Those Rules set forth below, heretofore adopted and promulgated and now in effect, will be (2020)

NOTE

Those Rules set forth below, heretofore adopted and promulgated and now in effect, will be

amended and restated as as shown below. The purpose of these amendments is to clarify the

meaning of the word “shall” formerly appearing in these Rules and not to change existing law;

as revised, the Rules implement and comply with any statutory mandates addressing these topics.

The Rules will be promulgated in accord with the requirements and timetables of Virginia Code

§ 8.01-3.

The revised portions of the Rules will read as follows:

Rule 1:1. Finality of Judgments, Orders and Decrees.

(a) Expiration of Court’s Jurisdiction. — All final judgments, orders, and decrees,

irrespective of terms of court, remain under the control of the trial court and may be modified,

vacated, or suspended for twenty-one days after the date of entry, and no longer. But

notwithstanding the finality of the judgment, in a criminal case the trial court may postpone

execution of the sentence in order to give the accused an opportunity to apply for a writ of error

and supersedeas; such postponement, however, will not extend the time limits hereinafter

prescribed for applying for a writ of error. The date of entry of any final judgment, order, or

decree is the date it is signed by the judge either on paper or by electronic means in accord with

Rule 1:17.

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Rule 1:1A. Recovery of Appellate Attorney's Fees in Circuit Court.

a) Notwithstanding any provision of Rule 1:1, in any civil action in which an appeal lies

from the circuit court to the Supreme Court and a petition for appeal is denied by the Supreme

Court (and, if a petition for rehearing has been filed pursuant to Rule 5:20, such petition has been

denied), an appellee who has recovered attorneys' fees, costs or both in the circuit court pursuant

to a contract, statute or other applicable law may make application in the circuit court in which

judgment was entered for attorneys' fees, costs or both incurred on appeal. The application must

be filed within thirty (30) days after denial of the petition for appeal or of any petition for

rehearing, whichever is later, and may be made in the same case from which the appeal was

taken, which case will be reinstated on the circuit court docket upon the filing of the application.

The appellee is not required to file a separate suit or action to recover the fees and costs incurred

on appeal, and the circuit court has continuing jurisdiction of the case for the purpose of

adjudicating the application. The circuit court's order granting or refusing the application, in

whole or in part, is a final order for purposes of Rule 1:1.

b) Nothing in this Rule restricts or prohibits the exercise of any other right or remedy for

the recovery of attorneys' fees or costs, by separate suit or action, or otherwise.

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Rule 1:1C. Jurisdictional Transfer During Appeal of Interlocutory Orders.

(a) When a petition for review is filed pursuant to Code § 8.01-626, the appellate court has

exclusive jurisdiction over the appealable interlocutory order and the circuit court retains

jurisdiction over any part of the case that has not been appealed, unless the circuit court or the

appellate court enters an order staying the proceedings in the circuit court.

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(b) In any other appeal of an interlocutory order, the circuit court retains concurrent

jurisdiction over the case unless the circuit court or the appellate court enters an order staying all

or part of the proceedings in the circuit court.

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Rule 1:2. Appeal From Partial Final Judgment in Multi-Party Cases.

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(c) Refusal of Partial Final Judgment. – No appeal will lie from a refusal by the trial

court to enter a Partial Final Judgment under this Rule.

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Rule 1:3. Reporters and Transcripts of Proceedings in Courts.

Reporters must be first duly sworn to take down and transcribe the proceedings faithfully

and accurately to the best of their ability, and are subject to the control and discipline of the

judge.

When a reporter takes down any proceeding in a court, any person interested is entitled to

obtain a transcript of the proceedings or any part thereof upon terms and conditions to be fixed in

each case by the judge.

The proceedings may be taken down by means of any recording device approved by the

judge.

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Rule 1:4. General Provisions as to Pleadings.

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(c) Counsel or an unrepresented party who files a pleading must sign it and state his

address.

(d) Every pleading must state the facts on which the party relies in numbered paragraphs,

and it is sufficient if it clearly informs the opposite party of the true nature of the claim or

defense.

(e) An allegation of fact in a pleading that is not denied by the adverse party's pleading,

when the adverse party is required by these Rules to file such pleading, is deemed to be admitted.

An allegation in a pleading that the party does not know whether a fact exists will be treated as a

denial that the fact exists.

(f) Requirements of pleadings applicable to instruments not under seal apply to instruments

under seal.

(g) Requirements of pleadings applicable to legal defenses apply to equitable defenses.

(h) The clerk must note and attest the filing date on every pleading. In an Electronically

Filed Case, the procedures of Rule 1:17 apply to the notation by the clerk of the date of filing.

(i) The mention in a pleading of an accompanying exhibit, of itself and without more,

makes such exhibit a part of the pleading. Filing of such exhibits is governed by Rule 3:4.

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(l) Every pleading, motion or other paper served or filed must contain at the foot the

Virginia State Bar number, office address and telephone number of the counsel of record

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submitting it, along with any electronic mail (E-mail) address and facsimile number regularly

used for business purposes by such counsel of record.

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Rule 1:5. Counsel and Parties Appearing Without Counsel.

(a) (1) When used in these Rules, the word “counsel” includes a partnership, a professional

corporation or an association of members of the Virginia State Bar practicing under a firm name.

(2) When such firm name is signed to a pleading, notice or brief, the name of at least one

individual member or associate of such firm must be signed to it. Papers filed electronically may

be signed electronically or by inclusion of a digital image of the signature, as provided in Rule

1:17. Signatures to briefs and petitions for rehearing may be printed or typed and need not be in

handwriting.

(3) Service on one member or associate of such firm constitutes service on the firm. Service

is not required to be made on foreign attorneys.

(b) “Counsel of record” includes a counsel or party who has signed a pleading in the case or

who has notified the other parties and the clerk in writing that he or she appears in the case, or

has endorsed a draft order of the court as provided in Rule 1:13.

(c) As required by Code § 8.01-271.1, a party who is not represented by an attorney –

including a person confined in a state or local correctional facility proceeding pro se – must sign

every pleading, motion, or other paper that he or she serves or files, and must state his or her

address.

(d) (1) Counsel of record may not withdraw from or terminate appearances in a case except

by (i) leave of court after notice to the client of the time and place of a motion for leave to

withdraw, or (ii) pursuant to the provisions in subpart (f)(4) of this Rule.

(2) Any order permitting withdrawal must state the name, Virginia State Bar number, office

address and telephone number of the attorney or law firm being substituted as counsel of record

for the party, along with any electronic mail (email) address and any facsimile number regularly

used for business purposes by such counsel; or

(3) if replacement counsel is not being designated at the time of withdrawal by an attorney

or law firm, the order permitting withdrawal must state the address and telephone number of the

formerly represented party for use in subsequent mailings or service of papers and notices, and

the pro se party will be deemed counsel of record.

(e) As required by Code §§ 8.01-319(A) and 16.1-88.03, any party not represented by

counsel who has made an appearance in the case must promptly file with the clerk of the court in

which the action is pending a written statement of his or her place of residence and mailing

address, and must inform the clerk in writing of any changes of residence and mailing address

during the pendency of the action. The clerk and all parties to the action may rely on the last

written statement filed as aforesaid.

(f) Limited Scope Appearance; Notice; Service; Completion or Termination of Appearance.

(1) Notice of Limited Scope Appearance by a Qualified Legal Services Provider. In any

civil court proceeding an attorney may file and serve on all parties a notice of limited-scope

appearance: (A) providing evidence that the attorney is (i) employed by a qualified legal services

provider, as that is defined in Section IV, Paragraph 3(e) of the Rules for Integration of the

Virginia State Bar, Part Six of the Rules of Court (hereafter “QLSP”), or (ii) acting pro bono on a

direct referral from a QLSP; (B) stating that the attorney and the party have a written agreement

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that the attorney will make a limited scope appearance in such action; and (C) specifying the

matters, hearings, or issues on which the attorney will appear for the party.

(2) Limited Scope Appearance by Leave of Court. Any attorney not proceeding under

subpart (f)(1) of this Rule may seek leave of court to make a limited scope appearance in any

civil case. If such leave is granted, the appearance will be governed by the notice requirements of

subparts (f)(1)(B) and (C) of this Rule, the service and unrepresented party provisions of subpart

(f)(3), and the completion or termination provisions of subpart (f)(4).

(3) Service of Papers After Notice. Service of all papers after the filing of a notice of

limited scope appearance as provided in this Rule must be made upon both the attorney making

such limited scope appearance and the party on whose behalf the appearance is made, who will

be considered an unrepresented party.

(4) Completion or Termination of Limited Scope Appearance.

(A) Notice of Completion of Limited Scope Appearance. — An attorney who has

completed the obligations identified in a notice of limited scope appearance must file a notice of

completion of limited scope appearance, providing at least seven (7) days’ notice to the party on

whose behalf the attorney appeared. The notice must be accompanied by a declaration by the

attorney that counsel’s obligations under the limited scope appearance agreement have been

satisfied, and must be (i) endorsed by the party on whose behalf the limited scope appearance

was made, and (ii) served on all counsel and any unrepresented parties. Upon the filing of the

notice of completion of limited scope appearance, the attorney is deemed to have ceased

appearances in the matter.

(B) Termination of Limited Scope Appearance. — If the party on whose behalf the limited

scope appearance was made cannot or will not endorse the notice of completion of limited scope

appearance, the attorney may file a motion to terminate the limited scope appearance, serve it on

all parties, and afford seven days for objection. If an objection is filed, the court may hold a

hearing to determine whether the attorney’s obligations under the notice of limited scope

appearance have been met. If the court finds that the attorney’s obligations under the notice of

limited scope appearance have been met, it must grant the motion to terminate the limited scope

appearance.

(C) Replacement Counsel or the Party Acting Pro Se. — If replacement counsel is not being

designated at the time of the attorney’s completion of limited scope appearance, the notice of

completion of limited scope appearance or order permitting termination of limited scope

appearance must state the address and telephone number of the party on whose behalf the limited

appearance was made for use in subsequent mailings or service of papers and notices, and said

party will be deemed self-represented.

(5) Pilot Project. The provisions of this subpart (f) will remain in effect until December 31,

2021, unless by Order of the Supreme Court operation of these provisions is ended, modified, or

extended; except that any limited scope appearance commenced prior to December 31, 2021,

may be completed in accordance with these provisions.

(6) Local Counsel or Covering Docket Calls. Nothing in this subpart (f) will apply where a

party is represented for all purposes by counsel of record and another attorney appears in lieu of

counsel of record for a particular proceeding or docket call.

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Rule 1:6. Res Judicata Claim Preclusion.

(a) Definition of Cause of Action. A party whose claim for relief arising from identified

conduct, a transaction, or an occurrence, is decided on the merits by a final judgment, is forever

barred from prosecuting any second or subsequent civil action against the same opposing party

or parties on any claim or cause of action that arises from that same conduct, transaction or

occurrence, whether or not the legal theory or rights asserted in the second or subsequent action

were raised in the prior lawsuit, and regardless of the legal elements or the evidence upon which

any claims in the prior proceeding depended, or the particular remedies sought. A claim for relief

pursuant to this rule includes those set forth in a complaint, counterclaim, cross-claim or thirdparty pleading.

(b) Effective Date. This rule applies to all Virginia judgments entered in civil actions

commenced after July 1, 2006.

(c) Exceptions. The provisions of this Rule do not bar a party or a party's insurer from

prosecuting separate personal injury and property damage suits arising out of the same conduct,

transaction or occurrence, and do not bar a party who has pursued mechanic's lien remedies

pursuant to Virginia Code § 43-1 et seq. from prosecuting a subsequent claim against the same or

different defendants for relief not recovered in the prior mechanic's lien proceedings, to the

extent heretofore permitted by law.

(d) Privity. The law of privity as heretofore articulated in case law in the Commonwealth of

Virginia is unaffected by this Rule and remains intact. For purposes of this Rule, party or parties

include all named parties and those in privity.

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Rule 1:7. Computation of Response Dates.

Whenever a party is required or permitted under these Rules, or by direction of the court, to

do an act within a prescribed period of days after service of a paper upon counsel of record,

(a) No days will be added if the paper is served by:

(1) manual delivery no later than 5:00 p.m. by counsel, counsel’s agent or courier, or a

commercial delivery service making same-day delivery;

(2) facsimile transmission completed no later than 5:00 p.m.; or

(3) electronic mail transmitted no later than 5:00 p.m.

(b) One day will be added to the prescribed time if the paper is served by:

(1) placing the paper in the hands of a commercial delivery service before midnight for

next-day delivery, or

(2) completion of the following after 5:00 p.m. but before midnight: (A) manual delivery by

counsel, counsel’s agent or courier, or a commercial delivery service making same-day delivery;

(B) transmission by facsimile; or (C) transmission by electronic mail.

(c) three days will be added to the prescribed time if the paper is served by mail. With

respect to Parts Five and Five A of the Rules, this Rule applies only to the time for filing a brief

in opposition.

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Rule 1:8. Amendments.

No amendments may be made to any pleading after it is filed save by leave of court. Leave

to amend should be liberally granted in furtherance of the ends of justice. Unless otherwise

provided by order of the court in a particular case, any written motion for leave to file an

amended pleading must be accompanied by a properly executed proposed amended pleading, in

a form suitable for filing. If the motion is granted, the amended pleading accompanying the

motion will be deemed filed in the clerk's office as of the date of the court's order permitting

such amendment. If the motion is granted in part, the court may provide for filing an amended

pleading as the court may deem reasonable and proper. Where leave to amend is granted other

than upon a written motion, whether on demurrer or oral motion or otherwise, the amended

pleading must be filed within 21 days after leave to amend is granted or in such time as the court

may prescribe. In granting leave to amend the court may make such provision for notice thereof

and opportunity to make response as the court may deem reasonable and proper.

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Rule 1:9. Discretion of Court.

All steps and procedures in the clerk's office touching the filing of pleadings and the

maturing of suits or actions may be reviewed and corrected by the court.

The time allowed for filing pleadings may be extended by the court in its discretion and such

extension may be granted although the time fixed already has expired; but the time fixed for the

filing of a motion challenging the venue will in no case be extended except to the extent

permitted by § 8.01-264.

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Rule 1:10. Verification.

If a statute requires a pleading to be sworn to, and it is not, or requires a pleading to be

accompanied by an affidavit, and it is not, but contains all the allegations required, objection on

either ground must be made within seven days after the pleading is filed by a motion to strike;

otherwise the objection is waived. At any time before the court passes on the motion or within

such time thereafter as the court may prescribe, the pleading may be sworn to or the affidavit

filed. In an Electronically Filed Case, verification is subject to the provisions of Rule 1:17.

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Rule 1:11. Motion to Strike the Evidence.

If the court sustains a motion to strike the evidence of either party in a civil case being tried

before a jury, or the evidence of the Commonwealth in a criminal case being so tried, then the

court should enter summary judgment or partial summary judgment in conformity with its ruling

on the motion to strike.

If the court overrules a motion to strike the evidence and there is a hung jury, the moving

party may renew the motion immediately after the discharge of the jury, and, if the court is of

opinion that it erred in denying the motion, it should enter summary judgment or partial

summary judgment in conformity with its ruling on the motion to strike.

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Rule 1:12. Service of Papers after the Initial Process.

All pleadings, motions and other papers served after the initial process in an action and not

required to be served otherwise and requests for subpoenas duces tecum must be served by

delivering, dispatching by commercial delivery service for same-day or next-day delivery,

transmitting by facsimile, transmitting by electronic mail when Rule 1:17 so provides or when

consented to in writing signed by the person to be served, or by mailing, a copy to each counsel

of record on or before the day of filing.

Subject to the provisions of Rule 1:17, service pursuant to this Rule is effective upon such

delivery, dispatch, transmission or mailing. Service by electronic mail under this Rule is not

effective if the party making service learns that the attempted service did not reach the person to

be served.

At the foot of such pleadings and requests must be appended either acceptance of service or

a certificate of counsel that copies were served as this Rule requires, showing the date of delivery

and method of service, dispatching, transmitting, or mailing. When service is made by electronic

mail, a certificate of counsel that the document was served by electronic mail must be served by

mail or transmitted by facsimile to each counsel of record on or before the day of service.

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Rule 1:13. Endorsements.

Drafts of orders and decrees must be endorsed by counsel of record, or reasonable notice of

the time and place of presenting such drafts together with copies thereof must be served pursuant

to Rule 1:12 upon all counsel of record who have not endorsed them.

Compliance with this Rule and with Rule 1:12 may be modified or dispensed with by the

court in its discretion. In an Electronically Filed Case, endorsement and specification of any

objections to the draft order may be accomplished as provided in Rule 1:17.

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Rule 1:15. Local Rules of Court.

(a) Whenever a local rule is prescribed by a circuit court it must be spread upon the order

book and a copy with the date of entry must be forthwith posted in the clerk's office, filed with

the Executive Secretary of the Supreme Court, and furnished to attorneys regularly practicing

before that circuit court; and whenever an attorney becomes counsel of record in any proceedings

in a circuit court in which he does not regularly practice, it is his responsibility to ascertain the

rules of that court and abide thereby. The clerk must, upon request, promptly furnish a copy of

all rules then in force and effect.

(b) Whenever a local rule is prescribed by a circuit court providing for the orderly

management of the civil docket by use of the praecipe system, the praecipe must be substantially

in the form appearing in the appendix of forms at the end of this Part One.

(c) Whenever a local rule is prescribed by a circuit court providing for the submission of

instructions prior to trial, such local rule must be substantially in the form appearing in the

appendix of forms at the end of this Part One.

(d) The chief judges of the circuit and juvenile and domestic relations district courts must,

on or before December 31 of each year, furnish the Executive Secretary of the Supreme Court

current general information relating to the management of the courts within each circuit and

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district. This information will be assembled and published electronically by the Executive

Secretary.

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Rule 1:16. Filing Format and Procedure.

(a) Except as provided in Rules 1:17, 3:3, 3A:23, 7A:7(c), and 8:8(f) pertaining to

Electronically Filed Cases,

(1) All pleadings, motions, briefs, depositions, requests for discovery and responses thereto,

and all other documents filed in any clerk's office in any proceeding pursuant to these Rules must

be produced on pages 8 1/2 by 11 inches in size and all typed material must be double spaced

except for quotations.

(2) Subdivision (a)(1) of this Rule does not apply to tables, charts, plats, photographs, and

other material that cannot be reasonably reproduced on paper of that size.

(b) No paper will be refused for failure to comply with the provisions of this Rule, but the

clerk may require that the paper be redone in compliance with this Rule and substituted for the

paper initially filed. Counsel must certify that the substituted paper is identical in content to the

paper initially filed.

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Rule 1:17. Electronic Filing and Service.

(a) Scope of Electronic Filing Rules. Pursuant to § 8.01-271.01 and Article 4.1 (§§ 17.1258.2 et seq.) of Chapter 2 of Title 17.1 of the Code of Virginia, this Rule applies in any court

that has established an electronic filing system under the standards and procedures set forth in

subdivision (c) of this Rule, and applies in civil cases in circuit court as provided in Rule 3:3, in

criminal cases in circuit court as provided in Rule 3A:23, in general district court proceedings as

provided in Rule 7A:7(c), and in juvenile and domestic relations district court proceedings as

provided in Rule 8:8(f).

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(c) System Operational Standards. In addition to the obligations and procedures set forth in

subdivision (d) of this Rule, electronic filing systems under this Rule must meet these

requirements:

(1) Electronic documents must be stored without loss of content or material alteration of

appearance.

(2) Files capable of carrying viruses into court computers must be scanned for viruses prior

to being written to disk in the clerk's office.

(3) The electronic filing system must be capable of securing the document upon receipt so

that it is protected from alteration.

(4) The electronic filing system must be capable of establishing the identity of a sender of a

document by means of a registered user identity and password, or by digitally encrypted

electronic signatures, or by any other means reasonably calculated to ensure identification to a

high degree of certainty.

(5) Remote electronic access to documents submitted in an electronically filed case and

stored electronically will be limited to judges, court personnel, any persons assisting such

persons in the administration of the electronic filing system, and to active members of the

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Virginia State Bar and their authorized agents, who have complied with the registration

requirements to use the electronic filing system.

(6) If the court accepts payment of fees by credit card, debit card, debit account, or

electronic funds transfer, registration for the user identity must include submission of all

information required to effect the payment of fees. Electronic submission of this information will

be deemed a signature by the cardholder sender, authorizing the payment of document filing

fees. This information must be kept confidential. There will be an electronic confirmation from

the clerk of any charge to or the debit from the user's account.

(7) No unauthorized person is permitted access to other court networks, data or applications

unrelated to electronic filing. Administrative access to computer equipment and networks

handling electronic filing will be restricted to designated court employees or authorized

maintenance personnel.

(8) Electronic filing systems must reasonably protect filed documents against system and

security failures and must provide, at a minimum, for daily backup, periodic off-site backup

storage if feasible, and prudent disaster recovery mechanisms.

(d) Electronic Service and Filing Practice and Procedures.

(1) In an Electronically Filed Case, all pleadings, motions, notices and other material filed

with the court must be in the form of Electronic Documents except where otherwise expressly

provided by statute or the Rules of Court, or where the court orders otherwise in an individual

case for good cause shown.

(2) Each attorney admitted to practice in the Commonwealth is entitled to a registered User

ID and password issued by the clerk, or access using any comparable identification system

approved by the Supreme Court, for the electronic filing and retrieval of documents.

(3) The clerk must provide a means, in the courthouse or other designated location, for the

parties, counsel and the public to review and copy electronic records from the electronic file

during normal business hours.

(4) The format for electronically filed material must be the Portable Document Format

(PDF). Notice will be provided if any other format is approved.

(5) (i) Subject to the provisions of subsections (d)(6) and (7) of this Rule, an electronic

document must be filed by following the procedures of the applicable E-Filing Portal, and will be

deemed filed on the date that it is received in the E-Filing Portal without regard to whether the

filing occurred within or outside of standard business hours. If the electronic document is

received in the E-Filing Portal on a Saturday, Sunday, legal holiday, or any day or part of a day

on which the clerk's office is closed as authorized by an act of the General Assembly, then such

document will be deemed filed on the next day that is not a Saturday, Sunday, legal holiday, or

day or part of a day on which the clerk's office is closed.

(ii) Upon electronic filing of a document, an electronic confirmation will be transmitted to

the filing party indicating that the document has been successfully filed through the E-Filing

Portal. In addition, the court to which the document is directed will promptly transmit an

electronic acknowledgement of its receipt of the electronically filed document, specifying the

identity of the receiving court, the date the document was received by the court, and a courtassigned document reference or docketing number.

(6) A person who files a document electronically has the same responsibility as a person

filing a document in paper form to ensure that the document is properly filed, complete, and

readable. However,

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(i) if technical problems at the E-Filing Portal result in a failure to timely file the electronic

document, counsel must provide to the clerk of the court on the next business day all

documentation which exists demonstrating the attempt to file the document through the E-Filing

Portal, any delivery failure notice received in response to the attempt, and a copy of the

document, and

(ii) in the event that the E-Filing Portal was not available due to technical problems during

the last filing hours of a business day, the office of the clerk of the court to which the document

is directed will be deemed to have been closed on that day solely with respect to that attempted

filing and the provisions of Virginia Code § 1-210(B) and (C) will apply to that particular

attempted filing for purposes of computing the last day for performing any act in a judicial

proceeding or the filing of any legal action.

(7) Clerk's notice of defects in a filing; striking documents; court orders.

(i) Incorrect or missing fee. If the clerk of court determines that an electronically filed

document is defective because of an incorrect or missing filing fee, and

(A) if the clerk has been provided by the filing party with a credit or payment account

through which to obtain payment of fees, the clerk must immediately process payment of the

correct fee through such credit or payment account; or

(B) if processing by the clerk of the proper payment through a credit or payment account

authorized by the filing party is not feasible, notice must be sent by the clerk electronically to the

filing party, and all other parties who have appeared in the case.

(ii) Document filed in the wrong case by counsel. If the clerk of court determines prior to

acceptance that an electronic document has been filed by counsel under the wrong case or docket

number, the clerk must notify the filing party as soon as practicable, by notice through the EFiling system, by telephone, or by other effective means.

(iii) A copy of all notices transmitted by the clerk under this subpart (d)(7) must be retained

in the permanent electronic case file maintained by the clerk. A copy of any document stricken

must be retained by the clerk with a designation clearly reflecting that it was stricken and the

date of such striking, as a record of its content and disposition.

(8) The clerk's office must accommodate the submission of non-electronic documents in an

Electronically Filed Case if filing in electronic form cannot, as a practical matter, be achieved.

Such documents must be imaged to facilitate the creation of a single electronic case file to the

extent reasonably possible. An outsized document that is capable of being imaged must be

retained in the form submitted.

(9) When an order is entered, the electronic record will be updated to identify the judge who

directed entry of the order and the date it was entered, and a notification will be sent to counsel

of record that the order has been entered, along with a copy of the order or an electronic link

providing access to such order. If the entry of an order is done on a paper copy of the order, a

digital image of such order will be made a part of the electronic record, and the endorsed original

paper will be retained for the record.

(10) Hyperlinks between two portions of a filed document or between two or more

documents filed in the same case, are permissible, but hyperlinks to other documents, or to

external websites, are prohibited. A hyperlink is not itself a part of the official filed document

and each hyperlink must contain a text reference to the target of the link.

(e) Application of, and Compliance with, Other Rules. In an Electronically Filed Case:

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(1) Unless otherwise agreed by all parties, or ordered by the court in an individual case for

good cause shown, all documents required to be served – after the initial service of process must

be served by electronic transmission. Such service is effective as provided in Rule 1:12 .

(2) Annotation by the clerk as provided in Rule 1:4(h) is not required to be made physically

upon the face of the pleading and – if it is made by a separate document – it must specify the

pleading to which such annotation pertains.

(3) An e-mail address of the counsel of record must be included in the electronic documents

filed as required by Rule 1:4(l).

(4) The approved electronic identification accompanying the document when filed

constitutes that person's signature on the document for purposes of Rule 1:5 and Virginia Code §

8.01-271.1.

(5) The provisions of Article 4.1 (§§ 17.1-258.2 et seq.) of Chapter 2 of Title 17.1 of the

Code of Virginia apply where a document is to be notarized, sworn, attested, verified, or

otherwise certified, or if any sworn signatures, stamps, seals or other authentications relating to

the document are required by any statute or Rule, and an electronic or digitally imaged document

with such accompanying entries must be filed in the clerk's office. Electronic notarization in

compliance with the Virginia Notary Act (§§ 47.1-1 et seq.) may also be employed with the

filing.

(6) An acceptance of service or a certificate of counsel that electronic copies were served as

this Rule requires, showing the date of delivery, must electronically accompany the served

papers and satisfies Rule 1:12.

(7) In compliance with Rule 1:13, drafts of orders, decrees and notices must be served on

each counsel of record. Such service may be by electronic transmission and must make provision

for electronic endorsement by multiple parties where applicable. Objections or other notations by

the parties must be entered upon the drafts so circulated, or appended to such drafts by specific

cross- reference or other unambiguous association. Endorsed drafts must be submitted

electronically whenever possible, and must be accompanied by proof of service or acceptance of

service when required by the rules of court. If there is no practical means of submitting an

electronic or digitally imaged endorsed draft, the manually endorsed document must be filed in

the clerk's office. The clerk must accommodate the imaging of the document into electronic form

and must retain the original endorsed document.

*

*

*

Rule 1:18. Pretrial Scheduling Order.

A. In any civil case the parties, by counsel of record, may agree and submit for approval and

entry by the court a pretrial scheduling order. If the court determines that the submitted order is

not consistent with the efficient and orderly administration of justice, then the court will notify

counsel and provide an opportunity to be heard.

B. In any civil case in which a pretrial scheduling order has not otherwise been entered

pursuant to the court's normal scheduling procedure, the court may, upon request of counsel of

record for any party, or in its own discretion, enter the pretrial scheduling order contained in

Section 3 of the Appendix of Forms at the end of Part I of these Rules (Uniform Pretrial

Scheduling Order). The court will cause copies of the order so entered to forthwith be

transmitted to counsel for all parties. If any party objects to or requests modification of that

order, the court will (a) hold a hearing to rule upon the objection or request or (b) with the

consent of all parties and the approval of the court, enter an amended pretrial scheduling order.

-- 11 --

*

*

*

Rule 1:20. Scheduling Civil Cases for Trial.

The circuit courts of the Commonwealth must adopt one or a combination of the following

procedures for scheduling civil cases for trial.

(a) Counsel of record may agree to a trial date and may secure approval of the court by

telephone call or other electronic communication to the designated court official.

(b) Counsel of record may agree to a trial date as a part of a written plan prepared and

submitted to the court for approval pursuant to Rule 1:18.

(c) The court may, at the request of counsel of record, or may in its own discretion, direct

counsel of record to appear, in person or by telephone, for a conference to set a trial date and

consider other matters set forth in Rule 1:19 or Rule 4:13.

(d) The court may set civil cases for trial at a docket call held on a day as provided by §

17.1-517.

(e) Following the submission of a praecipe, the court may set civil cases for trial at a docket

call held on a day as provided by § 17.1-517.

The Executive Secretary must make accessible these procedures on the Internet.

The clerk of each district and circuit court must make their respective procedures available

in the office of the clerk of that court.

*

*

*

Rule 1:21. Preliminary Voir Dire Information.

At the outset of jury selection in any civil or criminal case, the court must deliver

preliminary instructions that: (1) explain the purpose of the voir dire examination, (2) explain the

difference between peremptory challenges and removals for cause, (3) summarize the nature of

the case, (4) estimate how long the trial may last, and (5) indicate whether it is anticipated that

the jury will be sequestered.

*

*

*

Rule 1:22. Exercise of Challenges to Prospective Jurors.

Counsel must be afforded the opportunity to challenge jurors for cause out of the presence of

the panel.

*

*

*

Rule 1:23. Note Taking by Jurors.

A. The court, in the exercise of its discretion, may permit jurors to take notes during the

trial.

B. If notes are taken by any of the jurors, at the conclusion of each day of a trial, the court

must collect juror notes and provide for their security until the trial resumes. Upon conclusion of

the trial, the court must collect and destroy all juror notes.

*

*

*

-- 12 --

Rule 1:24. Requirements for Court Payment Agreements for the Collection of Fines and

Costs.

The purposes of the statutory court collection process are (i) to facilitate the payment of

fines, court costs, penalties, restitution and other financial responsibilities assessed against

defendants convicted of a criminal offense or traffic infraction, (ii) to collect the monies due to

the Commonwealth and localities as a result of these convictions, and (iii) to assure payment of

court-ordered restitution to victims of crime. To achieve these purposes, this Rule is intended to

ensure that all courts approve deferred and installment payment agreements consistent with §§

19.2-354, 19.2-354.1, and the provisions of this Rule and to further the legal values of

predictability, fairness, and similarity in the collection of fines, court costs, penalties, and

restitution throughout the courts of the Commonwealth.

(a) Definitions. —

(1) “Fines and costs” mean all the fines, court costs, forfeitures, and penalties assessed in all

cases by a single court against a defendant for the commission of crimes or traffic infractions.

“Fines and costs” also include restitution unless the court orders a separate payment schedule for

restitution.

(2) An “installment payment agreement” is an agreement in which the defendant agrees to

make monthly or other periodic payments until the fines and costs are paid in full.

(3) A “deferred payment agreement” is an agreement in which the defendant agrees to pay

the full amount of the fines and costs at the end of the agreement’s stated term and no installment

payments are required.

(4) A “modified deferred payment agreement” is a deferred payment agreement in which

the defendant also agrees to use best efforts to make monthly or other periodic payments.

(b) Access to payment alternatives. — Any defendant who is unable to pay in full fines and

costs for a particular offense within 30 days of conviction, or other disposition authorized by

law, must be offered by the convicting court the opportunity to enter into a deferred payment

agreement, a modified deferred payment agreement or an installment payment agreement to pay

those fines and costs. The court may not deny a defendant the opportunity to enter into a

deferred, modified deferred, or installment payment agreement solely because (i) the defendant

previously defaulted under the terms of a payment agreement, (ii) the fines and costs have been

referred for collection pursuant to § 19.2-349, (iii) a defendant has not established a payment

history, (iv) of the category of offense for which the defendant was convicted or found not

innocent, or (v) of the total amount of all fines and costs.

(c) Notice of payment alternatives. — The court must give the defendant written notice of

deferred, modified deferred, and installment payment agreements and, if a community service

program has been established, the availability of earning credit toward discharge of fines and

costs through the performance of community service work.

(d) Conditions of a payment agreement. — All the fines and costs that a defendant owes for

all cases in any single court may be incorporated into one payment agreement, unless otherwise

ordered by the court in specific cases. A payment agreement may include only those outstanding

fines and costs for which the limitations period set forth in § 19.2-341 has not run.

In determining the length of time to pay under a deferred, modified deferred, or

installment payment agreement and the amount of the payments, a court must take into account

the defendant’s financial resources and obligations, including any fines and costs the defendant

owes in other courts. In assessing the defendant’s ability to pay, the court must use a written

financial statement, on a form developed by the Executive Secretary of the Supreme Court,

-- 13 --

setting forth the defendant's financial resources and obligations or conduct an oral examination

of the defendant to determine his financial resources and obligations. The court may require the

defendant to present a compliance summary prepared by the Department of Motor Vehicles of

the other courts in which the defendant also owes fines and costs.

The length of a payment agreement and the amount of the payments may not be based

solely on the amount of fines and costs and must be reasonable in light of the defendant's

financial resources and obligations.

If a down payment is required to enter into a payment agreement, it should be a minimal

amount to demonstrate the defendant's commitment to paying the fines and costs. In the case of

an installment payment agreement, if the fines and costs owed are $500 or less, the required

down payment may not exceed 10 percent of such amount owed or, if the fines and costs owed

are more than $500, the required down payment may not exceed 5 percent of such amount owed

or $50, whichever is greater. A defendant may choose to make a larger down payment.

Where available, the court may provide community service work as an option to defray

fines and costs, especially when the defendant is indigent or otherwise unable to make

meaningful payments. Any portion of the community service completed should be credited to the

defendant’s obligations. Community service may not be credited against any amount owed as

restitution, the interest which has accrued on restitution, and any collection fee required.

At any time during the duration of a payment agreement, the defendant may request a

modification of the agreement in writing, on a form provided by the Executive Secretary of the

Supreme Court, and the court may grant such modification based on a good faith showing of

need.

(e) Timeliness of payments. — Any payment which is received within 10 days of the date

due is considered timely made.

(f) Combined payment agreements. — The court may offer a payment agreement

combining an appropriate initial period during which no payment of fines and costs is required,

followed by a period of installment payments. Such a combined payment plan may be

appropriate when the defendant is incarcerated, but should not be limited only to these

circumstances.

(g) Re-entry into a payment agreement after default. — A court must consider a request by

a defendant who has defaulted on a payment agreement to enter into a subsequent payment

agreement. In determining whether to approve the request for a subsequent payment agreement,

the court must consider any change in the defendant’s circumstances.

A court must require a down payment to enter into a subsequent payment agreement,

provided that (i) if the fines and costs owed are $500 or less, the required down payment may not

exceed 10 percent of such amount or (ii) if the fines and costs owed are more than $500, the

required down payment may not exceed 5 percent of such amount or $50, whichever is greater.

*

*

*

Form 2. Instructions (Rule 1:15(c)).

Counsel for all parties, unless compliance is waived by the court, must, two days before a

civil jury trial date, submit to the court a copy of all instructions such counsel proposes to request

– in electronic or paper form as directed by the court – and noting thereon the authority or

authorities relied upon for such instructions. Counsel may be required to exchange copies of

proposed instructions. This rule does not preclude the offering of additional instructions at the

trial.

-- 14 --

*

*

*

Form 3. Uniform Pretrial Scheduling Order (Rule 1:18B).

I. Trial

The trial date is ........... (with a jury) (without a jury).

The estimated length of trial is ............

II. Discovery

The parties must complete discovery, including depositions, by 30 days before trial;

however, depositions taken in lieu of live testimony at trial will be permitted until 15 days before

trial. "Complete" means that all interrogatories, requests for production, requests for admissions

and other discovery must be served sufficiently in advance of trial to allow a timely response at

least 30 days before trial. Depositions may be taken after the specified time period by agreement

of counsel of record or for good cause shown, provided however, that the taking of a deposition

after the deadline established herein will not provide a basis for continuance of the trial date or

the scheduling of motions inconsistent with the normal procedures of the court. The parties have

a duty to seasonably supplement and amend discovery responses pursuant to Rule 4:1(e) of the

Rules of Supreme Court of Virginia. Seasonably means as soon as practical. No provision of this

Order supersedes the Rules of Supreme Court of Virginia governing discovery. Any discovery

motion filed must contain a certification that counsel has made a good faith effort to resolve the

matters set forth in the motion with opposing counsel.

III. Designation of Experts

If requested in discovery, plaintiff’s, counter-claimant's, third party plaintiff’s, and crossclaimant’s experts must be identified on or before 90 days before trial. If requested in discovery,

defendant’s and all other opposing experts must be identified on or before 60 days before trial. If

requested in discovery, experts or opinions responsive to new matters raised in the opposing

parties, identification of experts must be designated no later than 45 days before trial. If

requested, all information discoverable under Rule 4:1(b)(4)(A)(i) of the Rules of Supreme Court

of Virginia must be provided or the expert will not ordinarily be permitted to express any

nondisclosed opinions at trial. The foregoing deadlines do not relieve a party of the obligation to

respond to discovery requests within the time periods set forth in the Rules of Supreme Court of

Virginia, including, in particular, the duty to supplement or amend prior responses pursuant to

Rule 4:1(e).

IV. Dispositive Motions

All dispositive motions should be presented to the court for hearing as far in advance of the

trial date as practical. All counsel of record are encouraged to bring on for hearing all demurrers,

special pleas, motions for summary judgment or other dispositive motions not more than 60 days

after being filed.

V. Exhibit and Witness List

Counsel of record must exchange 15 days before trial a list specifically identifying each

exhibit to be introduced at trial, copies of any exhibits not previously supplied in discovery, and

a list of witnesses proposed to be introduced at trial. The lists of exhibits and witnesses must be

filed with the Clerk of the Court simultaneously therewith but the exhibits should not then be

filed. Any exhibit or witness not so identified and filed will not be received in evidence, except

in rebuttal or for impeachment or unless the admission of such exhibit or testimony of the

witness would cause no surprise or prejudice to the opposing party and the failure to list the

exhibit or witness was through inadvertence. Any objections to exhibits or witnesses must state

-- 15 --

the legal reasons therefor except on relevancy grounds, and must be filed with the Clerk of the

Court and a copy delivered to opposing counsel at least five days before trial or the objections

will be deemed waived absent leave of court for good cause shown.

*

*

*

VII. Motions in Limine

Absent leave of court, any motion in limine which requires argument exceeding five minutes

must be duly noticed and heard before the day of trial.

*

*

*

X. Jury Instructions

Counsel of record, unless compliance is waived by the court, must, two business days before

a civil jury trial date, exchange proposed jury instructions. At the commencement of trial,

counsel of record must tender the court the originals of all agreed upon instructions and copies of

all contested instructions with appropriate citations. This requirement does not preclude the

offering of additional instructions at the trial.

XI. Deposition Transcripts to be Used at Trial

Counsel of record must confer and attempt to identify and resolve all issues regarding the

use of depositions at trial. It is the obligation of the proponent of any deposition of any non-party

witness who will not appear at trial to advise opposing counsel of record of counsel's intent to

use all or a portion of the deposition at trial at the earliest reasonable opportunity. Other than trial

depositions taken after completion of discovery under Paragraph II, designations of portions of

non-party depositions, other than for rebuttal or impeachment, must be exchanged no later than

30 days before trial, except for good cause shown or by agreement of counsel. It becomes the

obligation of the non-designating parties of any such designated deposition to file any objection

or counter-designation within seven days after the proponent’s designation. Further, it becomes

the obligation of the non-designating parties to bring any objections or other unresolved issues to

the court for hearing no later than 5 days before the day of trial.

*

*

*

3-A. Alternate Uniform Pretrial Scheduling Order For Use in Eminent Domain

Proceedings (Rule 1:18B).

I. Trial

The trial date is scheduled for , commencing at _ a.m., before a freeholder jury, _

panel of commissioners or bench trial (select applicable option). The estimated length

of trial is

days. If the case is set before a panel of commissioners, each party must submit

nominations of at least six (6) qualified persons on or before

so that at least nine (9)

commissioners and two (2) alternates can be summoned for trial. Counsel for petitioner must

prepare and submit a sketch order for the court’s use in appointing and summoning

commissioners for trial.

II. Discovery

The parties must complete discovery, including depositions, by 30 days before trial;

however, depositions taken in lieu of live testimony at trial will be permitted until 15 days before

trial. “Complete” means that all interrogatories, requests for production, requests for admissions

and other discovery must be served sufficiently in advance of trial to allow a timely response at

least 30 days before trial. Depositions may be taken after the specified time period by agreement

of counsel of record or for good cause shown, provided however, that the taking of a deposition

-- 16 --

after the deadline established herein will not provide a basis for continuance of the trial date or

the scheduling of motions inconsistent with the normal procedures of the court. The parties have

a duty to seasonably supplement and amend discovery responses pursuant to Rule 4:1(e) of the

Rules of Supreme Court of Virginia. Seasonably means as soon as practical. No provision of this

Order supersedes the Rules of Supreme Court of Virginia governing discovery. Any discovery

motion filed must contain a certification that counsel has made a good faith effort to resolve the

matters set forth in the motion with opposing counsel.

III. Designation of Experts

If requested in discovery, petitioner’s experts must be identified on or before 120 days

before trial. If requested in discovery, defendant’s and all other opposing experts must be

identified on or before 90 days before trial. If requested in discovery, experts or opinions

responsive to new matters raised in the opposing parties’ identification of experts must be

designated no later than 60 days before trial. If requested, all information discoverable under

Rule 4:1(b)(4)(A)(i) of the Rules of Supreme Court of Virginia must be provided. An expert will

not ordinarily be permitted to express any nondisclosed opinions at trial. The foregoing deadlines

will not relieve a party of the obligation to respond to discovery requests within the time periods

set forth in the Rules of Supreme Court of Virginia, including, in particular, the duty to

supplement or amend prior responses pursuant to Rule 4:1(e).

IV. Dispositive Motions

All dispositive motions must be presented to the court for hearing as far in advance of the

trial date as practical. All counsel of record are encouraged to bring on for hearing all demurrers,

special pleas, motions for summary judgment or other dispositive motions not more than 60 days

after being filed.

V. Exhibit and Witness List

Counsel of record must exchange 15 days before trial a list specifically identifying each

exhibit to be introduced at trial, copies of any exhibits not previously supplied in discovery, and

a list of witnesses proposed to be introduced at trial. The lists of exhibits and witnesses must be

filed with the Clerk of the Court simultaneously therewith but the exhibits should not then be

filed. Any exhibit or witness not so identified and filed will not be received in evidence, except

in rebuttal or for impeachment or unless the admission of such exhibit or testimony of the

witness would cause no surprise or prejudice to the opposing party and the failure to list the

exhibit or witness was through inadvertence. Any objections to exhibits or witnesses must state

the legal reasons therefor except on relevancy grounds, and must be filed with the Clerk of the

Court and a copy delivered to opposing counsel at least five days before trial or the objections

will be deemed waived absent leave of court for good cause shown.

VI. Pretrial Conferences

Pursuant to Rule 4:13 of the Rules of Supreme Court of Virginia, when requested by any

party or upon its own motion, the court may order a pretrial conference wherein motions in

limine, settlement discussions or other pretrial motions which may aid in the disposition of this

action can be heard.

VII. Motions in Limine

Absent leave of court, any motion in limine which requires argument exceeding five minutes

must be duly noticed and heard before the day of trial.

VIII. Witness Subpoenas

Early filing of a request for witness subpoenas is encouraged so that such subpoenas may be

served at least 10 days before trial.

-- 17 --

IX. Continuances

Continuances will only be granted by the court for good cause shown.

X. Instructions

Counsel of record must, two business days before trial, exchange proposed instructions. Any

instructions from VMJI may be identified by instruction number. Counsel for petitioner must

prepare and have available at the commencement of trial the originals of all agreed upon

instructions. Each party may also submit originals and copies of all contested instructions with

appropriate citations. This requirement will not preclude the offering of additional instructions at

the trial.

XI. Deposition Transcripts to be Used at Trial

Counsel of record must confer and attempt to identify and resolve all issues regarding the

use of depositions at trial. It is the obligation of the proponent of any deposition of any non-party

witness who will not appear at trial to advise opposing counsel of record of counsel's intent to

use all or a portion of the deposition at trial at the earliest reasonable opportunity. Other than trial

depositions taken after completion of discovery under Paragraph II, designations of portions of

non-party depositions, other than for rebuttal or impeachment, must be exchanged no later than

15 days before trial, except for good cause shown or by agreement of counsel. It becomes the

obligation of the opponent of any such deposition to bring any objection or other unresolved

issues to the court for hearing before the day of trial, and to counter-designate any additional

portions of designated depositions at least 5 days before such hearing.

XII. Transportation Arrangements

Counsel for petitioner is responsible for contacting the Sheriff’s Department in advance of

trial to assure that arrangements are in place to transport the commissioners/jury to and from the

subject property.

*

*

*

Regulations Governing Applications for Admission to Virginia Bar Pursuant to Rule of

the Supreme Court of Virginia 1A:1, effective December 1, 2018.

INTRODUCTION

*

*

*

In addition to admission to the Bar by examination, the Supreme Court of Virginia, in its

discretion under Code § 54.1-3931, has determined that a person who has been admitted to

practice law before the court of last resort of a state or territory of the United States or of the

District of Columbia for a minimum of five years, who has been admitted to the bar of a

Reciprocal Jurisdiction, hereinafter defined, and who has been engaged in the lawful practice of

law on a full-time basis for at least three of the immediately preceding five years, may seek to

demonstrate that he or she has made such progress in the practice of law that it would be

unreasonable to require the person to take an examination to demonstrate current minimum

competency. In other words, an applicant's experience in the practice of law may, at the

discretion of the Court, be accepted as adequate evidence of current minimum competency in

lieu of the bar examination. For purposes of admission without examination, “full-time” means

practicing law for a minimum of 32 hours per week.

*

*

*

-- 18 --

THRESHOLD REQUIREMENTS

1. Reciprocity. The Board will consider an application for admission without examination

only from a person who has been admitted to practice before the court of last resort of a

jurisdiction (i.e., a state or territory of the United States, or the District of Columbia) that permits

lawyers licensed in Virginia to be admitted to practice without examination in such jurisdiction

(a "Reciprocal Jurisdiction"). The purpose of the reciprocity requirement is to encourage other

jurisdictions to grant the same privilege to Virginia lawyers.

2. Minimum Period of Bar Admission. Before being eligible to apply for admission without

examination, the applicant must have been admitted to practice law before the court of last resort

of a state or territory of the United States, or of the District of Columbia, for at least five (5)

years.

3. Requirement of Minimum Current Practice. An applicant may apply for admission

without examination only if the applicant has been engaged in the full-time practice of law for at

least three (3) of the last five (5) years immediately preceding his or her application for

admission to the Virginia Bar. Except as provided in Threshold Requirement 4 below, the

applicant must have been licensed to engage in the practice of law in the jurisdiction where such

practice occurred. Practice from an office located in a foreign country will not be accepted as

qualifying practice. Persons holding a Virginia Corporate Counsel Certificate under Part I of

Rule 1A:5 may receive credit as provided in such Rule.

4. Practice of law. For purposes of admission without examination, "practice of law"

ordinarily means (i) private practice as a sole practitioner or for a law firm, legal services office,

legal clinic, or similar entity; (ii) practice as an attorney for a corporation, limited liability

company, partnership, trust, individual or other entity, provided such practice involved the

primary duties of furnishing legal counsel, drafting legal documents and pleadings, interpreting

and giving advice regarding the law, and preparing, trying or presenting cases before courts or

administrative agencies; (iii) practice as an attorney for the federal or a state or local government

with the same primary duties as described above regarding attorneys for a corporation; (iv)

employment as a judge for the federal or a state government; (v) service as a judicial law clerk

for a state or federal court; or (vi) service on active duty in a branch of the armed forces of the

United States as a judge advocate or law specialist, as those terms are defined in the Uniform

Code of Military Justice, 10 U.S.C. § 801, as amended, provided that such position requires a

valid license to practice law and involves the same primary duties as described above regarding

attorneys for a corporation. With the exception of the positions described in (iv) and (v) above,

qualifying law practice must have involved an attorney-client relationship and, with the

exception of the positions described in (iv), (v) and (vi) above, must have occurred subsequent to

having been issued a license to engage in the practice of law in the jurisdiction where the law

practice was conducted, unless the applicant establishes, by satisfactory evidence, that such

practice is permitted by statute, rule, court order, or by written confirmation from the admitting

or disciplinary authority of the jurisdiction where the practice occurred. The applicant must

demonstrate that he or she meets the practice of law requirement to the satisfaction of the Board.

The Board may require the applicant to produce substantiating evidence which may include, but

is not limited to, a detailed description of legal services provided, letters from clients and/or

opposing counsel, certification of a judge, samples of work product, and detailed time records. In

addition, the Board may require the applicant to appear personally before the Board and furnish

such additional information as may be required. For purposes of admission without examination,

“practice of law” ordinarily does not mean document review work.

*

*

*

-- 19 --

ASSESSMENT OF FITNESS AND PROGRESS

If an applicant provides satisfactory evidence that he or she meets all of the above threshold

requirements, the Board will thereafter determine from the evidence provided by the applicant

and the results of any investigation conducted by the Board or its designee whether such

applicant (i) is a person of honest demeanor and good moral character and possesses the requisite

fitness to perform the obligations and responsibilities of a practicing attorney, and (ii) has made

such progress in the practice of law that it would be unreasonable to require the applicant to take

an examination to demonstrate current minimum competency. The applicant has the burden to

prove by clear and convincing evidence that he or she is a person of honest demeanor and good

moral character and possesses the requisite fitness to perform the obligations and responsibilities

of a practicing attorney and thus is a proper person to practice law in Virginia. If an applicant

fails to answer any question on the Character and Fitness Questionnaire or which is otherwise

propounded by the Board, or to supply any requested documentary material, the Board may find

that the applicant has not met the burden of proving his or her good moral character.

*

*

*

The Board will determine whether the present character and fitness of an applicant qualifies

the applicant for admission to the practice of law. In making this determination, the following

factors will be considered in assigning weight and significance to the applicant's prior conduct:

i. age of the applicant at the time of the conduct;

ii. recency of the conduct;

iii. reliability of the information concerning the conduct;

iv. seriousness of the conduct;

v. factors underlying the conduct;

vi. cumulative effect of the conduct or information;

vii. evidence of rehabilitation;

viii. positive social contributions of the applicant since the conduct;

ix. candor of the applicant in the admissions process; and

x. materiality of any omissions or misrepresentations.

*

*

*

Rule 1A:1. Admission to Practice in This Commonwealth Without Examination

(a) Reciprocity — Any person who has been admitted to practice law before the court of

last resort of any state or territory of the United States or of the District of Columbia may file an

application to be admitted to practice law in this Commonwealth without examination, if counsel

licensed to practice law in this Commonwealth may be admitted in that jurisdiction without

examination.

(b) Application — An applicant for admission to practice law without examination in this

Commonwealth must:

(1) File with the Secretary of the Virginia Board of Bar Examiners (the Board) an

application under oath on a form furnished by the Board;

(2) Furnish a certificate, signed by the presiding judge of the court of last resort or other

proper official for every jurisdiction in which the applicant is or has been licensed to practice

law, stating:

(i) that the applicant is in good standing, and if not the reasons why;

-- 20 --

(ii) the length of time the applicant has been or was licensed in that jurisdiction; and

(iii) any restriction or condition placed on the applicant's license to practice law in that

jurisdiction.

(3) Certify in writing under oath that the applicant has completed 12 hours of instruction

approved by the Virginia Continuing Legal Education Board on Virginia substantive and/or

procedural law within the preceding six-month period;

(4) Certify in writing under oath that the applicant has read and is familiar with the Virginia

Rules of Professional Conduct;

(5) Complete the Applicant's Character and Fitness Questionnaire and furnish a report of

the National Conference of Bar Examiners, or such other report as the Board may require,

concerning the applicant's past practice and record, and pay the fee for such report; and

(6) Pay such filing fee as may be fixed from time to time by the Board.

(c) Board Review — Upon receipt of a completed application, the Board will determine in

accordance with the regulations issued by the Supreme Court of Virginia whether the applicant

has established by satisfactory evidence that he or she:

(1) Is a proper person to practice law; and

(2) Pursuant to Code § 54.1-3931, has been admitted to practice law before the court of last

resort of any state or territory of the United States or of the District of Columbia for at least five

years; and

(3) Has practiced law for at least three of the immediately preceding five years and has

made such progress in the practice of law that it would be unreasonable to require the applicant

to take an examination. The Board may require the applicant to appear personally before the

Board, the Character and Fitness Committee (the Committee) of the Board, or a member of

either the Board or the Committee, and furnish any such additional information as may be

required. If the applicant's license to practice law in any other jurisdiction is subject to any

restriction or condition, the Board will determine whether the nature of such restriction or

condition is inconsistent with the practice of law and, if so, will deny the application. If the

Board determines that the applicant is qualified to be admitted to the practice of law in this

Commonwealth without examination, the Board will approve the application and notify the

applicant of its decision.

(d) Admission — Upon notification by the Board that the applicant's application has been

approved, the applicant may be issued a certificate, pursuant to Code § 54.1-3931, to practice

law in this Commonwealth if:

(1) A member of the Virginia State Bar who is qualified to practice before the Supreme

Court moves the applicant's admission to practice law in this Commonwealth in open court;

(2) The motion is granted; and

(3) The applicant takes and subscribes to the oaths required of attorneys at law.

(e) Active Membership — Upon payment of applicable dues, and completion of other

membership obligations set forth in Part 6, Section IV of the Rules of the Supreme Court of

Virginia, the applicant will become an active member of the Virginia State Bar. An attorney

admitted pursuant to the Rule is subject to the same membership obligations as other active

members of the Virginia State Bar, and all legal services provided in Virginia by an attorney

admitted pursuant to this Rule will be deemed the practice of law and will subject the attorney to

all rules governing the practice of law in Virginia, including the Virginia Rules of Professional

Conduct. The rules set forth in Part 6, Section IV, governing how members may change their

-- 21 --

status to associate, judicial, disabled, retired or emeritus, apply to attorneys admitted pursuant to

this Rule.

(f) An attorney admitted to practice law in this Commonwealth without examination under

prior versions of this Rule is no longer subject to the requirement that he or she intends to

practice law full time as a member of the Virginia State Bar.

*

*

*

Rule 1A:2. Foreign Patent and Trademark Attorneys - When Admitted to Practice in the

Courts of This State Limited to Patent and Trademark Law Without Examination.

No lawyer admitted to practice limited to patent and trademark law as defined in § 54.13901(A) prior to July 1, 2000, pursuant to this Rule 1A:2 prior to July 1, 2000, may hold himself

or herself out as authorized to practice law generally in this Commonwealth.

*

*

*

Rule 1A:4. Out-of-State Lawyers - When Allowed by Comity to Participate in a Case Pro

Hac Vice.

1. Introduction. A lawyer who is not a member of the Virginia State Bar, but is currently

licensed and authorized to practice law in another state, territory, or possession of the United

States of America (hereinafter called an "out-of-state lawyer") may apply to appear as counsel

pro hac vice in a particular case before any court, board or administrative agency (hereinafter

called "tribunal") in the Commonwealth of Virginia upon compliance with this rule.

2. Association of Local Counsel. No out-of-state lawyer may appear pro hac vice before any

tribunal in Virginia unless the out-of-state lawyer has first associated in that case with a lawyer

who is an active member in good standing of the Virginia State Bar (hereinafter called "local

counsel"). The name of local counsel must appear on all notices, orders, pleadings, and other

documents filed in the case. Local counsel must personally appear and participate in pretrial

conferences, hearings, trials, or other proceedings actually conducted before the tribunal. Local

counsel associating with an out-of-state lawyer in a particular case must accept joint

responsibility with the out-of-state lawyer to the client, other parties, witnesses, other counsel

and to the tribunal in that particular case. Any pleading or other paper required to be served

(whether relating to discovery or otherwise) is invalid unless it is signed by local counsel. The

tribunal in which such case is pending has full authority to deal with local counsel exclusively in

all matters connected with the pending case. If it becomes necessary to serve notice or process in

the case, any notice or process served upon local counsel is valid as if served on the out-of-state

lawyer.

3. Procedure for applying. Appearance pro hac vice in a case is subject to the discretion and

approval of the tribunal where such case is pending. An out-of-state lawyer desiring to appear

pro hac vice under this rule must comply with the procedures set forth herein for each case in

which pro hac vice status is requested. For good cause shown, a tribunal may permit an out-ofstate lawyer to appear pro hac vice on a temporary basis prior to completion by the out-of-state

lawyer of the application procedures set forth herein. At the time such temporary admission is

granted, the tribunal will specify a time limit within which the out-of-state lawyer must complete

the application procedures, and any temporary pro hac vice admission is deemed revoked in the

event the out-of-state lawyer fails to complete the application procedure within the time limit.

(a) Notarized Application. In order to appear pro hac vice as counsel in any matter pending

before a tribunal in the Commonwealth of Virginia, an out-of- state lawyer must deliver to local

-- 22 --

counsel to file with the tribunal an original notarized application and a non-refundable

application fee of $250.00 payable to the Clerk of the Supreme Court. Pro hac vice counsel must

submit a notarized application with the non-refundable application fee of $250.00 for each

separate case before a tribunal. The fee must be paid to the Clerk of the Supreme Court of

Virginia. The tribunal must file a copy of the notarized application, as well order granting pro

hac vice admission in the case and the $250.00 fee, with the Clerk of the Supreme Court of

Virginia. Original, notarized applications and orders granting, denying or revoking applications

to appear pro hac vice must be retained in a separate file containing all applications. The clerk of

the tribunal must maintain the application for a period of three years after completion of the case

and all appeals.

(b) Motion to associate counsel pro hac vice. Local counsel must file a motion to associate

the out-of-state lawyer as counsel pro hac vice with the tribunal where the case is pending,

together with proof of service on all parties in accordance with the Rules of the Supreme Court

of Virginia. The motion of local counsel must be accompanied by: (1) the original, notarized

application of the out-of-state lawyer; (2) a proposed order granting or denying the motion; and

(3) the required application fee.

(c) Entry of Order. The order granting or denying the motion to associate counsel pro hac

vice must be entered by the tribunal promptly and a copy of the order must be forwarded to the

Clerk of the Supreme Court. An out-of-state lawyer may make no appearance in a case until the

tribunal where the case is pending enters the order granting the motion to associate counsel pro

hac vice unless temporary admission has been approved pursuant to this rule. The order granting

pro hac vice status is valid until the case is concluded in the courts of this Commonwealth or a

court revokes the pro hac vice admission.

4. Notarized Application. The notarized application required by this rule must be on a form

approved by the Supreme Court of Virginia and available at the office of the clerk of the tribunal

where the case is pending.

5. Discretion and Limitation on Number of Matters. The grant or denial of a motion

pursuant to this rule by the tribunal is discretionary. The tribunal should deny the motion if the

out-of-state lawyer has been previously admitted pro hac vice before any tribunal or tribunals in

Virginia in twelve (12) cases within the last twelve (12) months preceding the date of the current

application. In the enforcement of this limitation, the tribunal may consider whether the pending

case is a related or consolidated matter for which the out-of-state lawyer has previously applied

to appear pro hac vice. Before ruling on a pro hac vice motion, the tribunal will verify with the

Supreme Court of Virginia the number of cases during the preceding twelve (12) months in

which the out-of-state lawyer was admitted in Virginia pro hac vice.

6. Transfer of Venue and Appeal. The out-of-state lawyer's pro hac vice admission will be

deemed to continue in the event the venue in the case or proceeding is transferred to another

tribunal or is appealed; provided, however, that the tribunal having jurisdiction over such

transferred or appealed case has the discretion to revoke the authority of the out-of-state lawyer

to appear pro hac vice.

7. Duty to Report Status. An out-of-state lawyer admitted pro hac vice has a continuing

obligation during the period of such admission to advise the tribunal promptly of any disposition

made of pending disciplinary charges or the institution of any new disciplinary proceedings or

investigations. The tribunal must advise the Clerk of the Supreme Court of Virginia if the

tribunal denies or revokes the out-of-state lawyer's permission to appear pro hac vice.

8. Record-keeping. The Clerk of the Supreme Court of Virginia will maintain an electronic

database necessary for the administration and enforcement of this rule.

-- 23 --

9. Disciplinary Jurisdiction of the Virginia State Bar. An out-of-state lawyer admitted pro

hac vice pursuant to this rule is subject to the jurisdiction of all tribunals and agencies of the

Commonwealth of Virginia, and the Virginia State Bar, with respect to the laws and rules of

Virginia governing the conduct and discipline of out-of- state lawyers to the same extent as an

active member of the Virginia State Bar. An applicant or out-of-state lawyer admitted pro hac

vice may be disciplined in the same manner as a member of the Virginia State Bar.

*

*

*

Rule 1A:5. Virginia Corporate Counsel & Corporate Counsel Registrants.

Introduction

Notwithstanding any rule of this Court to the contrary, any person employed in Virginia as

a lawyer exclusively for a for-profit or a non-profit corporation, association, or other business

entity, including its subsidiaries and affiliates, that is not a government entity, and the business of

which consists solely of lawful activities other than the practice of law or the provisions of legal

services (“Employer”), for the primary purpose of providing legal services to such Employer,

including one who holds himself or herself out as “in-house counsel,” “corporate counsel,”

“general counsel,” or other similar title indicating that he or she is serving as legal counsel to

such Employer, must either (i) be a regularly admitted active member of the Virginia State Bar;

(ii) be issued a Corporate Counsel Certificate as provided in Part I of this rule and thereby

become an active member of the Virginia State Bar with his or her practice limited as provided

therein; or (iii) register with the Virginia State Bar as provided in Part II of this rule; provided,

however, no person who is or has been a member of the Virginia State Bar, and whose Virginia

License, at the time of application, is revoked or suspended, may be issued a Corporate Counsel

Certificate or permitted to register under this Rule.

Part I

Virginia Corporate Counsel

(a) A lawyer admitted to the practice of law in a state (other than Virginia), or territory of

the United States, or the District of Columbia may apply to the Virginia Board of Bar Examiners

(“Board”) for a certificate as a Virginia Corporate Counsel (“Corporate Counsel Certificate”) to

practice law as in-house counsel in this state when he or she is employed by an Employer in

Virginia.

(b) Required Evidence. Each applicant for a Corporate Counsel Certificate must file with

the Secretary of the Board an application under oath on a form furnished by the Board and must

submit evidence satisfactory to the Board that he or she:

*

*

*

(8) has filed an affidavit, upon a form furnished by the Board, from an officer of the

applicant’s Employer attesting to the fact that the applicant is employed as legal counsel to

provide legal services exclusively to the Employer, including its subsidiaries and affiliates; that

the nature of the applicant’s employment conforms to the requirements of Part I of this rule; and

that the Employer must notify the Virginia State Bar immediately upon the termination of the

applicant’s employment.

(c) Provisional Certificate. During the period in which an application for a Corporate

Counsel Certificate is pending with the Board until the applicant is notified that either (i) his or

her application is rejected; or (ii) he or she is eligible to practice pursuant to Part I of this rule,

the applicant may be employed in Virginia as Certified Corporate Counsel on a provisional basis

by an Employer furnishing the affidavit required by Part I(b)(8) of this rule.

-- 24 --

(d) Admission. Upon a finding by the Board that the applicant has complied with the

requirements of Part I(b) of this rule, the Board will notify the applicant that he or she is eligible

to be issued a Corporate Counsel Certificate. After the applicant has taken and subscribed to the

oath required of attorneys at law, the applicant will be issued a Corporate Counsel Certificate,

which permits the applicant to practice law in Virginia solely as provided in Part I(e) of this rule.

The applicant may take the required oath by appearing before the Justices of the Supreme Court

of Virginia in Richmond at an appointed date and time.

(e) Scope. The practice of a lawyer certified pursuant to Part I of this rule is limited to

practice exclusively for the Employer furnishing the affidavit required by Part I(b)(8) of this rule,

including its subsidiaries and affiliates, and may include appearing before a Virginia court or

tribunal as counsel for the Employer. Except as specifically authorized under Part I(f), no lawyer

certified pursuant to Part I of this rule may (i) undertake to represent any person other than his or

her Employer before a Virginia court or tribunal; (ii) offer or provide legal services to any person

other than his or her Employer; (iii) undertake to provide legal services to any other person

through his or her Employer; or (iv) hold himself or herself out to be authorized to provide legal

services or advice to any person other than his or her Employer.

(f) Pro Bono Service. Notwithstanding the restrictions set out in Part I(e) on the scope of

practice, a lawyer certified pursuant to Part I of this rule may, and is encouraged to, provide

voluntary pro bono publico services in accordance with Rule 6.1 of the Virginia Rules of

Professional Conduct.

(g) Rights and Obligations. A lawyer issued a Corporate Counsel Certificate immediately

becomes an active member of the Virginia State Bar, with his or her practice limited as provided

in Part I(e) of this rule, and must pay to the Virginia State Bar the annual dues required of

regularly admitted active members of the Virginia State Bar.

(1) All legal services provided in Virginia by a lawyer certified pursuant to Part I of this rule

is deemed the practice of law in Virginia and subjects the lawyer to all rules governing the

practice of law in Virginia, including the Virginia Rules of Professional Conduct and Part 6,

Section IV, Paragraph 13 of the Rules of the Supreme Court of Virginia. Jurisdiction of the

Virginia State Bar continues whether or not the lawyer retains the Corporate Counsel Certificate

and irrespective of the lawyer’s presence in Virginia.

(2) A lawyer certified pursuant to Part I of this rule is subject to the same membership

obligations as other active members of the Virginia State Bar, including Mandatory Continuing

Legal Education requirements. A lawyer certified pursuant to Part I of this rule must use as his or

her address of record with the Virginia State Bar a business address in Virginia of the Employer

furnishing the affidavit required by Part I(b)(8) of this rule.

(3) A lawyer certified pursuant to Part I of this rule must promptly report to the Virginia

State Bar any change in employment, any change in bar membership status in any state, territory

of the United States or the District of Columbia in which the lawyer has been admitted to the

practice of law, or the imposition of any disciplinary sanction in a state, territory of the United

States or the District of Columbia or by any federal court or agency before which the lawyer has

been admitted to practice.

(4) The period of time a lawyer practices law under a Corporate Counsel Certificate issued

pursuant to Part I of this rule will be considered in determining whether the lawyer has fulfilled

the active practice of law requirement for admission to practice law in Virginia without

examination pursuant to Rule 1A:1 and any guidelines approved by the Supreme Court of

Virginia for review of applications for admission without examination.

-- 25 --

(h) Termination. A lawyer’s authority to practice law which may be permitted pursuant to

Part I of this rule will be automatically suspended when (i) employment by the Employer

furnishing the affidavit required by Part I(b)(8) of this rule is terminated, (ii) the lawyer fails to

comply with any provision of Part I of this rule, or (iii) when the lawyer is suspended or

disbarred for disciplinary reasons in any state, territory of the United States or the District of

Columbia or by any federal court or agency before which the lawyer has been admitted to

practice. Any lawyer whose authority to practice is suspended pursuant to (i) above may be

reinstated upon evidence satisfactory to the Virginia State Bar that the lawyer is in full

compliance with the requirements of Part I of this rule, which evidence must include an affidavit

furnished by the lawyer’s new Employer. Any lawyer whose authority to practice is suspended

pursuant to (ii) above may be reinstated by compliance with applicable provisions of Part 6,

Section IV, Paragraph 19 of the Rules of the Supreme Court of Virginia. Any lawyer whose

authority to practice is suspended or terminated under (iii) above may petition for reinstatement

pursuant to Part 6, Section IV, Paragraph 13-25 of the Rules of the Supreme Court of Virginia.

(i) No time spent as Corporate Counsel Registrant will be considered in determining

eligibility for admission to the Virginia Bar without examination.

(j) The Board and the Virginia State Bar may adopt regulations as needed to implement the

requirements of Part I of this rule.

*

*

*

Part II

Corporate Counsel Registrants

*

*

*

(b) A registrant must:

(1) Register with the Virginia State Bar upon a form, under oath, furnished by the Virginia

State Bar, which must include affirmations that (i) he or she will at no time undertake to

represent his or her Employer or any other person, organization or business entity before a

Virginia court or tribunal except as permitted pursuant to Rule 1A:4 of this Court, (ii) his or her

work is limited to business and legal services related to issues confronting his or her Employer at

a regional, national or international level with no specific nexus to Virginia, and (iii) he or she will

not provide legal advice or services to any person other than his or her Employer.

(2) Furnish a certificate, signed by the presiding judge of the court of last resort of a

jurisdiction in which the registrant is admitted to practice law, stating that the registrant is

licensed to practice law and is an active member in good standing of the bar of such jurisdiction.

(3) File an affidavit, upon a form furnished by the Virginia State Bar, from an officer of the

registrant's Employer attesting to the fact that the registrant is employed as legal counsel to

provide legal services exclusively to the Employer, including its subsidiaries and affiliates; that

the nature of the registrant's employment conforms to the requirements of Part II of this rule; and

that the Employer will notify the Virginia State Bar immediately upon the termination of the

registrant's employment.

*

*

*

(d) Upon completion of the requirements of Part II(b) of this rule, the registrant will

immediately be recorded by the Virginia State Bar as a Corporate Counsel Registrant. Each

registrant must pay to the Virginia State Bar the annual dues required of regularly admitted

active members of the Virginia State Bar. No lawyer registered pursuant to Part II of this rule

may (i) undertake to represent his or her Employer or any other person or entity before a Virginia

court or tribunal except as permitted for lawyers licensed and in good standing in another United

-- 26 --

States jurisdiction pursuant to Rule 1A:4 of this Court; (ii) offer or provide legal services to any

person other than his or her Employer; (iii) undertake to provide legal services to another

through his or her Employer; or (iv) hold himself or herself out to be authorized to provide legal

services or advice to any person other than his or her Employer.

(e) The provision of legal services to his or her Employer by a lawyer registered pursuant to

Part II of this rule is deemed the practice of law in Virginia only for purposes of subjecting the

lawyer to the Virginia Rules of Professional Conduct; the jurisdiction of the disciplinary system

of the Virginia State Bar; and Part 6, Section IV, Paragraph 13 of the Rules of the Supreme Court

of Virginia. Jurisdiction of the Virginia State Bar will continue whether or not the lawyer

maintains the registration and irrespective of the lawyer's presence in Virginia.

(f) A lawyer registered pursuant to Part II of this rule must use as his or her address of

record with the Virginia State Bar a business address in Virginia of the Employer furnishing the

affidavit required by Part II(b)(3) of this rule.

(g) A lawyer registered pursuant to Part II of this rule must promptly report to the Virginia

State Bar any change in employment, any change in bar membership status in any state, territory

of the United States, the District of Columbia, or other country in which the lawyer has been

admitted to the practice of law, or the imposition of any disciplinary sanction in a state, territory

of the United States, the District of Columbia, or other country, or by any federal court or agency

before which the lawyer has been admitted to practice.

(h)

A lawyer’s authority to provide legal services which may be permitted pursuant to

Part II of this rule will be automatically suspended when (i) employment by the Employer

furnishing the affidavit required by Part II(b)(3) of this rule is terminated, (ii) the lawyer fails to

comply with any provision of Part II of this rule, or (iii) the lawyer is suspended or disbarred for

disciplinary reasons in any state, territory of the United States, the District of Columbia, other

country, or by any federal court or agency before which the lawyer has been admitted to practice.

Any lawyer whose authority to practice is suspended pursuant to (i) above may be reinstated

upon evidence satisfactory to the Virginia State Bar that the lawyer is in full compliance with the

requirements of Part II of this rule, which must include an affidavit furnished by the lawyer’s

new Employer. Any lawyer whose authority to practice is suspended pursuant to (ii) above may

be reinstated by compliance with applicable provisions of Part 6, Section IV, Paragraph 19 of the

Rules of the Supreme Court of Virginia. Any lawyer whose authority to practice is suspended or

terminated pursuant to (iii) above, may petition for reinstatement pursuant to Part 6, Section IV,

Paragraph 13-25 of the Rules of the Supreme Court of Virginia.

(i) No time spent as Corporate Counsel Registrant will be considered in determining

eligibility for admission to the Virginia Bar without examination.

*

*

*

Rule 1A:6. Foreign Attorneys - Registered Military Legal Assistance Attorneys.

*

*

*

(b) Each applicant for a Military Legal Assistance Attorney Certificate must:

(1) File with the secretary of the Virginia Board of Bar Examiners an application, under

oath, upon a form furnished by the Board.

(2) Furnish a certificate, signed by the presiding judge of the court of last resort, or other

appropriate official of the jurisdiction in which the applicant is admitted to practice law, stating

that the applicant is licensed to practice law and is an active member in good standing of the bar

of such jurisdiction.

-- 27 --

(3) File an affidavit, upon a form furnished by the Board, from commanding officer, staff

judge advocate or chief legal officer of the military base in Virginia where the applicant is

employed, stationed, or assigned, attesting to the fact that the applicant is serving as a lawyer to

provide legal services exclusively for the military, that the nature of the applicant's employment

or service conforms to the requirements of this rule, and that the commanding officer, staff judge

advocate or chief legal officer, or his or her successor, will notify the Virginia State Bar

immediately upon the termination of the applicant's employment or service at the military base.

(c) Upon a finding by the Board of Bar Examiners that the applicant has produced evidence

sufficient to satisfy the Board that the applicant is a person of honest demeanor and good moral

character who possesses the requisite fitness to perform the obligations and responsibilities of a

practicing attorney at law and satisfies all other requirements of this rule, the Board will notify

the applicant that he or she is eligible to be issued a Military Legal Assistance Attorney

Certificate. After the applicant has taken and subscribed to the oaths required of attorneys at law,

the Board will issue to the applicant a Military Legal Assistance Attorney Certificate, which

entitles the applicant to represent clients eligible for legal assistance in the courts and tribunals of

this Commonwealth solely as provided in this rule.

(d) Each lawyer issued a Military Legal Assistance Attorney Certificate must immediately

register as an active member of the Virginia State Bar, with his or her practice limited as

provided in this rule, and pay to the Virginia State Bar the same dues required of regularly

admitted active members. (The requirement to pay dues is waived for a lawyer during the first

two years immediately following the initial issue of a Military Legal Assistance Attorney

Certificate to that lawyer.)

(e) The practice of a lawyer registered under this rule is limited within this Commonwealth

to practice exclusively pursuant to the laws, rules, and regulations governing the military

services, and may include appearing before a court or tribunal of this Commonwealth as counsel

for a client eligible for legal assistance on:

*

*

*

(f) Representation in proceedings before courts or tribunals of this Commonwealth is limited

to low-income legal assistance clients for whom hiring a lawyer in private practice would entail a

substantial financial hardship to themselves or their families. All pleadings filed by a legal

assistance attorney will cite this rule, include the name, complete address, and telephone number

of the military legal office representing the client and the name, rank or grade, and armed service

of the lawyer registered under this rule providing representation.

(g) No lawyer registered under this rule may (i) undertake to represent any person other

than an eligible legal assistance client before a court or tribunal of this Commonwealth, (ii) offer

to provide legal services in this Commonwealth to any person other than as authorized by his or

her military service, (iii) undertake to provide legal services in this Commonwealth to any person

other than as authorized by his or her military service, or (iv) hold himself or herself out in this

Commonwealth to be authorized to provide legal services to any person other than as authorized

by his or her military service.

(h) Representing clients eligible for legal assistance in the courts or tribunals of this

Commonwealth under this rule is deemed the practice of law and will subject the lawyer to all

rules governing the practice of law in Virginia, including the Virginia Rules of Professional

Conduct and the Rules of Procedure for Disciplining Lawyers (Rules of Court, Pt. 6, Section IV,

Paragraph 13). Jurisdiction of the Virginia State Bar will continue whether or not the lawyer

retains the Military Legal Assistance Attorney Certificate and irrespective of the lawyer's

presence in Virginia.

-- 28 --

(i) Each person registered with the Virginia State Bar as an active member on the basis of a

Military Legal Assistance Attorney Certificate is subject to the same membership obligations as

other active members, including completion of the required Professionalism Course and annual

Mandatory Continuing Education requirements. A lawyer registered under this rule must use as

his or her address of record with the Virginia State Bar the military address in Virginia of the

commanding officer, staff judge advocate or chief legal officer which filed the affidavit on the

lawyer's behalf.

(j) Each person issued a Military Legal Assistance Attorney Certificate must promptly

report to the Virginia State Bar any change in employment or military service, any change in bar

membership status in any state or territory of the United States, or the District of Columbia

where the applicant has been admitted to the practice of law, or the imposition of any

disciplinary sanction in a state or territory of the United States or the District of Columbia or by

any federal court or agency where the applicant has been admitted to the practice of law.

(k) The limited authority to practice law which may be granted under this rule is

automatically terminated when (i) the lawyer is no longer employed, stationed, or assigned at the

military base in Virginia from which affidavit required by this rule was filed, (ii) the lawyer has

been admitted to the practice of law in this state by examination or pursuant to any other

provision of part 1A of these Rules, (iii) the lawyer fails to comply with any provision of this

rule, (iv) the lawyer fails to maintain current good standing as an active member of a bar in at

least one state or territory of the United States, other than Virginia, or the District of Columbia,

or (v) when suspended or disbarred for disciplinary reasons in any state or territory of the United

States or the District of Columbia or by any federal court or agency where the lawyer has been

admitted to the practice of law. If a lawyer is no longer employed, stationed, or assigned at the

military base in Virginia from which affidavit required by this rule was filed, but the lawyer,

within six months after the last day of employment or service, is re-employed by, or militarily

reassigned to, the same military base or by another military base in Virginia filing the affidavit

required by this rule, the Military Legal Assistance Attorney Certificate will be reinstated upon

evidence satisfactory to the Board that the lawyer remains in full compliance with all

requirements of this rule.

The period of time a lawyer practices law full time on the basis of a Military Legal

Assistance Attorney Certificate issued pursuant to this rule may be considered in determining

whether such lawyer has fulfilled the requirements for admission to practice law in this

Commonwealth without examination under Rule 1A:1 and any guidelines approved by the

Supreme Court of Virginia for review of applications for admission without examination.

*

*

*

Rule 1A:7. Certification of Foreign Legal Consultants.

*

*

*

(b) Proof Required. An applicant under this rule must file with the secretary of the

Board:

*

*

*

(e) Rights and Obligations. Subject to the scope of practice limitations set forth in

paragraph (d) of this rule, a person certified as a foreign legal consultant under this rule is

entitled and subject to:

*

*

*

-- 29 --

(3) No time spent practicing as a foreign legal consultant will be considered in determining

eligibility for admission to the Virginia bar without examination.

(f) Disciplinary Provisions. A person certified to practice as a foreign legal consultant under

this Rule is subject to professional discipline in the same manner and to the same extent as any

member of the Bar and to this end:

(1) Every person certified to practice as a foreign legal consultant under these Rules:

(i) is subject to regulation by the Bar and to admonition, reprimand, suspension, removal or

revocation of his or her certificate to practice in accordance with the rules of procedure for

disciplinary proceedings set forth in Part 6, Section IV, Paragraph 13 of the Rules of the

Supreme Court of Virginia; and

(ii) must execute and file with the Bar, in such form and manner as the Bar may prescribe:

(A) his or her commitment to observe the Virginia Rules of Professional Conduct and any

other rules of court governing members of the bar to the extent they may be applicable to the

legal services authorized under paragraph (d) of this Rule;

(B) a written undertaking to notify the Bar of any change in such person's good standing as

a member of any foreign legal profession referred to in paragraph (a)(1) of this rule and of any

final action of any professional body or governmental authority referred to in paragraph (b)(2) of

this rule imposing any disciplinary censure, suspension, or other sanction upon such person; and

(C) a duly acknowledged instrument, in writing, setting forth his or her address in this

Commonwealth which must be both his or her address of record with the Bar and such person's

actual place of business for rendering services authorized by this rule. Such address must be one

where process can be served and the foreign legal consultant has a duty to promptly notify the

Membership Department of the Bar in writing of any changes in his or her address of record.

(g) Application and Renewal Fees. An applicant for a certificate as a foreign legal

consultant under this rule must pay to the Virginia Board of Bar Examiners the application fee

and costs as may be fixed from time to time by the Board. A person certified as a foreign legal

consultant must pay an annual fee to the Virginia State Bar which will also be fixed by the

Supreme Court of Virginia. A person certified as a foreign legal consultant who fails to complete

and file the renewal form supplied by the Bar or pay the annual fee will have his or her

certificate as a foreign legal consultant administratively suspended in accordance with the

procedures set out in Part 6, Section IV, Paragraph 19 of the Rules of the Supreme Court of

Virginia.

(h) Revocation of Certificate for Non-Compliance. In the event that the Bar determines that

a person certified as a foreign legal consultant under this rule no longer meets the requirements

under this rule, it will revoke the certificate granted to such person hereunder.

(i) Reinstatement. Any foreign legal consultant whose authority to practice is suspended

may be reinstated upon evidence satisfactory to the Bar that such person is in full compliance

with this rule; however, a reinstatement of a foreign legal consultant's certificate following a

suspension for non-compliance with paragraph (g) of this rule is governed by Part 6, Section IV,

Paragraph 19 of the Rules of the Supreme Court of Virginia; and reinstatement of a foreign legal

consultant's certificate following a disciplinary suspension or revocation is governed by Part Six,

Section IV, Paragraph 13 of the Rules of the Supreme Court of Virginia.

(j) Admission to Bar. In the event that a person certified as a foreign legal consultant under

this rule is subsequently admitted as a member of the Bar under the provisions of the rules

governing such admission, the certificate granted to such person hereunder is deemed superseded

by the admission of such person to the Bar.

-- 30 --

(k) Regulations. The Bar and the Board may adopt regulations as needed to implement their

respective responsibilities under this rule.

(l) Effective Date. This rule becomes effective on January 1, 2009.

*

*

*

Rule 1A:8. Military Spouse Provisional Admission.

1. Requirements. A person who meets all requirements of subparagraphs (a) through (m) of

paragraph 2 of this Rule 1A:8 may, upon motion, be provisionally admitted to the practice of law

in Virginia.

2. Required Evidence. The applicant for provisional admission must submit evidence

satisfactory to the Virginia Board of Bar Examiners (the "Board") that he or she:

*

*

*

3. Issuance, Admission, Duration and Renewal.

(a) Issuance. - The Board having certified that all prerequisites have been complied with,

the applicant for provisional admission will, upon payment of applicable dues and completion of

the other membership obligations set forth in Part 6, Section IV of the Rules of the Supreme

Court of Virginia, become an active member of the Virginia State Bar. An attorney provisionally

admitted pursuant to this Rule is subject to the same membership obligations as other active

members of the Virginia State Bar, and all legal services provided in Virginia by a lawyer

admitted pursuant to this Rule are deemed the practice of law and will subject the attorney to all

rules governing the practice of law in Virginia, including the Virginia Rules of Professional

Conduct.

(b) Admission. - Upon notification by the Board that the applicant's application has been

approved, the applicant must take and subscribe to the oath required of attorneys at law. The

applicant may take the required oath by appearing before the Justices of the Supreme Court of

Virginia in Richmond at an appointed date and time or by appearing before a judge of a court of

record in Virginia. Once the attorney has taken the oath, it remains effective until the attorney's

provisional admission is terminated pursuant to paragraph 5 of this Rule.

(c) Duration. - A provisional admission may be renewed by July 31 of each year, upon

filing with the Virginia State Bar (i) a written request for renewal, (ii) an affidavit by supervising

Local Counsel, who certifies to the provisionally admitted attorney's continuing employment by

or association with Local Counsel and to Local Counsel's adherence to the supervision

requirements as provided under this Rule, and (iii) compliance with the membership obligations

of Part 6, Section IV of the Rules of the Supreme Court of Virginia applicable to active members

of the Virginia State Bar.

(d) Renewal. - When the active duty service member is assigned to an unaccompanied or

remote follow-on assignment and the attorney continues to physically reside in Virginia, the

provisional admission may be renewed until that unaccompanied or remote assignment ends,

provided that the attorney complies with the other requirements for renewal.

4. Supervision of Local Counsel. A person provisionally admitted to practice under this

Rule may engage in the practice of law in this jurisdiction only under the supervision and

direction of Local Counsel.

(a) As used in this Rule, Local Counsel means an active member in good standing of the

Virginia State Bar, whose office is in Virginia.

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(b) Local Counsel must provide to the Virginia State Bar his or her Virginia State Bar

number, physical office address, mailing address, email address, telephone number, and written

consent to serve as Local Counsel, on the form provided by the Board.

(c) Unless specifically excused from attendance by the trial judge, Local Counsel must

personally appear with the provisionally admitted attorney on all matters before the court.

(d) Local Counsel will be responsible to the courts, the Virginia State

Bar, the Supreme Court of Virginia, and the client for all services provided by the

provisionally admitted attorney pursuant to this Rule.

(e) Local Counsel is obligated to notify the Executive Director of the Virginia State Bar

when the supervising relationship between the provisionally admitted attorney and Local

Counsel is terminated.

5. Events of Termination. An attorney's provisional admission to practice law pursuant to

this Rule will immediately terminate and the attorney must immediately cease all activities under

this Rule upon the occurrence of any of the following:

*

*

*

6. Notices Required.

(a) An attorney provisionally admitted under this Rule must provide written notice to the

Virginia State Bar of any Event of Termination within thirty (30) days of the occurrence thereof.

(b) Within thirty (30) days of the occurrence of any Event of Termination, the attorney

must:

(i) provide written notice to all his or her clients that he or she can no longer represent such

clients and furnish proof to the Executive Director of the Virginia State Bar within sixty (60)

days of such notification; and

(ii) file in each matter pending before any court or tribunal in this Commonwealth a notice

that the attorney will no longer be involved in the matter, which must include the substitution of

the Local Counsel, or such other attorney licensed to practice law in Virginia selected by the

client, as counsel in the place of the provisionally admitted attorney.

7. Benefits and Responsibilities. An attorney provisionally admitted under this Rule is

entitled to the benefits and subject to all responsibilities and obligations of active members of the

Virginia State Bar, and is subject to the jurisdiction of the courts and agencies of the

Commonwealth of Virginia and to the Virginia State Bar with respect to the laws and rules of

this Commonwealth governing the conduct and discipline of attorneys to the same extent as an

active member of the Virginia State Bar.

*

*

*

Rule 2A:1. Authorization; Definitions; Application.

(a) These rules are promulgated pursuant to § 2.2-4026 of the Code of Virginia. They apply

to the review of, by way of direct appeal from, the adoption of a regulation or the decision of a

case by an agency.

(b) All terms used in this part that are defined in Chapter 40, Article 1 of Title 2.2 are used

with the definitions therein contained. Every agency may designate some individual to perform

the function of "agency secretary." If there is no designated "agency secretary," that term means

the executive officer of the agency.

(c) The term "party" means any person affected by and claiming the unlawfulness of a

regulation, or a party aggrieved who asserts a case decision is unlawful or any other affected

-- 32 --

person or aggrieved person who appeared in person or by counsel at a hearing, as defined in §

2.2-4001, with respect to the regulation or case decision as well as the agency itself. Whenever a

case decision disposes of an application for a license, permit or other benefit, the applicant,

licensee or permittee is a necessary party to any proceeding under this part.

*

*

*

Rule 2A:2. Notice of Appeal.

(a) Any party appealing from a regulation or case decision must file with the agency

secretary, within 30 days after adoption of the regulation or after service of the final order in the

case decision, a notice of appeal signed by the appealing party or that party's counsel. With

respect to appeal from a regulation, the date of adoption or readoption is the date of publication

in the Register of Regulations. In the event that a case decision is required by § 2.2-4023 or by

any other provision of law to be served by mail upon a party, 3 days will be added to the 30-day

period for that party. Service under this Rule is sufficient if sent by registered or certified mail to

the party's last address known to the agency.

(b) The notice of appeal must identify the regulation or case decision appealed from, must

state the names and addresses of the appellant and of all other parties and their counsel, if any,

must specify the circuit court to which the appeal is taken, and must conclude with a certificate

that a copy of the notice of appeal has been mailed to each of the parties. Any copy of a notice of

appeal that is sent to a party's counsel or to a party's registered agent, if the party is a corporation,

will be deemed adequate and will not be a cause for dismissal of the appeal; provided, however,

sending a notice of appeal to an agency's counsel will not satisfy the requirement that a notice of

appeal be filed with the agency secretary. The omission of a party whose name and address

cannot, after due diligence, be ascertained will not be cause for dismissal of the appeal.

(c) Any final agency case decision as described in § 2.2-4023 must advise the party of the

time for filing a notice of appeal under this Rule.

*

*

*

Rule 2A:3. Record on Appeal.

(a) If a formal hearing was held before the agency, the appellant must deliver to the agency

secretary with his notice of appeal, or within 30 days thereafter, a transcript of the testimony if it

was taken down in writing, or if it was not taken down in writing, a statement of the testimony in

narrative form. If the agency secretary deems the statement inaccurate, he may append a further

statement specifying the inaccuracies.

(b) The agency secretary must prepare and certify the record as soon as possible after the

notice of appeal and transcript or statement of testimony is filed and served. Once the court has

entered an order overruling any motions, demurrers and other pleas filed by the agency, or if

none have been filed within the time provided by Rule 3:8 for the filing of a response to the

process served under Rule 2A:4, the agency secretary must, as soon as practicable or within such

time as the court may order, transmit the record to the clerk of the court named in the notice of

appeal. In the event of multiple appeals in the same proceeding, only one record need be

prepared and it must be transmitted to the clerk of the court named in the first notice of appeal

filed. If there are multiple appeals to different courts from the same regulation or case decision,

all such appeals will be transferred to and heard by the court having jurisdiction that is named in

the notice of appeal that is the first to be filed. The agency secretary must notify all parties in

-- 33 --

writing when the record is transmitted, naming the court to which it is transmitted. Papers filed in

any other clerk's office must be forwarded by such clerk to the proper clerk's office.

(c) The record on appeal from an agency proceeding consists of all notices of appeal, any

application or petition, all orders or regulations promulgated in the proceeding by the agency, the

opinions, the transcript or statement of the testimony filed by appellant, and all exhibits accepted

or rejected, together with such other material as may be certified by the agency secretary to be a

part of the record.

(d) Upon the adoption of standards for the preparation of electronic or digital records for

use in appeals, records under this Rule must comply with such standards.

(e) In the event the agency secretary determines that the record is so voluminous that its

certification and filing pursuant to part (b) of this Rule would be unduly burdensome upon the

agency or upon the clerk of the court, the agency may, prior to and in lieu of filing the entire

record, move the court for leave to file an index to such record. A party must have the

opportunity to respond to the agency’s motion within 10 days of filing the motion. Thereafter, if

the court grants the agency’s motion, the record, or such parts thereof as the parties may agree

upon or as the court may determine, must be filed in the form of a joint appendix or in such other

form as the court may direct. The agency must nevertheless retain the entire record and make it

available to the parties on reasonable request during the pendency of the appeal.

*

*

*

Rule 2A:4. Petition for Appeal.

(a) Within 30 days after the filing of the notice of appeal, the appellant must file a petition

for appeal with the clerk of the circuit court named in the first notice of appeal to be filed. Such

filing must include within such 30-day period both the payment of all fees and the taking of all

steps provided in Rules 3:2, 3:3 and 3:4 to cause a copy of the petition for appeal to be served (as

in a civil action) on the agency secretary and on every other party. The petition may be filed

electronically as provided under Rule 1:17.

(b) The petition for appeal must designate the regulation or case decision appealed from,

specify the errors assigned, state the reasons why the regulation or case decision is deemed to be

unlawful and conclude with a specific statement of the relief requested.

*

*

*

Rule 2A:5. Further Proceedings.

Further proceedings in an appeal under this Part Two-A are governed by the rules contained

in Part Three, where not in conflict with the Code of Virginia or this part, subject to the

following:

(1) No appeal or issue under this Part Two-A may be referred to a commissioner in

chancery.

(2) Except for Rule 4:15 where applicable under this Rule, the provisions of Part Four do

not apply to appeals under this part and, unless ordered by the court, depositions may not be

taken.

(3) Once any motions, demurrers or other pleas filed by the agency have been overruled, or

if none have been filed within the time provided by Rule 3:8 for the filing of a response to the

process served under Rule 2A:4, the appeal is deemed submitted and no answer or further

pleadings will be required except as provided herein or by order of the court.

-- 34 --

(4) When the case is submitted and the record has been filed as provided in Rule 2A:3, the

court will establish by order a schedule for briefing and argument of the issues raised in the

petition for appeal.

(5) The court will dispose of the appeal by an order consistent with its authority set forth in

§§ 2.2-4029 and 2.2-4030 of the Code of Virginia.

*

*

*

Rule 2A:6. Small Business Challenges

(a) In addition to the other remedies established in this Part Two-A, as provided by § 2.24027 of the Code of Virginia, a “small business” as defined in § 2.2-4007.1(A) of the Code of

Virginia that is adversely affected or aggrieved by final agency regulatory action as described

therein may seek judicial review for the limited purpose of appealing the issue of compliance

with the requirements of §§ 2.2-4007.04 and 2.2-4007.1. Such appeal may be initiated by filing a

notice of appeal as described in Rule 2A:2 within one year of the date of such final agency

action.

(b) In all other respects, the provisions of this Part Two-A apply to such appeals.

*

*

*

Rule 2:101 TITLE

These Rules are known as Virginia Rules of Evidence.

*

*

*

Rule 2:102 SCOPE AND CONSTRUCTION OF THESE RULES

These Rules state the law of evidence in Virginia. They are adopted to implement

established principles under the common law and not to change any established case law

rendered prior to the adoption of the Rules. Common law case authority, whether decided before

or after the effective date of the Rules of Evidence, may be argued to the courts and considered

in interpreting and applying the Rules of Evidence. As to matters not covered by these Rules,

the existing law remains in effect. Where no rule is set out on a particular topic, adoption of the

Rules has no effect on current law or practice on that topic.

*

*

*

Rule 2:104 PRELIMINARY DETERMINATIONS

(a) Determinations made by the court. The qualification of a person to be a witness, the

existence of a privilege, or the admissibility of evidence is decided by the court, subject to the

provisions of subdivision (b).

(b) Relevancy conditioned on proof of connecting facts. Whenever the relevancy of

evidence depends upon proof of connecting facts, the court may admit the evidence upon or, in

the court's discretion, subject to, the introduction of proof sufficient to support a finding of the

connecting facts.

(c) Hearing of jury. Hearings on the admissibility of confessions in all criminal cases must

be conducted out of the hearing of the jury. Hearings on other preliminary matters in all cases

must be so conducted whenever a statute, rule, case law or the interests of justice require, or

when an accused is a witness and so requests.

-- 35 --

*

*

*

Rule 2:105 PROOF ADMITTED FOR LIMITED PURPOSES

When evidence is admissible as to one party or for one purpose but not admissible as to

another party or for another purpose, the court upon motion must restrict such evidence to its

proper scope and instruct the jury accordingly. The court may give such limiting instructions sua

sponte, to which any party may object.

*

*

*

Rule 2:202 JUDICIAL NOTICE OF LAW (derived from Code §§ 8.01-386 and 19.2-265.2)

(a) Notice To Be Taken. Whenever, in any civil or criminal case it becomes necessary to

ascertain what the law, statutory, administrative, or otherwise, of this Commonwealth, of another

state, of the United States, of another country, or of any political subdivision or agency of the

same, or under an applicable treaty or international convention is, or was, at any time, the court

may take judicial notice thereof whether specially pleaded or not.

(b) Sources of Information. The court, in taking such notice, must in a criminal case and

may in a civil case consult any book, record, register, journal, or other official document or

publication purporting to contain, state, or explain such law, and may consider any evidence or

other information or argument that is offered on the subject.

*

*

*

Rule 2:203 JUDICIAL NOTICE OF OFFICIAL PUBLICATIONS (derived from Code §

8.01-388)

The court must take judicial notice of the contents of all official publications of the

Commonwealth and its political subdivisions and agencies required to be published pursuant to

the laws thereof, and of all such official publications of other states, of the United States, of other

countries, and of the political subdivisions and agencies of each published within those

jurisdictions pursuant to the laws thereof.

*

*

*

Rule 2:407 SUBSEQUENT REMEDIAL MEASURES (derived from Code § 8.01-418.1)

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 occur, evidence of such subsequent measures is

not admissible to prove negligence or culpable conduct as a cause of the occurrence of the event;

provided that evidence of subsequent measures is not required to be excluded when offered for

another purpose for which it may be admissible, including, but not limited to, proof of

ownership, control, feasibility of precautionary measures if controverted, or for impeachment.

*

*

*

Rule 2:409 EVIDENCE OF ABUSE ADMISSIBLE IN CERTAIN CRIMINAL TRIALS

(derived from Code § 19.2-270.6)

In any criminal prosecution alleging personal injury or death, or the attempt to cause

personal injury or death, relevant evidence of repeated physical and psychological abuse of the

accused by the victim is admissible, subject to the general rules of evidence.

-- 36 --

*

*

*

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

STATEMENTS

Admission of evidence concerning withdrawn pleas in criminal cases, offers to plead, and

related statements is governed by Rule 3A:8(c)(5) of the Rules of Supreme Court of Virginia and

by applicable provisions of the Code of Virginia.

*

*

*

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)

(a) In prosecutions under Article 7, Chapter 4 of Title 18.2 of the Code of Virginia, under

clause (iii) or (iv) of § 18.2-48, or under §§ 18.2-370, 18.2-370.01, or 18.2-370.1, general

reputation or opinion evidence of the complaining witness' unchaste character or prior sexual

conduct must not be admitted. Unless the complaining witness voluntarily agrees otherwise,

evidence of specific instances of his or her prior sexual conduct may be admitted only if it is

relevant and is:

1. Evidence offered to provide an alternative explanation for physical evidence of the

offense charged which is introduced by the prosecution, limited to evidence designed to explain

the presence of semen, pregnancy, disease, or physical injury to the complaining witness'

intimate parts; or

2. Evidence of sexual conduct between the complaining witness and the accused offered to

support a contention that the alleged offense was not accomplished by force, threat or

intimidation or through the use of the complaining witness' mental incapacity or physical

helplessness, provided that the sexual conduct occurred within a period of time reasonably

proximate to the offense charged under the circumstances of this case; or

3. Evidence offered to rebut evidence of the complaining witness' prior sexual conduct

introduced by the prosecution.

(b) Nothing contained in this Rule prohibits the accused from presenting evidence relevant

to show that the complaining witness had a motive to fabricate the charge against the accused. If

such evidence relates to the past sexual conduct of the complaining witness with a person other

than the accused, it may not be admitted and may not be referred to at any preliminary hearing or

trial unless the party offering same files a written notice generally describing the evidence prior

to the introduction of any evidence, or the opening statement of either counsel, whichever first

occurs, at the preliminary hearing or trial at which the admission of the evidence may be sought.

(c) Evidence described in subdivisions (a) and (b) of this Rule may not be admitted and may not

be referred to at any preliminary hearing or trial until the court first determines the admissibility

of that evidence at an evidentiary hearing to be held before the evidence is introduced at such

preliminary hearing or trial. The court must exclude from the evidentiary hearing all persons

except the accused, the complaining witness, other necessary witnesses, and required court

personnel. If the court determines that the evidence meets the requirements subdivisions (a) and

(b) of this Rule, it is admissible before the judge or jury trying the case in the ordinary course

of the preliminary hearing or trial. If the court initially determines of that the evidence is

inadmissible, but new information is discovered during the course of the preliminary hearing or

trial which may make such evidence admissible, the court must determine in an evidentiary

-- 37 --

hearing whether such evidence is admissible.

*

*

*

Rule 2:413. EVIDENCE OF SIMILAR CRIMES IN CHILD SEXUAL OFFENSE CASES

(derived from Code § 18.2-67.7:1)

(a) In a criminal case in which the defendant is accused of a felony sexual offense involving

a child victim, evidence of the defendant's conviction of another sexual offense or offenses is

admissible and may be considered for its bearing on any matter to which it is relevant.

(b) The Commonwealth must provide to the defendant 14 days prior to trial notice of its

intention to introduce copies of final orders evidencing the defendant's qualifying prior criminal

convictions. Such notice must include (i) the date of each prior conviction, (ii) the name and

jurisdiction of the court where each prior conviction was obtained, and (iii) each offense of

which the defendant was convicted. Prior to commencement of the trial, the Commonwealth

must provide to the defendant photocopies of certified copies of the final orders that it intends to

introduce.

(c) This Rule must not be construed to limit the admission or consideration of evidence

under any other rule of court or statute.

(d) For purposes of this Rule, "sexual offense" means any offense or any attempt or

conspiracy to engage in any offense described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 or §

18.2-370, 18.2-370.01, or 18.2-370.1 or any substantially similar offense under the laws of

another state or territory of the United States, the District of Columbia, or the United States.

(e) Evidence offered in a criminal case pursuant to the provisions of this Rule is subject to

exclusion in accordance with the Virginia Rules of Evidence, including but not limited to Rule

2:403.

*

*

*

Rule 2:501 PRIVILEGED COMMUNICATIONS

Except as otherwise required by the Constitutions of the United States or the

Commonwealth of Virginia or provided by statute or these Rules, the privilege of a witness,

person, government, State, or political subdivision thereof, is governed by the principles of

common law as they may be interpreted by the courts of the Commonwealth in the light of

reason and experience.

*

*

*

Rule 2:502 ATTORNEY-CLIENT PRIVILEGE

Except as may be provided by statute, the existence and application of the attorney-client

privilege in Virginia, and the exceptions thereto, are governed by the principles of common law

as interpreted by the courts of the Commonwealth in the light of reason and experience.

*

*

*

-- 38 --

Rule 2:503 CLERGY AND COMMUNICANT PRIVILEGE (derived from Code §§ 8.01400 and 19.2-271.3)

A clergy member means any regular minister, priest, rabbi, or accredited practitioner over

the age of 18 years, of any religious organization or denomination usually referred to as a church.

A clergy member must not be required:

(a) in any civil action, to give testimony as a witness or to disclose in discovery proceedings

the contents of notes, records or any written documentation made by the clergy member, where

such testimony or disclosure would reveal any information communicated in a confidential

manner, properly entrusted to such clergy member in a professional capacity and necessary to

enable discharge of the functions of office according to the usual course of the clergy member's

practice or discipline, wherein the person so communicating such information about himself or

herself, or another, was seeking spiritual counsel and advice relating to and growing out of the

information so imparted; and

*

*

*

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)

(a) Privileged Marital Communications in Civil Cases.

1. Husband and wife are competent witnesses to testify for or against each other in all civil

actions.

2. In any civil proceeding, a person has a privilege to refuse to disclose, and to prevent

anyone else from disclosing, any confidential communication between such person and his or her

spouse during their marriage, regardless of whether such person is married to that spouse at the

time he or she objects to disclosure. This privilege may not be asserted in any proceeding in

which the spouses are adverse parties, or in which either spouse is charged with a crime or tort

against the person or property of the other or against the minor child of either spouse. For the

purposes of this Rule, "confidential communication" means a communication made privately by

a person to his or her spouse that is not intended for disclosure to any other person.

(b) Testimony of Husband and Wife in Criminal Cases.

1. In criminal cases husband and wife must be allowed, and, subject to the Rules of

Evidence governing other witnesses, may be compelled to testify in behalf of each other, but

neither may be compelled to be called as a witness against the other, except (i) in the case of a

prosecution for an offense committed by one against the other, against a minor child of either, or

against the property of either; (ii) in any case where either is charged with forgery of the name of

the other or uttering or attempting to utter a writing bearing the allegedly forged signature of the

other; or (i) in any proceeding relating to a violation of the laws pertaining to criminal sexual

assault (§§ 18.2-61 through 18.2-67.10), crimes against nature (§ 18.2-361) involving a minor as

a victim and provided the defendant and the victim are not married to each other, incest (§ 18.2366), or abuse of children (§§ 18.2-370 through 18.2-371). The failure of either husband or wife

to testify, however, creates no presumption against the accused, and may not be the subject of

any comment before the court or jury by any attorney.

*

*

*

-- 39 --

Rule 2:505 HEALING ARTS PRACTITIONER AND PATIENT PRIVILEGE (derived

from Code § 8.01-399)

The scope and application of the privilege between a patient and a physician or practitioner

of the healing arts in a civil case are as set forth in any specific statutory provisions, including

Code § 8.01-399, as amended from time to time, which presently provides:

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 of the healing arts is permitted to testify in any civil

action, respecting any information that he may have acquired in attending, examining or treating

the patient in a professional capacity.

B. If the physical or mental condition of the patient is at issue in a civil action, the

diagnoses, signs and symptoms, observations, evaluations, histories, or treatment plan of the

practitioner, obtained or formulated as contemporaneously documented during the course of the

practitioner's treatment, together with the facts communicated to, or otherwise learned by, such

practitioner in connection with such attendance, examination or treatment may be disclosed but

only in discovery pursuant to the Rules of Court or through testimony at the trial of the action. In

addition, disclosure may be ordered when a court, in the exercise of sound discretion, deems it

necessary to the proper administration of justice. However, no order may be entered compelling

a party to sign a release for medical records from a health care provider unless the health care

provider is not located in the Commonwealth or is a federal facility. If an order is issued pursuant

to this section, it must be restricted to the medical records that relate to the physical or mental

conditions at issue in the case. No disclosure of diagnosis or treatment plan facts communicated

to, or otherwise learned by, such practitioner may occur if the court determines, upon the request

of the patient, that such facts are not relevant to the subject matter involved in the pending action

or do not appear to be reasonably calculated to lead to the discovery of admissible evidence.

Only diagnosis offered to a reasonable degree of medical probability is admissible at trial.

C. This section will not (i) be construed to repeal or otherwise affect the provisions of §

65.2-607 relating to privileged communications between physicians and surgeons and employees

under the Workers' Compensation Act; (ii) apply to information communicated to any such

practitioner in an effort unlawfully to procure a narcotic drug, or unlawfully to procure the

administration of any such drug; or (iii) prohibit a duly licensed practitioner of the healing arts,

or his agents, from disclosing information as required by state or federal law.

D. Neither a lawyer nor anyone acting on the lawyer's behalf may obtain, in connection with

pending or threatened litigation, information concerning a patient from a practitioner of any

branch of the healing arts without the consent of the patient, except through discovery pursuant

to the Rules of Supreme Court as herein provided. However, the prohibition of this subsection

does not apply to:

1. Communication between a lawyer retained to represent a practitioner of the healing arts,

or that lawyer's agent, and that practitioner's employers, partners, agents, servants, employees,

co-employees or others for whom, at law, the practitioner is or may be liable or who, at law, are

or may be liable for the practitioner's acts or omissions;

2. Information about a patient provided to a lawyer or his agent by a practitioner of the

healing arts employed by that lawyer to examine or evaluate the patient in accordance with Rule

4:10 of the Rules of Supreme Court; or

3. Contact between a lawyer or his agent and a nonphysician employee or agent of a

practitioner of healing arts for any of the following purposes: (i) scheduling appearances, (ii)

requesting a written recitation by the practitioner of handwritten records obtained by the lawyer

or his agent from the practitioner, provided the request is made in writing and, if litigation is

-- 40 --

pending, a copy of the request and the practitioner's response is provided simultaneously to the

patient or his attorney, (iii) obtaining information necessary to obtain service upon the

practitioner in pending litigation, (iv) determining when records summoned will be provided by

the practitioner or his agent, (v) determining what patient records the practitioner possesses in

order to summons records in pending litigation, (vi) explaining any summons that the lawyer or

his agent caused to be issued and served on the practitioner, (vii) verifying dates the practitioner

treated the patient, provided that if litigation is pending the information obtained by the lawyer or

his agent is promptly given, in writing, to the patient or his attorney, (viii) determining charges

by the practitioner for appearance at a deposition or to testify before any tribunal or

administrative body, or (ix) providing to or obtaining from the practitioner directions to a place

to which he is or will be summoned to give testimony.

E. A clinical psychologist duly licensed under the provisions of Chapter 36 (§ 54.1-3600 et

seq.) of Title 54.1 is considered a practitioner of a branch of the healing arts within the meaning

of this section.

F. Nothing herein prevents a duly licensed practitioner of the healing arts, or his agents,

from disclosing any information that he may have acquired in attending, examining or treating a

patient in a professional capacity where such disclosure is necessary in connection with the care

of the patient, the protection or enforcement of a practitioner's legal rights including such rights

with respect to medical malpractice actions, or the operations of a health care facility or health

maintenance organization or in order to comply with state or federal law.

*

*

*

Rule 2:506 MENTAL HEALTH PROFESSIONAL AND CLIENT PRIVILEGE (derived

from Code § 8.01-400.2)

Except at the request of or with the consent of the client, no licensed professional counselor,

as defined in Code § 54.1-3500; licensed clinical social worker, as defined in Code § 54.1-3700;

licensed psychologist, as defined in Code § 54.1-3600; or licensed marriage and family therapist,

as defined in Code § 54.1-3500, may be required in giving testimony as a witness in any civil

action to disclose any information communicated in a confidential manner, properly entrusted to

such person in a professional capacity and necessary to enable discharge of professional or

occupational services according to the usual course of his or her practice or discipline, wherein

the person so communicating such information about himself or herself, or another, is seeking

professional counseling or treatment and advice relating to and growing out of the information so

imparted; provided, however, that when the physical or mental condition of the client is at issue

in such action, or when a court, in the exercise of sound discretion, deems such disclosure

necessary to the proper administration of justice, no fact communicated to, or otherwise learned

by, such practitioner in connection with such counseling, treatment or advice will be privileged,

and disclosure may be required. The privileges conferred by this Rule do not extend to testimony

in matters relating to child abuse and neglect nor serve to relieve any person from the reporting

requirements set forth in § 63.2-1509.

*

*

*

Rule 2:507 PRIVILEGED COMMUNICATIONS INVOLVING INTERPRETERS

(derived from Code §§ 8.01-400.1, 19.2-164, and 19.2-164.1)

Whenever a deaf or non-English-speaking person communicates through an interpreter to

any person under such circumstances that the communication would be privileged, and such

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person could not be compelled to testify as to the communications, the privilege also applies to

the interpreter.

*

*

*

Rule 2:603 OATH OR AFFIRMATION

Before testifying, every witness must be required to declare that he or she will testify

truthfully, by oath or affirmation administered in a form calculated to awaken the conscience and

impress the mind of the witness with the duty to do so.

*

*

*

Rule 2:604 INTERPRETERS (derived from Code § 8.01-406)

An interpreter must be qualified as competent and must be placed under oath or affirmation

to make a true translation.

*

*

*

Rule 2:605 COMPETENCY OF COURT PERSONNEL AS WITNESSES (derived from

Code § 19.2-271)

(a) No judge is competent to testify in any criminal or civil proceeding as to any matter

which came before the judge in the course of official duties.

(b) Except as otherwise provided in this Rule, no clerk of any court, magistrate, or other

person having the power to issue warrants, is competent to testify in any criminal or civil

proceeding, as to any matter which came before him or her in the course of official duties. Such

person may be competent to testify in any criminal proceeding wherein the defendant is charged

with perjury or pursuant to the provisions of § 18.2-460 or in any proceeding authorized pursuant

to § 19.2-353.3. Notwithstanding any other provision of this section, any judge, clerk of any

court, magistrate, or other person having the power to issue warrants, who is the victim of a

crime, is not incompetent solely because of his or her office to testify in any criminal or civil

proceeding arising out of the crime. Nothing in this subpart (b) precludes otherwise proper

testimony by a clerk or deputy clerk concerning documents filed in the official records.

*

*

*

Rule 2:607 IMPEACHMENT OF WITNESSES (Rule 2:607(b) derived from Code § 8.01401(A); and Rule 2:607(c) derived from Code § 8.01-403)

*

*

*

(c) Witness proving adverse.

(i) If a witness proves adverse, the party who called the witness may, subject to the

discretion of the court, prove that the witness has made at other times a statement inconsistent

with the present testimony as provided in Rule 2:613.

(ii) In a jury case, if impeachment has been conducted pursuant to this subdivision (c), the

court, on motion by either party, must instruct the jury to consider the evidence of such

inconsistent statements solely for the purpose of contradicting the witness.

*

*

*

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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)

*

*

*

(b) Contradiction by prior inconsistent writing.

(i) General rule. In any civil or criminal case, a witness may be cross-examined as to

previous statements made by the witness in writing or reduced to writing, relating to the subject

matter of the action, without such writing being shown to the witness; but if the intent is to

contradict such witness by the writing, his or her attention must, before such contradictory proof

can be given, be called to the particular occasion on which the writing is supposed to have been

made; the witness may be asked whether he or she made a writing of the purport of the one to be

offered, and if the witness denies making it, or does not admit its execution, it must then be

shown to the witness, and if the witness admits its genuineness, the witness must be allowed to

make an explanation of it; but the court may, at any time during the trial, require the production

of the writing for its inspection, and the court may then make such use of it for the purpose of the

trial as it may think best.

(ii) Personal Injury or Wrongful Death Cases. Notwithstanding the general principles stated

in this subpart (b), in an action to recover for personal injury or wrongful death, no ex parte

affidavit or statement in writing other than a deposition, after due notice, of a witness and no

extrajudicial recording made at any time other than simultaneously with the wrongful act or

negligence at issue of the voice of such witness, or reproduction or transcript thereof, as to the

facts or circumstances attending the wrongful act or neglect complained of, may be used to

contradict such witness in the case. Nothing in this subdivision may be construed to prohibit the

use of any such ex parte affidavit or statement in an action on an insurance based upon a

judgment recovered in a personal injury or wrongful death case.

*

*

*

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)

(a) The court, in a civil or criminal case, may on its own motion and must on the motion of

any party, require the exclusion of every witness including, but not limited to, police officers or

other investigators. The court may also order that each excluded witness be kept separate from

all other witnesses. But each named party who is an individual, one officer or agent of each party

which is a corporation, limited liability entity or association, an attorney alleged in a habeas

corpus proceeding to have acted ineffectively, and in an unlawful detainer action filed in general

district court, a managing agent as defined in § 55.1-1200 are exempt from the exclusion as a

matter of right.

(b) Where expert witnesses are to testify in the case, the court may, at the request of all

parties, allow one expert witness for each party to remain in the courtroom; however, in cases

pertaining to the distribution of marital property pursuant to § 20-107.3 or the determination of

child or spousal support pursuant to § 20-108.1, the court may, upon motion of any party, allow

one expert witness for each party to remain in the courtroom throughout the hearing.

(c) Any victim as defined in Code § 19.2-11.01 who is to be called as a witness may remain

in the courtroom and may not be excluded unless pursuant to Code § 19.2-265.01 the court

-- 43 --

determines, in its discretion, that the presence of the victim would impair the conduct of a fair

trial.

*

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*

Rule 2:704 OPINION ON ULTIMATE ISSUE (Rule 2:704(a) derived from Code § 8.01401.3(B) and (C))

(a) Civil cases. In civil cases, no expert or lay witness may be prohibited from expressing an

otherwise admissible opinion or conclusion as to any matter of fact solely because that fact is the

ultimate issue or critical to the resolution of the case. But in no event may such witness be

permitted to express any opinion which constitutes a conclusion of law. Any other exceptions to

the “ultimate fact in issue” rule recognized in the Commonwealth remain in full force.

*

*

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Rule 2:705 FACTS OR DATA USED IN TESTIMONY (Rule 2:705(a) derived from Code §

8.01-401.1)

*

*

*

(b) Criminal cases. In criminal cases, the facts on which an expert may give an opinion

must be disclosed in the expert's testimony, or set forth in a hypothetical question.

*

*

*

Rule 2:706 USE OF LEARNED TREATISES WITH EXPERTS (Rule 2:706(a) derived

from Code § 8.01-401.1)

(a) Civil cases. To the extent called to the attention of an expert witness upon crossexamination or relied upon by the expert witness in direct examination, statements contained in

published treatises, periodicals or pamphlets on a subject of history, medicine or other science or

art, established as a reliable authority by testimony or by stipulation may not be excluded as

hearsay. If admitted, the statements may be read into evidence but may not be received as

exhibits. If the statements are to be introduced through an expert witness upon direct

examination, copies of the specific statements must be designated as literature to be introduced

during direct examination and provided to opposing parties 30 days prior to trial unless otherwise

ordered by the court. If a statement has been designated by a party in accordance with and

satisfies the requirements of this rule, the expert witness called by that party need not have relied

on the statement at the time of forming his opinion in order to read the statement into evidence

during direct examination at trial.

(b) Criminal cases. Where an expert witness acknowledges on cross-examination that a

published work is a standard authority in the field, an opposing party may ask whether the

witness agrees or disagrees with statements in the work acknowledged. Such proof will be

received solely for impeachment purposes with respect to the expert's credibility.

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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)

The following are not excluded by the hearsay rule, even though the declarant is available as

a witness:

*

*

*

(10) Absence of entries in public records and reports.

*

*

*

(b) Criminal Cases. In any criminal hearing or trial, an affidavit signed by a government

official who is competent to testify, deemed to have custody of an official record, or signed by

such official's designee, stating that after a diligent search, no record or entry of such record is

found to exist among the records in such official's custody, is admissible as evidence that the

office has no such record or entry, provided that if the hearing or trial is a proceeding other than

a preliminary hearing the procedures set forth in subsection G of § 18.2-472.1 for admission of

an affidavit have been satisfied, mutatis mutandis, and the accused has not objected to the

admission of the affidavit pursuant to the procedures set forth in subsection H of § 18.2-472.1,

mutatis mutandis. Nothing in this subsection (b) affects the admissibility of affidavits in civil

cases under subsection (a) of this Rule.

*

*

*

(17) Market quotations. Whenever the prevailing price or value of any goods regularly

bought and sold in any established commodity market is in issue, reports in official publications

or trade journals or in newspapers or periodicals of general circulation published as the reports of

such market are admissible in evidence. The circumstances of the preparation of such a report

may be shown.

*

*

*

Rule 2:803.1. Statements by Child Describing Acts Relating to Offense Against Children

(Derived from Code § 19.2-268.3).

(a) Proof of an out-of-court statement made by a child who is under 13 years of age at the

time of trial or hearing, and who is the alleged victim of an offense against children as provided

in Code § 19.2-268.3(A), which statement describes any act directed against the child relating to

such alleged offense, may not be excluded as hearsay under Rule 2:802 if both of the following

apply:

*

*

*

(b) At least 14 days prior to the commencement of the proceeding in which a statement will

be offered as evidence, the party intending to offer the statement must notify the opposing party,

in writing, of the intent to offer the statement and must provide or make available copies of the

statement to be introduced.

(c) This provision does not limit the admission of any statement offered under any other

hearsay exception or applicable rule of evidence.

*

*

*

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Rule 2:804 HEARSAY EXCEPTIONS APPLICABLE WHERE THE DECLARANT IS

UNAVAILABLE (Rule 2:804(b)(5) derived from Code § 8.01-397)

*

*

*

(b) Hearsay exceptions. The following are not excluded by the hearsay rule:

*

*

*

(5) Statement by party incapable of testifying. Code § 8.01-397, entitled "Corroboration

required and evidence receivable when one party incapable of testifying," presently provides:

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, heir, or other

representative of the person so incapable of testifying, no judgment or decree may be

rendered in favor of an adverse or interested party founded on his uncorroborated

testimony. In any such action, whether such adverse party testifies or not, all entries,

memoranda, and declarations by the party so incapable of testifying made while he was

capable, relevant to the matter in issue, may be received as evidence in all proceedings

including without limitation those to which a person under a disability is a party. The

phrase "from any cause" as used in this section does not include situations in which the

party who is incapable of testifying has rendered himself unable to testify by an

intentional self-inflicted injury.

For the purposes of this section, and in addition to corroboration by any other

competent evidence, an entry authored by an adverse or interested party contained in a

business record may be competent evidence for corroboration of the testimony of an

adverse or interested party. If authentication of the business record is not admitted in a

request for admission, such business record may be authenticated by a person other

than the author of the entry who is not an adverse or interested party whose conduct is

at issue in the allegations of the complaint.

*

*

*

Rule 2:902 SELF-AUTHENTICATION (Rule 2:902(6) derived from Code § 8.01-390.3 and

Code § 8.01-391(D))

Additional proof of authenticity as a condition precedent to admissibility is not required with

respect to the following:

*

*

*

(6) Certified Records of a Regularly Conducted Activity.

(a) In any proceeding where a business record is material and otherwise admissible,

authentication of the record and the foundation required by subdivision (6) of Rule 2:803 may be

laid by (i) witness testimony, (ii) a certification of the authenticity of and foundation for the

record made by the custodian of such record or other qualified witness either by affidavit or by

declaration pursuant to Code § 8.01-4.3, or (iii) a combination of witness testimony and a

certification.

(b) The proponent of a business record must (i) give written notice to all other parties if a

certification under this section will be relied upon in whole or in part in authenticating and laying

the foundation for admission of such record and (ii) provide a copy of the record and the

certification to all other parties, so that all parties have a fair opportunity to challenge the record

and certification. The notice and copy of the record and certification must be provided no later

-- 46 --

than 15 days in advance of the trial or hearing, unless an order of the court specifies a different

time. Objections must be made within five days thereafter, unless an order of the court specifies

a different time. If any party timely objects to reliance upon the certification, the authentication

and foundation required by subdivision (6) of Rule 2:803 must be made by witness testimony

unless the objection is withdrawn.

(c) A certified business record that satisfies the requirements of this section is selfauthenticating and requires no extrinsic evidence of authenticity.

(d) A copy of a business record may be offered in lieu of an original upon satisfaction of the

requirements of Code § 8.01-391(D) by witness testimony, a certification, or a combination of

testimony and a certification.

*

*

*

Rule 2:1003 USE OF SUBSTITUTE CHECKS (derived from Code § 8.01-391.1(A) and (B))

(a) Admissibility generally. A substitute check created pursuant to the federal Check

Clearing for the 21st Century Evidence Act, 12 U.S.C. § 5001 et seq., is admissible in evidence

in any Virginia legal proceeding, civil or criminal, to the same extent the original check would

be.

(b) Presumption from designation and legend. A document received from a banking

institution that is designated as a "substitute check" and that bears the legend "This is a legal

copy of your check. You can use it the same way you would use the original check" is presumed

to be a substitute check created pursuant to the Act applicable under subdivision (a) of this Rule.

*

*

*

Rule 2:1005 ADMISSIBILITY OF COPIES (derived from Code § 8.01-391)

In addition to admissibility of copies of documents as provided in Rules 2:1002 and 2:1004,

and by statute, copies may be used in lieu of original documents as follows:

*

*

*

(b) If any department, division, institution, agency, board, or commission of this

Commonwealth, of another state or country, or of the United States, or of any political subdivision

or agency of the same, acting pursuant to the law of the respective jurisdiction or other proper

authority, has copied any record made in the performance of its official duties, such copy is as

admissible into evidence as the original, whether the original is in existence or not, provided that

such copy is authenticated as a true copy either by the custodian of said record or by the person

to whom said custodian reports, if they are different, and is accompanied by a certificate that such

person does in fact have the custody.

(c) If any court or clerk's office of a court of this Commonwealth, of another state or

country, or of the United States, or of any political subdivision or agency of the same, has copied

any record made in the performance of its official duties, such copy is admissible into evidence

as the original, whether the original is in existence or not, provided that such copy is

authenticated as a true copy by a clerk or deputy clerk of such court.

(d) If any business or member of a profession or calling in the regular course of business or

activity has made any record or received or transmitted any document, and again in the regular

course of business has caused any or all of such record or document to be copied, the copy is as

admissible in evidence as the original, whether the original exists or not, provided that such copy

is satisfactorily identified and authenticated as a true copy by a custodian of such record or by

-- 47 --

the person to whom said custodian reports, if they be different, and is accompanied by a

certificate that said person does in fact have the custody. Copies in the regular course of business

are deemed to include reproduction at a later time, if done in good faith and without intent to

defraud. Copies in the regular course of business include items such as checks which are

regularly copied before transmission to another person or bank, or records which are acted upon

without receipt of the original when the original is retained by another party.

*

*

*

(g) Copy, as used in these Rules, includes photographs, microphotographs, photostats,

microfilm, microcard, printouts or other reproductions of electronically stored data, or copies

from optical disks, electronically transmitted facsimiles, or any other reproduction of an original

from a process which forms a durable medium for its recording, storing, and reproducing.

*

*

*

Rule 2:1006 SUMMARIES

The contents of voluminous writings that, although admissible, cannot conveniently be

examined in court may be represented in the form of a chart, summary, or calculation.

Reasonably in advance of the offer of such chart, summary, or calculation, the originals or

duplicates must be made available for examination or copying, or both, by other parties at a

reasonable time and place. The court may order that they be produced in court.

*

*

*

-- 48 --

Rule 3:1. Scope

There is one form of civil case, known as a civil action. These Rules apply to all civil

actions, in the circuit courts, whether the claims involved arise under legal or equitable causes of

action, unless otherwise provided by law. These rules apply in cases appealed or removed to

such courts from inferior courts whenever applicable to such cases. These Rules do not apply in

petitions for a writ of habeas corpus. In matters not covered by these Rules, the established

practices and procedures are continued.

Whenever in t

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