Code of Virginia - Title 8.01 Civil Remedies And Procedure - Chapter 14 Evidence

8.01-385 Definitions
As used in this chapter: 1. The term "United States" shall be deemed to refer to the United States of America and to include any ...
8.01-386 Judicial notice of laws
A. Whenever, in any civil action it becomes necessary to ascertain what the law, statutory or otherwise, of this Commonwealth, of another state, of the ...
8.01-387 Notice by courts and officers of signatures of judges and Governor
All courts and officers shall take notice of the signature of any of the judges, or of the Governor of this Commonwealth, to any judicial ...
8.01-388 Judicial notice of official publications
The court shall take judicial notice of the contents of all official publications of this Commonwealth and its political subdivisions and agencies required to be ...
8.01-389 Judicial records as evidence; full faith and credit; recitals in deeds, deeds of trust, and mortgag...
A. The records of any judicial proceeding and any other official records of any court of this Commonwealth shall be received as prima facie evidence ...
8.01-390 Nonjudicial records as evidence
A. Copies of records of this Commonwealth, of another state, of the United States, of another country, or of any political subdivision or agency of ...
8.01-390.1 School records as evidence
In a proceeding where a minor's school records relating to attendance, transcripts or grades are material, copies of school records solely relating thereto shall be ...
8.01-390.2 Reports by Chief Medical Examiner received as evidence
Reports of investigations made by the Chief Medical Examiner, his assistants or medical examiners, and the records and certified reports of autopsies made under the ...
8.01-391 Copies of originals as evidence
A. Whenever the original of any official publication or other record has been filed in an action or introduced as evidence, the court may order ...
8.01-391.1 Substitute checks as evidence.
A. A substitute check created pursuant to the federal Check Clearing for the 21st Century Evidence Act (Check 21 Act), 12 U.S.C. § 5001 et ...
8.01-392 When court order book or equivalent is lost or illegible, what matters may be reentered
When any book, microfilm record, or record in other form containing judgments, decrees, orders or proceedings of a court is lost, destroyed, or illegible, and ...
8.01-393 When book or paper or equivalent in clerk's office lost, destroyed, or illegible to be again record...
When any such book, or any book, microfilm record, or record in other form containing the record of wills, deeds, or other papers, or any ...
8.01-394 How contents of any such lost record, etc., proved
A. Any person desirous of proving the contents of any such book, record, or other paper as is mentioned in either § 8.01-392 or § ...
8.01-395 Validating certain proceedings under { 8.01-394
All proceedings had in any case, under the provisions of § 8.01-394, wherein a final judgment or decree has stood unimpeached for more than twenty ...
8.01-396 No person incompetent to testify by reason of interest, or because a party
No person shall be incompetent to testify because of interest, or because of his being a party to any civil action; but he shall, if ...
8.01-396.1 Competency of witness
No child shall be deemed incompetent to testify solely because of age. (1993, cc. 441, 605.) ...
8.01-397 Corroboration required and evidence receivable when one party incapable of testifying
In an action by or against a person who, from any cause, is incapable of testifying, or by or against the committee, trustee, executor, administrator, ...
8.01-397.1 Evidence of habit or routine practice; defined
A. Admissibility. Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the ...
8.01-398 Privileged marital communications
Husband and wife shall be competent witnesses to testify for or against each other in all civil actions. In any civil proceeding, a person has ...
8.01-399 Communications between physicians and patients
A. Except at the request or with the consent of the patient, or as provided in this section, no duly licensed practitioner of any branch ...
8.01-400 Communications between ministers of religion and persons they counsel or advise
No regular minister, priest, rabbi, or accredited practitioner over the age of eighteen years, of any religious organization or denomination usually referred to as a ...
8.01-400.1 Privileged communications by interpreters for the deaf
Whenever a deaf person communicates through an interpreter to any person under such circumstances that the communication would be privileged, and such person could not ...
8.01-400.2 Communications between certain mental health professionals and clients
Except at the request of or with the consent of the client, no licensed professional counselor, as defined in § 54.1-3500; licensed clinical social worker, ...
8.01-401 How adverse party may be examined; effect of refusal to testify
A. A party called to testify for another, having an adverse interest, may be examined by such other party according to the rules applicable to ...
8.01-401.1 Opinion testimony by experts; hearsay exception
In any civil action any expert witness may give testimony and render an opinion or draw inferences from facts, circumstances or data made known to ...
8.01-401.2 Chiropractor as expert witness
A doctor of chiropractic, when properly qualified, may testify as an expert witness in a court of law as to etiology, diagnosis, prognosis, and disability, ...
8.01-401.3 Opinion testimony and conclusions as to facts critical to civil case resolution
A. In a civil proceeding, if scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine ...
8.01-402 Members of Department of Motor Vehicles' Crash Investigation Team not to be required to give eviden...
No member of the Department of Motor Vehicles' Crash Investigation Team shall be required to give evidence concerning any statements made to him in the ...
8.01-403 Witness proving adverse; contradiction; prior inconsistent statement
A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the ...
8.01-404 Contradiction by prior inconsistent writing
A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, relative to the subject matter of the ...
8.01-405 Who may administer oath to witness
Any person before whom a witness is to be examined may administer an oath to such witness. In addition, a clerk or deputy clerk may ...
8.01-406 Interpreters; recording testimony of deaf witness
Interpreters shall be sworn truly so to do. In any judicial proceeding, the judge on his own motion or on the motion of a party ...
8.01-407 How summons for witness issued, and to whom directed; prior permission of court to summon certain o...
A. A summons may be issued, directed as prescribed in § 8.01-292, commanding the officer to summon any person to attend on the day and ...
8.01-407.1 Identity of persons communicating anonymously over the Internet
A. In civil proceedings where it is alleged that an anonymous individual has engaged in Internet communications that are tortious, any subpoena seeking information held ...
8.01-408 Recognizance taken upon continuance of case
Upon the continuance of any civil case in a court, the court shall at the request of any party litigant require such party's witnesses then ...
8.01-409 When court may have process for witness executed by its own officer in another county or cit...
Whenever on the calling or during the trial of a civil case in any court it appears to the court that it is necessary to ...
8.01-410 Inmates as witnesses in civil actions
Whenever any party in a civil action in any circuit court in this Commonwealth requires as a witness in his behalf, an inmate in a ...
8.01-411 Compelling attendance of witnesses for taking depositions and production of documents to be used i...
Whenever any mandate, writ or commission is issued out of any court of record in any other state, territory, district or foreign jurisdiction, or whenever ...
8.01-412 Uniformity of interpretation; reciprocal privileges
This article shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it. ...
8.01-412.1 Short title
This article may be cited as the Uniform Foreign Depositions Act. (Code 1950, § 8-316.3; 1958, c. 58; 1977, c. 617.) ...
8.01-412.2 Authorization of audio-visual deposition; official record; uses
Any deposition may be recorded by audio-visual means without a stenographic record. Any party may make, at his own expense, a simultaneous stenographic or audio ...
8.01-412.3 Notice of audio-visual deposition
The notice for taking an audio-visual deposition and the subpoena for attendance at that deposition shall state that the deposition will be recorded by audio-visual ...
8.01-412.4 Procedure
The taking of audio-visual depositions shall be in accordance with the rules of the Supreme Court generally applicable to depositions. However, the following procedure shall ...
8.01-412.5 Costs
In any case where a deposition taken pursuant to this article does not conform to the requirements for use of such deposition as provided in ...
8.01-412.6 Promulgation of rules for standards and guidelines
The Supreme Court may promulgate rules establishing standards for audio-visual equipment and guidelines for taking and using audio-visual depositions. (1983, c. 305.) ...
8.01-412.7 Short title
This article may be cited as the "Uniform Audio-Visual Deposition Act." (1983, c. 305.) ...
8.01-413 Certain copies of health care provider's records or papers of patient admissible; right of patient...
A. In any case where the hospital, nursing facility, physician's, or other health care provider's original records or papers of any patient in a hospital ...
8.01-413.01 Authenticity and reasonableness of medical bills; presumption
A. In any action for personal injuries, wrongful death, or for medical expense benefits payable under a motor vehicle insurance policy issued pursuant to § ...
8.01-413.02 Admissibility of written reports or records of blood alcohol tests conducted in the regular course ...
A. Notwithstanding any other provision of law, the written reports or records of blood alcohol tests conducted upon persons receiving medical treatment in a hospital ...
8.01-413.1 Certain copies of employment records or papers admissible; right of employee or his attorney to cop...
In any case where the original wage or salary records or papers of any employee are admissible or would be admissible as evidence, any typewritten ...
8.01-414 Affidavit prima facie evidence of nonresidence
In any action, an affidavit that a witness or party resides out of this Commonwealth, or is out of it, shall be prima facie evidence ...
8.01-415 Affidavit evidence of publication
When anything is authorized or required by law to be published in a newspaper, the certificate of the editor, publisher, business manager or assistant business ...
8.01-416 Affidavit re damages to motor vehicle
A. In a civil action in any court, whether sounding in contract or tort, to recover for damages to a motor vehicle in excess of ...
8.01-417 Copies of written statements or transcriptions of verbal statements by injured person to be deliver...
A. Any person who takes from a person who has sustained a personal injury a signed written statement or voice recording of any statement relative ...
8.01-417.1 Use of portions of documents in evidence
To expedite trial proceedings in civil cases, upon appropriate and timely motion by counsel, the court may permit the reading to the jury, or the ...
8.01-418 When plea of guilty or nolo contendere or forfeiture in criminal prosecution or traffic case admiss...
Whenever, in any civil action, it is contended that any party thereto pled guilty or nolo contendere or suffered a forfeiture in a prosecution for ...
8.01-418.1 Evidence of subsequent measures taken not admissible to prove negligence
When, after the occurrence of an event, measures are taken which, if taken prior to the event would have made the event less likely to ...
8.01-418.2 Evidence of polygraph examination inadmissible in any proceeding
The analysis of any polygraph test charts produced during any polygraph examination administered to a party or witness shall not be admissible in any proceeding ...
8.01-418.3 Description unavailable
Repealed by Acts 2007, c. 250, cl. 2. ...
8.01-419 Table of life expectancy
Whenever, in any case not otherwise specifically provided for, it is necessary to establish the expectancy of continued life of any person from any period ...
8.01-419.1 Motor vehicle value
Whenever in any case not otherwise specifically provided for the value of an automobile is in issue, either civilly or criminally, the tabulated retail values ...
8.01-420 Depositions as basis for motion for summary judgment or to strike evidence
No motion for summary judgment or to strike the evidence shall be sustained when based in whole or in part upon any discovery depositions under ...
8.01-420.01 Limiting further disclosure of discoverable materials and information; protective order
A. A protective order issued to prevent disclosure of materials or information related to a personal injury action or action for wrongful death produced in ...
8.01-420.1 Abolition of common-law perpetuation of testimony
The common-law proceeding to perpetuate testimony is abolished. (1977, c. 617.) ...
8.01-420.2 Limitation on use of recorded conversations as evidence
No mechanical recording, electronic or otherwise, of a telephone conversation shall be admitted into evidence in any civil proceeding unless (i) all parties to the ...
8.01-420.3 Court reporters to provide transcripts; when recording may be stopped; use of transcript as evidenc...
Upon the request of any counsel of record, or of any party not represented by counsel, and upon payment of the reasonable cost thereof, the ...
8.01-420.4 Taking of depositions
A. Party Depositions. - A deposition of a party, or any witness designated under Rule 4:5(b)(6) to testify on behalf of a party, shall be ...
8.01-420.5 Estoppel effect of judicial determination of employment status
A final, unappealed order entered by a circuit court of this Commonwealth that a person is or is not an employee of another for the ...
8.01-420.6 Number of witnesses whose depositions may be taken
Notwithstanding any other provision of law or rule of court, there shall be no limit on the number of witnesses whose depositions may be taken ...

Last modified: April 2, 2009