Rule 2:203 JUDICIAL NOTICE OF OFFICIAL
PUBLICATIONS
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
(a) General Principle
(b) Results of Polygraph Examinations
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
(a) Character evidence generally
(b) Other crimes, wrongs, or acts
Rule 2:405 METHODS OF PROVING CHARACTER
TRAITS
(a) Reputation proof
(b) Specific instances of conduct
Rule 2:406 HABIT AND ROUTINE PRACTICE IN
CIVIL CASES
(a) Admissibility
(b) Habit and routine practice defined
Rule 2:407 SUBSEQUENT REMEDIAL MEASURES
Rule 2:408 COMPROMISE OFFERS AND CONDUCT
OR STATEMENTS DURING NEGOTIATIONS
(a) Prohibited uses
(b) Exceptions
(c) Pre-existing documents or physical evidence
Rule 2:409 EVIDENCE OF ABUSE ADMISSIBLE
IN CERTAIN CRIMINAL TRIALS
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
Rule 2:413 EVIDENCE OF SIMILAR CRIMES IN
CHILD SEXUAL OFFENSE CASES
ARTICLE V. PRIVILEGES
Rule 2:501 PRIVILEGED COMMUNICATIONS
Rule 2:502 ATTORNEY-CLIENT PRIVILEGE
Rule 2:503 CLERGY AND COMMUNICANT PRIVILEGE
Rule 2:504 SPOUSAL TESTIMONY AND MARITAL
COMMUNICATIONS PRIVILEGES
(a) Privileged Marital Communications in Civil Cases
(b) Testimony of Husband and Wife in Criminal Cases
Rule 2:505 HEALING ARTS PRACTITIONER
AND PATIENT PRIVILEGE
Rule 2:506 MENTAL HEALTH PROFESSIONAL
AND CLIENT PRIVILEGE
Rule 2:507 PRIVILEGED COMMUNICATIONS
INVOLVING INTERPRETERS
ARTICLE VI. WITNESS EXAMINATION
Rule 2:601 GENERAL RULE OF COMPETENCY
(a) Generally
(b) Rulings
Rule 2:602 LACK OF PERSONAL KNOWLEDGE
Rule 2:603 OATH OR AFFIRMATION
Rule 2:604 INTERPRETERS
Rule 2:605 COMPETENCY OF COURT PERSONNEL
AS WITNESSES
Rule 2:606 JUROR’S COMPETENCY AS A WITNESS
(a) At the trial
(b) During an Inquiry into the Validity
of a Verdict or Indictment
Rule 2:607 IMPEACHMENT OF WITNESSES
(a) In general
(b) Witness with adverse interest
(c) Witness proving adverse
Rule 2:608 IMPEACHMENT BY EVIDENCE OF
REPUTATION FOR TRUTHTELLING AND
CONDUCT OF WITNESS
(a) Reputation evidence of the character trait for
truthfulness or untruthfulness
(b) Specific instances of conduct; extrinsic proof
(c) Cross-examination of character witness
(d) Unadjudicated perjury
(e) Prior false accusations in sexual assault cases
Rule 2:609 IMPEACHMENT BY EVIDENCE OF
CONVICTION OF CRIME
(a) Party in a civil case or criminal defendant
(b) Other witnesses
(c) Juvenile adjudications
(d) Adverse Witnesses
Rule 2:610 BIAS OR PREJUDICE OF A WITNESS
Rule 2:611 MODE AND ORDER OF INTERROGATION
AND PRESENTATION
(a) Presentation of evidence
(b) Scope of cross-examination
(c) Leading questions
Rule 2:612 WRITING OR OBJECT USED TO
REFRESH MEMORY
Rule 2:613 PRIOR STATEMENTS OF WITNESS
(a) Examining witness concerning prior oral statement
(b) Contradiction by prior inconsistent writing
Rule 2:614 CALLING AND INTERROGATION OF
WITNESSES BY COURT
(a) Calling by the court in civil cases
(b) Interrogation by the court
Rule 2:615 EXCLUSION OF WITNESSES
ARTICLE VII. OPINIONS AND EXPERT TESTIMONY
Rule 2:701 OPINION TESTIMONY BY LAY WITNESSES
Rule 2:702 TESTIMONY BY EXPERTS
(a) Use of Expert Testimony
(b) Form of opinion
Rule 2:703 BASIS OF EXPERT TESTIMONY
(a) Civil cases
(b) Criminal cases
Rule 2:704 OPINION ON ULTIMATE ISSUE
(a) Civil cases
(b) Criminal cases
Rule 2:705 FACTS OR DATA USED IN TESTIMONY
(a) Civil cases
(b) Criminal cases
Rule 2:706 USE OF LEARNED TREATISES
WITH EXPERTS
(a) Civil cases
(b) Criminal cases
ARTICLE VIII. HEARSAY
Rule 2:801 DEFINITIONS
(a) Statement
(b) Declarant
(c) Hearsay
(d) Prior statements
Rule 2:802 HEARSAY RULE
Rule 2:803 HEARSAY EXCEPTIONS APPLICABLE
REGARDLESS OF AVAILABILITY OF THE
DECLARANT
(0) Admission by party opponent
(1) Present sense impression
(2) Excited utterance
(3) Then existing mental, emotional, or
physical condition
(4) Statements for purposes of medical treatment
(5) Recorded recollection
(6) Records of a Regularly Conducted Activity
(7) Reserved
(8) Public records and reports
(9) Records of vital statistics
(10) Absence of entries in public records and reports
(11) Records of religious organizations
(12) Marriage, baptismal, and similar certificates
(13) Family records
(14) Records of documents affecting an interest in
property
(15) Statements in documents affecting an interest
in property
(16) Statements in ancient documents
(17) Market quotations
(18) Learned treatises
(19) Reputation concerning boundaries
(20) Reputation as to a character trait
(21) Judgment as to personal, family, or general
history, or boundaries
(22) Statement of identification by witness
(23) Recent complaint of sexual assault
(24) Price of goods
Rule 2:803.1 STATEMENTS BY CHILD DESCRIBING
ACTS RELATING TO OFFENSE AGAINST
CHILDREN
Rule 2:804 HEARSAY EXCEPTIONS APPLICABLE
WHERE THE DECLARANT IS UNAVAILABLE
(a) Applicability
(b) Hearsay exceptions
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
(1) Domestic public records offered in
compliance with statute
(2) Foreign public documents
(3) Presumptions created by law
(4) Medical records and medical bills in
particular actions
(5) Specific certificates of analysis and reports
(6) Certified records of a regularly conducted activity
Rule 2:903 SUBSCRIBING WITNESS TESTIMONY
NOT NECESSARY
ARTICLE X. BEST EVIDENCE
Rule 2:1001 DEFINITIONS
(1) Writings
(2) Original
Rule 2:1002 REQUIREMENT OF PRODUCTION
OF ORIGINAL
Rule 2:1003 USE OF SUBSTITUTE CHECKS
(a) Admissibility generally
(b) Presumption from designation and legend
Rule 2:1004 ADMISSIBILITY OF OTHER EVIDENCE
OF CONTENTS
(a) Originals lost or destroyed
(b) Original not obtainable
(c) Original in possession of opponent
(d) Collateral matters
Rule 2:1005 ADMISSIBILITY OF COPIES
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
(a) Proceedings to which applicable generally
(b) Law of privilege
(c) Permissive application
Evidence Committee
Prof. Kent Sinclair, Reporter
Richard Conway, Esq.
Ashley T. Davis, Esq.
Hon. D. Arthur Kelsey
John D. McGavin, Esq.
Monica T. Monday, Esq.
Sona Rewari, Esq.
Catherine French Zagurskie, Esq.
Prof. Kent Sinclair, Project Reporter
R. Lee Livingston, Esq., Chair
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