Rules of Supreme Court of Virginia

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TABLE OF CONTENTS

Rules of Supreme Court of Virginia

Part One.

General Rules Applicable to All Proceedings

Appendix of Forms

Part One A.

Foreign Attorneys

Part Two.

Virginia Rules of Evidence

Part Two A.

Appeals Pursuant to the Administrative Process Act

Part Three.

Practice and Procedures in Civil Actions

Part Three A.

Criminal Practice and Procedures

Appendix of Forms

Part Three B.

Traffic Infractions and Uniform Fine Schedule

Part Three C.

Non-Traffic Prepayable Offenses and Uniform Fine Schedule

Part Three D.

[Repealed]

Part Four.

Pretrial Procedures, Dispositions and Production at Trial

Part Five.

The Supreme Court

Appendix of Forms

Part Five A.

The Court of Appeals

Appendix of Forms

Part Six

Integration of the State Bar

Part Seven A.

General District Courts – In General

Part Seven B.

General District Courts – Civil

Part Seven C.

General District Courts – Criminal and Traffic

Part Eight.

Juvenile and Domestic Relations District Courts

Part Nine.

Judicial Performance Evaluation Program

Part Ten.

Provision of Legal Services Following Determination of Major Disaster

Appendix of Forms

RULES OF SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

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, shall remain under the control of the trial court and subject

tomay 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, shallwill 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 shall beis the date it is signed by the judge

either on paper or by electronic means in accord with Rule 1:17.

(b) General Rule: Orders Deemed Final. — Unless otherwise provided by rule or

statute, a judgment, order or decree is final if it disposes of the entire matter before the

court, including all claim(s) and all cause(s) of action against all parties, gives all the

relief contemplated, and leaves nothing to be done by the court except the ministerial

execution of the court’s judgment, order or decree.

prejudice or without leave to amend is sufficient to dispose of the claim(s) or cause(s) of

action subject to the demurrer, even if the order does not expressly dismiss the claim(s) or

cause(s) of action at issue. An order sustaining a demurrer and granting leave to file an

amended pleading by a specific time is sufficient to dispose of the claim(s) or cause(s) of

action subject to the demurrer, if the amended pleading is not filed within the specific

time provided, even if the order does not expressly dismiss the claim(s) or cause(s) of

action at issue.

(d) Pleas in Bar and Motions for Summary Judgment. — An order sustaining a

plea in bar or sustaining a plea in bar with prejudice or without leave to amend is

sufficient to dispose of a claim(s) or cause(s) of action subject to the plea in bar, as is an

order granting a motion for summary judgment, even if the order does not expressly

dismiss the claim(s) or cause(s) of action at issue or enter judgment for the moving party.

(e) Motions to Strike. — In a civil case, an order which merely grants a motion to

strike, without expressly entering summary judgment or partial summary judgment or

dismissing the claim(s) or cause(s) of action at issue, is insufficient to dispose of the

claim(s) or cause(s) of action at issue.

Last amended by Order dated August 30, 2018; effective November 1, 2018.

RULES OF SUPREME COURT OF VIRGINIA

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RULES APPLICABLE TO ALL PROCEEDINGS

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

shallwill be reinstated on the circuit court docket upon the filing of the application. The

appellee shallis not be required to file a separate suit or action to recover the fees and

costs incurred on appeal, and the circuit court shall havehas 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, shall beis a final order for purposes of Rule

1:1.

b) Nothing in this Rule shall restrict or prohibitrestricts 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 1:2. Appeal From Partial Final Judgment in Multi-Party Cases.

(a) When Available. – When claims for relief are presented in a civil action against

multiple parties – whether in a complaint, counterclaim, cross-claim, or third-party claim – the

trial court may enter final judgment as to one or more but fewer than all of the parties only by

entering an order expressly labeled “Partial Final Judgment” which contains express findings that

(i) the interests of such parties, and the grounds on which judgment is entered as to them, are

separate and distinct from those raised by the issues in the claims against remaining parties, and

(ii) the results of any appeal from the partial final judgment cannot affect decision of the claims

against the remaining parties, and (iii) decision of the claims remaining in the trial court cannot

affect the disposition of claims against the parties subject to the Partial Final Judgment if those

parties are later restored to the case by reversal of the Partial Final Judgment on appeal.

(b) Time to Appeal. – Entry of an order of Partial Final Judgment as provided in

subparagraph (a) of this Rule commences the period for filing a notice of appeal from such

Partial Final Judgment under Rule 5:9 and a petition for appeal under Rule 5:17, subject to the

provisions of Rule 1:1 and these Rules.

trial court to enter a Partial Final Judgment under this Rule.

(d) Other Dispositions Adjudicating Claims Against Fewer than All Parties. – In the

absence of the entry of a Partial Final Judgment order as provided in subparagraph (a) of this

Rule, any order which adjudicates fewer than all the claims or the rights and liabilities of fewer

than all the parties in the action is not a final judgment.

Former Rule 5:8A, promulgated by Order dated April 30, 2010; effective July 1, 2010.

Relocated and renumbered as Rule 1:2 by Order dated November 1, 2016; effective

January 1, 2017.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

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

Reporters shallmust be first duly sworn to take down and transcribe the

proceedings faithfully and accurately to the best of their ability, and shall beare subject to

the control and discipline of the judge.

When a reporter takes down any proceeding in a court, any person interested shall

beis 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.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

Rule 1:4. General Provisions as to Pleadings.

(a) Counsel tendering a pleading gives his assurance as an officer of the court that

it is filed in good faith and not for delay.

(b) A pleading that is sworn to is an affidavit for all purposes for which an

affidavit is required or permitted.

state his address.

(d) Every pleading shallmust state the facts on which the party relies in

numbered paragraphs, and it shall beis 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 shallwill be treated as a denial that the fact exists.

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

to instruments under seal.

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

defenses.

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

Electronically Filed Case, the procedures of Rule 1:17 shall be applicableapply to the

notation by the clerk of the date of filing.

(i) The mention in a pleading of an accompanying exhibit shall, of itself and

without more, makemakes such exhibit a part of the pleading. Filing of such exhibits

shall beis governed by Rule 3:4.

(j) Brevity is enjoined as the outstanding characteristic of good pleading. In any

pleading a simple statement, in numbered paragraphs, of the essential facts is sufficient.

(k) A party asserting either a claim, counterclaim, cross-claim, or third-party

claim or a defense may plead alternative facts and theories of recovery against alternative

parties, provided that such claims, defenses, or demands for relief so joined arise out of

the same transaction or occurrence. When two or more statements are made in the

alternative and one of them if made independently would be sufficient, the pleading is not

made insufficient by the insufficiency of one or more of the alternative statements. A

party may also state as many separate claims or defenses as he has regardless of

consistency and whether based on legal or equitable grounds.

(l) Every pleading, motion or other paper served or filed shallmust contain at

the foot the Virginia State Bar number, office address and telephone number of the

counsel of record submitting it, along with any electronic mail (E-mail) address and

facsimile number regularly used for business purposes by such counsel of record.

Last amended by Order dated November 1, 2012; effective January 1, 2013.

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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 shall

constituteconstitutes 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.

attorney – including a person confined in a state or local correctional facility proceeding

pro se – shallmust sign every pleading, motion, or other paper that he or she serves or

files, and shallmust state his or her address.

(d)

(1) Counsel of record shallmay 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 shallmust 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 shallmust

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

shallwill 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 shallmust 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 shallmust 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

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

shallwill 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 shallmust be made

upon

both the attorney making such limited scope appearance and the party on whose

behalf the appearance is made, who shallwill 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 shallmust 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 shallmust be accompanied by a declaration by the attorney

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

been satisfied, and shallmust 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 shall beis 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 shallmust grant the motion to

terminate the limited scope appearance.

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 shallmust 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 shallwill be deemed self-represented.

(5) Pilot Project. The provisions of this subpart (f) shallwill 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, shallmay be completed in

accordance with these provisions.

(6) Local Counsel or Covering Docket Calls. Nothing in this subpart (f)

shallwill 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.

Last amended by Order dated October 31, 2018; effective January 1, 2019.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

Rule 1:5A. Curing Signature Defects.

(a) Pro Se Litigants – Signature Defects. — A litigant appearing in propria persona

shallmust personally sign every pleading and paper served or filed, as required by Rule 1:5

and Virginia Code § 8.01-271.1. Subject to subpart (c) of this Rule, if a pleading or other

paper is not signed or is not validly signed, within a reasonable time thereafter the pro se

litigant may, upon written notice to all other parties, seek leave of court to properly sign such

pleading or other paper. Upon obtaining such permission from the court, the properly signed

pleading or other paper shall beis valid and shall relaterelates back to the date on which it was

originally served or filed.

(b) Curing Defective Signatures by Purported Representative; Relation Back. — If a

pleading or other paper filed on behalf of a party was not signed, or was signed by a person not

authorized to practice law in the Commonwealth, within a reasonable time thereafter counsel

authorized to practice law in Virginia may—upon notice to the opposing parties—seek leave

of court to properly sign and file such pleading or other paper. If permitted by the court in the

exercise of its discretion as provided in subpart (c) of this Rule, the properly executed pleading

or other paper shall beis valid and shall relaterelates back to the date on which it was originally

served or filed.

under subparts (a) or (b) of this Rule shall beremains within the sound discretion of the court,

and shallmay be liberally granted in furtherance of the ends of justice. An order granting such

leave may be conditioned with provisions necessary to protect other parties from unnecessary

burdens or prejudice. Such conditions may include a requirement that the party seeking to cure

the signature defect reimburse any extra costs and fees, including reasonable attorney's fees,

incurred by other parties solely as a result of the defective or missing signature. An order

granting leave to cure a signature defect shallmust specify a date for filing and service of the

properly executed paper.

(d) Statute of Limitations Governed by Statute. — If a complaint filed commencing a civil

action—as provided in Rule 3:2(a)—is dismissed because it was signed by a person who is not

authorized to practice law in Virginia, the statute of limitations for refiling of any claims

asserted therein shallwill be computed in light of the time the action was pending as required

by Virginia Code § 8.01-229(E)(1).

(e) Notices of Appeal. — If a notice of appeal from the circuit court is filed with only the

signature of an attorney or other purported representative who is not then authorized to

practice law in the Commonwealth, a later notice of appeal in the same proceeding on behalf

of the same party or parties and relating to the same judgment or order—if properly executed

by an attorney qualified to practice law in Virginia, and filed within 90 days after the

original—shall relaterelates back to the date of filing of the original notice of appeal.

Promulgated by Order dated May 31, 2017; effective August 1, 2017.

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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, shall beis 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 third-party

pleading.

(b) Effective Date. This rule shall applyapplies to all Virginia judgments entered

in civil actions commenced after July 1, 2006.

insurer from prosecuting separate personal injury and property damage suits arising out

of the same conduct, transaction or occurrence, and shalldo 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 shall 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 shallwill 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 shallwill 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.

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

filing a brief in opposition.

Last amended by Order dated October 31, 2018; effective January 1, 2019.

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Rule 1:8. Amendments.

No amendments shallmay be made to any pleading after it is filed save by leave

of court. Leave to amend shallshould 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 shallmust 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 shallwill 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

shallmust 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.

Last amended by Order dated March 1, 2011; effective May 2, 2011.

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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 shallwill

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 shall beis

subject to the provisions of Rule 1:17.

Last amended by Order dated March 1, 2011; effective May 2, 2011.

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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 shallshould 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 shallshould enter summary

judgment or partial summary judgment in conformity with its ruling on the motion to

strike.

Last amended by Order dated August 30, 2018; effective November 1, 2018.

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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

shallmust be served by delivering, dispatching by commercial delivery service for sameday 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 shall beis

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 shallmust 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 shallmust be served by mail or transmitted by

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

Last amended by Order dated October 31, 2018; effective January 1, 2019.

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Rule 1:13. Endorsements.

Drafts of orders and decrees shallmust be endorsed by counsel of record, or

reasonable notice of the time and place of presenting such drafts together with copies

thereof shallmust 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 shallmay be accomplished as

provided in Rule 1:17.

Last amended by Order dated March 1, 2011; effective May 2, 2011.

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Rule 1:15. Local Rules of Court.

(a) Whenever a local rule is prescribed by a circuit court it shallmust be spread

upon the order book and a copy with the date of entry shallmust 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 shall beis his responsibility to ascertain the rules of that

court and abide thereby. The clerk shallmust, 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 shallmust be

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

submission of instructions prior to trial, such local rule shallmust 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 shallmust, 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 district. This information shallwill 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 shallmust be produced on pages 8 1/2 by 11

inches in size and all typed material shallmust be double spaced except for

quotations.

(2) Subdivision (a)(1) of this Rule shalldoes not apply to tables, charts,

plats, photographs, and other material that cannot be reasonably reproduced on

paper of that size.

(b) No paper shallwill 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 shallmust certify that the substituted

paper is identical in content to the paper initially filed.

Last amended by Order dated March 1, 2011; effective May 2, 2011.

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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

(§§ 17.1-258.2 et seq.) of Chapter 2 of Title 17.1 of the Code of Virginia, this Rule shall

be applicableapplies 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).

(b) Definitions.

(1) "Electronic Document" means any defined set of textural matter,

graphic content or other encoded information in an approved format, that can be

read, printed, and stored or retained as electrical, magnetic or optically encoded

signals in some medium and that can be transmitted by a data-link.

(2) "Data-link" refers to any means of electronic transmission of a

document in a coded form such that the document can be received, read, printed,

and stored by the recipient.

(3) "E-Filing Portal" means the electronic web site maintained by the

Supreme Court of Virginia designated as the facility for electronically filing

documents, or an alternative which meets the standards set forth in this Rule and

is made available by individual circuit courts.

(4) "Electronic filing" means the official filing of an electronic document

on the court's docket and case files in electronic form by transmission over a datalink.

(5) "Electronically Filed Case" means a case in which pleadings,

motions, notices and other filings are made electronically in accordance with

these rules.

(6) "Hyperlink" means an electronic connection or reference to another

place in the document, such that when the hyperlink is selected the user is taken to

the portion of the document to which the link refers. It is not in itself a part of the

document.

set forth in subdivision (d) of this Rule, electronic filing systems under this Rule shall

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 shallwill 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 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 shallmust

include submission of all information required to effect the payment of fees.

Electronic submission of this information shallwill be deemed a signature by the

cardholder sender, authorizing the payment of document filing fees. This

information shallmust be kept confidential. There shallwill be an electronic

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

(7) No unauthorized person shall beis 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 shallmust 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 shall beis

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 shallmust 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 shallmust 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 shallmust be filed by following the

procedures of the applicable E-Filing Portal, and shallwill 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 shallwill 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 shallwill 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 shallwill 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 court-assigned document

reference or docketing number.

(6) A person who files a document electronically shall havehas the

same responsibility as a person filing a document in paper form to ensure

that the document is properly filed, complete, and readable. However,

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

timely file the electronic document, counsel shallmust 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 shallwill 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)

shallwill 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 shallmust 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 shallmust 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

shallmust notify the filing party as soon as practicable, by notice through

the E- Filing system, by telephone, or by other effective means.

(iii) A copy of all notices transmitted by the clerk under this

subpart (d)(7) shallmust be retained in the permanent electronic

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

shallmust 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 shallmust 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 shallmust 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 shallwill 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 shallwill be made a part of the electronic record, and the

endorsed original paper shallwill 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:

(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 shall be servedmust be served by electronic

transmission. Such service shall beis 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 shallmust specify the pleading to which such annotation pertains.

(3) An e-mail address of the counsel of record shallmust be included

in the electronic documents filed as required by Rule 1:4(l).

(4) The approved electronic identification accompanying the document

when filed shall constituteconstitutes 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 shall be applicableapply 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 shallmust 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,

shallmust electronically accompany the served papers and shall

satisfysatisfies Rule 1:12.

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

shallmust be served on each counsel of record. Such service may be by electronic

transmission and shallmust make provision for electronic endorsement by

multiple parties where applicable. Objections or other notations by the parties

shallmust be entered upon the drafts so circulated, or appended to such drafts by

specific cross- reference or other unambiguous association. Endorsed drafts

shallmust be submitted electronically whenever possible, and shallmust 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 shallmust be

filed in the clerk's office. The clerk shallmust accommodate the imaging of the

document into electronic form and shallmust retain the original endorsed

document.

Last amended by Order dated November 1, 2012; effective January 1, 2013.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

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 shallwill 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 shallwill 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 shallwill (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.

C. With the exception of domestic relations and eminent domain cases, a court

may not enter a scheduling order which deviates from the terms of the Uniform Pretrial

Scheduling Order unless either (1) counsel of record for all parties agree to different

provisions, or (2) the court, after providing an opportunity for counsel of record to be

heard, makes a finding that the scheduling order contained in the Appendix is not

consistent with the efficient and orderly administration of justice under the specific

circumstances of that case.

Last amended by Order dated May 31, 2017; effective August 1, 2017.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

Rule 1:20. Scheduling Civil Cases for Trial.

The circuit courts of the Commonwealth shallmust 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.

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 shallmust make accessible these procedures on the Internet.

The clerk of each district and circuit court shallmust make their respective

procedures available in the office of the clerk of that court.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

Rule 1:21. Preliminary Voir Dire Information.

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

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.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

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

Counsel shallmust be afforded the opportunity to challenge jurors for cause out

of the presence of the panel.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

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 shallmust collect juror notes and provide for their security until the trial

resumes. Upon conclusion of the trial, the court shallmust collect and destroy all juror

notes.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

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 and the additional

purpose of enabling defendants to restore their driver’s licenses pursuant to § 46.2-395, 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” shall meanmeans 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”

shall 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 shallmay 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, (v) the defendant is eligible for a restricted license under subsection E of § 46.2395, or (vi) of the total amount of all fines and costs.

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 shallmay 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 shallmust 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 shallshould

use a written financial statement, on a form developed by the Executive Secretary of the

Supreme Court, 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 shallmay not be

based solely on the amount of fines and costs and shallmust 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 shallmust 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 shallmay 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 shallmust be 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 shallmust

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 shallmust consider any change in the defendant’s

circumstances.

When a defendant enters into a subsequent payment agreement, a court shallmay not

require a defendant to establish a payment history on the subsequent payment agreement before

restoring

the defendant’s driver’s license. A court shallmust 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 shallmust not exceed 10 percent of such amount or (ii) if the fines

and costs owed are more than $500, the required down payment shallmust not exceed 5 percent

of such amount or $50, whichever is greater.

Promulgated by Order dated November 1, 2016; effective February 1, 2017.

Last amended by Order dated April 27, 2017; effective July 1, 2017.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

Rule 1:25. Specialty Dockets.

(a) Definition of and Criteria for Specialty Dockets. —

(1) When used in this Rule, the term “specialty dockets” refers to specialized court

dockets within the existing structure of Virginia's circuit and district court system

offering judicial monitoring of intensive treatment, supervision, and remediation

integral to case disposition.

(2) Types of court proceedings appropriate for grouping in a “specialty docket” are

those which (i) require more than simply the adjudication of discrete legal issues,

(ii) present a common dynamic underlying the legally cognizable behavior,

(iii) require the coordination of services and treatment to address that underlying

dynamic, and (iv) focus primarily on the remediation of the defendant in these

dockets. The treatment, the services, and the disposition options are those which

are otherwise available under law.

(3) Dockets which group cases together based simply on the area of the law at issue,

e.g., a docket of unlawful detainer cases or child support cases, are not considered

“specialty dockets.”

(b) Types of Specialty Dockets. — The Supreme Court of Virginia currently recognizes only

the following three types of specialty dockets: (i) drug treatment court dockets as

provided for in the Drug Treatment Court Act, § 18.2-254.1, (ii) veterans dockets, and

(iii) behavioral/mental health dockets. Drug treatment court dockets offer judicial

monitoring of intensive treatment and strict supervision in drug and drug-related cases.

The dispositions in the family drug treatment court dockets established in juvenile and

domestic relations district courts may include family and household members as defined

in Virginia Code § 16.1-228. Veterans dockets offer eligible defendants who are veterans

of the armed services with substance dependency or mental illness a specialized criminal

specialty docket that is coordinated with specialized services for veterans.

Behavioral/mental health dockets offer defendants with diagnosed behavioral or mental

health disorders judicially supervised, community-based treatment plans, which a team of

court staff and mental health professionals design and implement.

more types of these recognized specialty dockets must petition the Supreme Court of

Virginia for authorization before beginning operation of a specialty docket or, in the

instance of an existing specialty docket, continuing its operation. A petitioning court must

demonstrate sufficient local support for the establishment of this specialty docket, as well

as adequate planning for its establishment and continuation.

(d) Expansion of Types of Specialty Dockets. — A circuit or district court seeking to

establish a type of specialty docket not yet recognized under this rule must first

demonstrate to the Supreme Court that a new specialty docket of the proposed type meets

the criteria set forth in subsection (a) of this Rule. If this additional type of specialty

docket receives recognition from the Supreme Court of Virginia, any local specialty

docket of this type must then be authorized as established in subsection (c) of this Rule.

(e) Oversight Structure. — By order, the Chief Justice of the Supreme Court may establish a

Specialty Docket Advisory Committee and appoint its members. The Chief Justice may

also establish separate committees for each of the approved types of specialty dockets.

The members of the Veterans Docket Advisory Committee, the Behavioral/Mental

Health Docket Advisory Committee, and the committee for any other type of specialty

docket recognized in the future by the Supreme Court shallwill be chosen by the Chief

Justice. The State Drug Treatment Court Advisory Committee established pursuant to

Virginia Code § 18.2-254.1 shall constituteconstitutes the Drug Treatment Court Docket

Advisory Committee.

(f) Operating Standards. — The Specialty Docket Advisory Committee, in consultation with

the committees created pursuant to subsection (e), shallwill establish the training and

operating standards for local specialty dockets.

(g) Financing Specialty Dockets. — Any funds necessary for the operation of a specialty

docket shallwill be the responsibility of the locality and the local court, but may be

provided via state appropriations and federal grants.

(h) Evaluation. — Any local court establishing a specialty docket shallmust provide to the

Specialty Docket Advisory Committee the information necessary for the continuing

evaluation of the effectiveness and efficiency of all local specialty dockets.

Promulgated by Order date November 14, 2016; effective January 16, 2017.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

APPENDIX

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

Counsel for all parties, unless compliance is waived by the court, shallmust, 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 shalldoes not

preclude the offering of additional instructions at the trial.

Last amended by Order dated March 1, 2011; effective May 2, 2011.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

APPENDIX

Rule 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 shallmust 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 shallwill 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 shallmust 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 shallmust be identified on or before 90 days before trial. If requested

in discovery, defendant’s and all other opposing experts shallmust 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 shallmust 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 shallmust be

provided or the expert will not ordinarily be permitted to express any nondisclosed

opinions at trial. The foregoing deadlines shallwill 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 shallmust 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 shallmust 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 shallmust be filed with the Clerk of the Court simultaneously therewith

but the exhibits shallshould 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 shallmust state the legal reasons therefor except

on relevancy grounds, and shallmust 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 shallmust 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.

IX. Continuances

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

X. Jury Instructions

Counsel of record, unless compliance is waived by the court, shallmust, two business

days before a civil jury trial date, exchange proposed jury instructions. At the

commencement of trial, counsel of record shallmust tender the court the originals of all

agreed upon

instructions and copies of all contested instructions with appropriate citations. This

requirement shalldoes not preclude the offering of additional instructions at the trial.

XI. Deposition Transcripts to be Used at Trial

Counsel of record shallmust 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, shallmust 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. Waiver or Modification of Terms of Order

Upon motion, the time limits and prohibitions contained in this order may be waived or

modified by leave of court for good cause shown.

Last amended by Order dated Friday, February 26, 2010; effective May 3, 2010.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE

RULES APPLICABLE TO ALL PROCEEDINGS

APPENDIX

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 shallmust 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 shallmust prepare and submit a sketch order for the

court’s use in appointing and summoning commissioners for trial.

II. Discovery

The parties shallmust 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 shallwill 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 shallmust 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 shallmust be identified on or before 120 days

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

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 shallmust 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 shallmust be provided. An expert

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

deadlines shallwill 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 shallmust 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 shallmust 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

shallmust be filed with the Clerk of the Court simultaneously therewith but the exhibits

shallshould 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 shallmust state the legal reasons therefor except on relevancy grounds,

and shallmust 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

shallmust 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.

IX. Continuances

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

X. Instructions

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

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

shallmust 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 shallwill not preclude the offering of additional

instructions at the trial.

XI. Deposition Transcripts to be Used at Trial

Counsel of record shallmust 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,

shallmust 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 shall beis 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.

XIII. Waiver or Modification of Terms of Order

Upon motion, the time limits and prohibitions contained in this order may be waived or

modified by leave of court for good cause shown.

Adopted by Order dated May 31, 2017; effective August 1, 2017.

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

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

INTRODUCTION

Each person who has met the educational requirements and has proved that he or she satisfies

the character and fitness requirements as established by the law of Virginia may seek admission to

the Virginia Bar by taking the Virginia Bar Examination. A primary purpose of the Virginia Bar

Examination is to determine whether an applicant is able to demonstrate his or her current minimum

competency to engage in the practice of law in Virginia.

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” shall meanmeans practicing law for a minimum of 32 hours per week.

The Supreme Court of Virginia has assigned to the Virginia Board of Bar Examiners (the

"Board") the responsibility to assess the information furnished by an applicant for admission without

examination and to determine, from the information so furnished, whether the applicant's experience

in the practice of law is sufficient to demonstrate his or her current competence, good character, and

fitness to practice law in Virginia.

In order to guide the Board in its determinations, the Court has adopted the following criteria

to be applied by the Board in assessing applications for admission to the bar of Virginia without

examination:

THRESHOLD REQUIREMENTS

1. Reciprocity. The Board shallwill 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 shallwill 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 shall meanmeans (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 shalldoes not mean document review work.

5. Legal Education. The applicant must have received a J.D. degree from a law school that

was approved by the American Bar Association at the time of such applicant's graduation.

6. Bar Examination History. The applicant must have failed no more than two bar

examinations of any of the states or territories of the United States (including Virginia), or the

District of Columbia, and must have failed no bar examination within the five years immediately

preceding the application for admission to the Virginia Bar.

7. Instruction in Virginia Law. The applicant must have completed twelve (12) hours of

instruction approved by the Virginia Continuing Legal Education Board on Virginia substantive

and/or procedural law within six (6) months immediately prior to filing an application and must have

read and be familiar with the Virginia Rules of Professional Conduct.

ASSESSMENT OF FITNESS AND PROGRESS

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

requirements, the Board shallwill 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 primary purposes of character and fitness screening before admission to the Virginia Bar

are to assure the protection of the public and safeguard the system of justice. An attorney should be

one whose record of conduct justifies the trust of clients, adversaries, courts, and others with respect

to the professional duties owed to them. A record manifesting a significant deficiency in the honesty,

trustworthiness, diligence, or reliability of an applicant may constitute a basis for denial of admission.

The revelation or discovery of any of the following may be treated as cause for further inquiry before

the Board decides whether the applicant possesses the character and fitness to practice law:

commission or conviction of a crime;

violation of the honor code of the applicant's college or university, law school,

or other academic misconduct;

making of false statements or omissions, including failing to provide complete

and accurate information concerning the applicant's past;

misconduct in employment;

other than an honorable discharge from any branch of the armed services;

acts involving dishonesty, fraud, deceit or misrepresentation;

abuse of legal process;

neglect of financial responsibilities;

neglect of professional obligations;

violation of an order of a court;

denial of admission to the bar in another jurisdiction on character and fitness

grounds;

disciplinary action by a lawyer disciplinary agency or other professional

disciplinary agency of any jurisdiction, including pending, unresolved disciplinary complaints

against the applicant;

commission of an act constituting the unauthorized practice of law, or

unresolved complaints involving allegations of the unauthorized practice of law;

any other conduct which reflects adversely upon the character or fitness of an

applicant.

The Board shallwill 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:

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;

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

materiality of any omissions or misrepresentations.

The Board's obligation to the public requires the Board to address recent mental health and

chemical or psychological dependency matters, which may affect, or if untreated could affect, an

applicant's ability to perform any of the obligations and responsibilities of a practicing lawyer in a

competent and professional manner. Accordingly, the Board will inquire concerning

mental or emotional instability, and

ii.

existing and untreated drug or alcohol dependency.

The mere fact of treatment for mental health problems or chemical or psychological

dependency is not, in itself, a basis on which an applicant is ordinarily denied admission in Virginia,

and the Board of Bar Examiners regularly recommends the issuance of certificates to individuals who

have demonstrated personal responsibility and maturity in dealing with mental health and chemical or

psychological dependency issues. The Board encourages applicants who may benefit from treatment

or counseling to seek it. A license or certificate may be denied or deferred when an applicant's ability

to function is impaired in a manner relevant to the practice of law at the time the admission decision

is made, or when an applicant demonstrates a lack of candor by his or her responses.

In addition, an application will not be approved unless the applicant is a member in good

standing of the bar of the Reciprocal Jurisdiction at the time the Board receives the character report

and conducts its review of that report. If the applicant's license has ever been suspended or revoked in

any jurisdiction, it must be fully reinstated and in good standing (no pending disciplinary charges).

In evaluating whether an applicant has demonstrated satisfactory progress in the practice of

law for admission to the practice of law in Virginia without examination, the Board considers

whether the following requirements are evident from the information supplied by the applicant and

from the investigative report:

Knowledge of the fundamental principles of law and the ability to recall that

knowledge, to reason, to analyze, and to apply one's knowledge to relevant facts;

The ability to communicate clearly, candidly and civilly with clients, attorneys,

courts, and others;

The ability to exercise good judgment in conducting one's professional

business;

The ability to conduct oneself with a high degree of honesty, integrity, and

trustworthiness in all professional relationships and with respect to all legal obligations;

The ability to conduct oneself with respect for and in accordance with the law

and the Rules of Professional Conduct;

The ability to avoid acts that exhibit disregard for the health, safety and

welfare of others;

The ability to conduct oneself diligently and reliably in fulfilling all obligations

to clients, attorneys, courts, and others;

The ability to use honesty and good judgment in financial dealings on behalf of

oneself, clients, and others;

The ability to comply with deadlines and time constraints; and

10.

The ability to conduct oneself professionally and in a manner that engenders

respect for the law and the profession.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE A

FOREIGN ATTORNEYS

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 shallmust:

(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;

(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.

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 shallwill

determine whether the nature of such restriction or condition is inconsistent with the

practice of law and, if so, shallwill 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 shallwill approve the application and shall 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 shallwill become an active member of the Virginia

State Bar. An attorney admitted pursuant to the Rule shall be deemedis 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

shallwill be deemed the practice of law and shallwill 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 status to associate, judicial, disabled, retired or emeritus

shall, 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.

Last amended by Order dated September 14, 2018; effective December 1, 2018.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE A

FOREIGN ATTORNEYS

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 §

54.1-3901(A) prior to July 1, 2000, pursuant to this Rule 1A:2 prior to July 1, 2000,

shallmay hold himself or herself out as authorized to practice law generally in this

Commonwealth.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE A

FOREIGN ATTORNEYS

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 shallmust appear on all

notices, orders, pleadings, and other documents filed in the case. Local counsel shallmust

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 shallmust accept joint responsibility with the outof-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) shall beis invalid unless it is signed by local counsel. The

tribunal in which such case is pending shall havehas 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 shall be deemedis 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 shallmust 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-of-state 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

shallwill specify a time limit within which the out-of-state lawyer must complete the

application procedures, and any temporary pro hac vice admission shall beis 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-ofstate lawyer shallmust deliver to local 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 shall be paid to the Clerk of the Supreme Court of

Virginia. The tribunal shall file a copy of the notarized application, as well as its

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

shallmust be retained in a separate file containing all applications. The clerk of

the tribunal shallmust 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 shallmust 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 shallmust 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.

counsel pro hac vice shallmust be entered by the tribunal promptly and a copy of

the order shallmust be forwarded to the Clerk of the Supreme Court. An out-ofstate lawyer shallmay 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 shall beis 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

shallmust 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 shallshould 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 shallwill 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 shallwill 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 shall have 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 shall

havehas 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 shallmust

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.

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

admitted pro hac vice pursuant to this rule shall beis 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-ofstate 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.

10. In-State Services Related to Out-of-State Proceedings. Subject to the

requirements and limitations of Rule 5.5 of the Virginia Rules of Professional Conduct,

an out-of-state lawyer may provide the following services without the entry of a pro hac

vice order:

(a) In connection with a proceeding pending outside of Virginia, an out-ofstate lawyer admitted to appear in that proceeding may render legal services in

Virginia pertaining to or in aid of such proceeding.

(b) In connection with a case in which an out-of-state lawyer reasonably

believes he is eligible for admission pro hac vice under this rule: (1) the out-ofstate lawyer may consult in Virginia with a member of the Virginia State Bar

concerning a pending or potential proceeding in Virginia; (2) the out-of-state

lawyer may, at the request of a person in Virginia contemplating or involved in a

proceeding in Virginia, consult with that person about that person's retention of

the out-of-state lawyer in connection with that proceeding; and (3) on behalf of a

client residing in Virginia or elsewhere, the out-of-state lawyer may render legal

services in Virginia in preparation for a potential case to be filed in Virginia.

participate in an ADR process, regardless of where the ADR process or

proceeding is expected to take place or actually takes place.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE A

FOREIGN ATTORNEYS

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

Introduction

Notwithstanding any rule of this Court to the contrary, after July 1, 2004, 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, shallmust 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, shallmay 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 State

Bar for a certificate as a Registered 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) Each applicant for a Corporate Counsel Certificate shallmust:

(1) File with the Virginia State Bar an application, under oath, upon a

form furnished by the Virginia State Bar.

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

resort of a 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.

(3) File an affidavit, upon a form furnished by the Virginia State Bar, 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 shallwill notify the Virginia State Bar immediately upon the

termination of the applicant's employment.

(4) Certify that the applicant has read and is familiar with the Virginia

Rules of Professional Conduct.

(5) Pay an application fee of one-hundred and fifty dollars.

is pending with the Virginia State Bar 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)(3) of this

rule.

(d) Upon a finding by the Virginia State Bar that the applicant has complied with

the requirements of Part I(b) of this rule, the Virginia State Bar shallwill 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

shallwill be issued a Corporate Counsel Certificate, which shallwill permit the applicant

to practice law in Virginia solely as provided in Part I(f) 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 or by appearing before a judge of a court of

record in Virginia. The necessary motion and oath for an applicant who appears before a

judge of a court of record can be found in the Appendix of Forms following Part One A

of the Rules.

(e) A lawyer issued a Corporate Counsel Certificate shall immediately

becomebecomes an active member of the Virginia State Bar, with his or her practice

limited as provided in Part I(f) of this rule, and shallmust pay to the Virginia State Bar

the annual dues required of regularly admitted active members of the Virginia State Bar.

(f) The practice of a lawyer certified pursuant to Part I of this rule shall beis

limited to practice exclusively for the Employer furnishing the affidavit required by Part

I(b)(3) 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 (g) below, no lawyer certified pursuant to Part I of this rule

shallmay (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.

(g) Notwithstanding the restrictions set out in Part I (f) above 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.

(h) All legal services provided in Virginia by a lawyer certified pursuant to Part I

of this rule shall beare deemed the practice of law in Virginia and shallwill subject 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 shallwill continue

whether or not the lawyer retains the Corporate Counsel Certificate and irrespective of

the lawyer's presence in Virginia.

(i) A lawyer certified pursuant to Part I of this rule shall beis 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 shallmust 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)(3) of this rule.

(j) A lawyer certified pursuant to Part I of this rule shallmust 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.

(k) A lawyer's authority to practice law which may be permitted pursuant to Part I

of this rule shall beis automatically suspended when (i) employment by the Employer

furnishing the affidavit required by Part I(b)(3) 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 shallwill 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

shallmust 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 shallmay petition for reinstatement pursuant to Part 6,

Section IV, Paragraph 13 I.7. of the Rules of the Supreme Court of Virginia.

The period of time a lawyer practices law is permitted by a Corporate Counsel

Certificate issued pursuant to Part I of this rule shallmay be considered in

determining whether the lawyer has fulfilled the requirements 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.

(m) The Virginia State Bar may adopt regulations as needed to implement the

requirements of Part I of this rule.

Part II

Corporate Counsel Registrants

(a) Notwithstanding the requirements of Part I of this rule, any lawyer as defined

in the Introduction and Part I(a) of this rule may register with the Virginia State Bar as a

"Corporate Counsel Registrant." A person admitted to the practice of law only in a

country other than the United States, and who is a member in good standing of a

recognized legal profession in that country, the members of which are admitted to

practice law as lawyers, counselors at law, or the equivalent, and are subject to effective

regulation and discipline by a duly constituted professional body or public authority, may

also register under Part II of this rule.

(b) A registrant shallmust:

(1) Register with the Virginia State Bar upon a form, under oath, furnished

by the Virginia State Bar, which shallmust 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 shallwill notify the Virginia State Bar immediately upon the

termination of the registrant's employment.

(4) Certify that the registrant has read and is familiar with the Virginia

Rules of Professional Conduct.

(5) Pay a registration fee of one hundred and fifty dollars.

Virginia State Bar until the registrant is notified that either (i) his or her registration is

rejected; or (ii) he or she is eligible to practice pursuant to Part II of this rule, the

registrant may be employed in Virginia as a Corporate Counsel Registrant on a

provisional basis by the Employer furnishing the affidavit required by Part II(b)(3) of this

rule.

(d) Upon completion of the requirements of Part II(b) of this rule, the registrant

shallwill immediately be recorded by the Virginia State Bar as a Corporate Counsel

Registrant. Each registrant shallmust 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 shallmay (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 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 shall beis 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 shallwill 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 shallmust 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 shallmust 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.

(ii) A lawyer's authority to provide legal services which may be permitted

pursuant to Part II of this rule shallwill be automatically suspended when (i)

employment by the Employer furnishing the affidavit required by Part II(b)(3) of this

rule is terminated,

(iii)

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 shallmay 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 shallmust 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, shallmay petition for

reinstatement pursuant to Part 6, Section IV, Paragraph 13 I.7. of the Rules of the

Supreme Court of Virginia.

(i) No time spent as Corporate Counsel Registrant shallwill be

considered in determining eligibility for admission to the Virginia Bar without

examination.

(j) The Virginia State Bar may adopt regulations as needed to implement the

requirements of Part II of this rule.

Last amended by Order dated June 10, 2011; effective June 10, 2011.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE A

FOREIGN ATTORNEYS

Rule 1A:6. Foreign Attorneys - Registered Military Legal Assistance Attorneys.

(a) A lawyer admitted to the practice of law in a state or territory of the United

States, other than Virginia, who is serving in or employed by the armed services and is

authorized to provide legal assistance pursuant to 10 U.S. Code § 1044, may apply to the

Board of Bar Examiners for a certificate as a Registered Military Legal Assistance

Attorney in Virginia ("Military Legal Assistance Attorney Certificate") to represent

clients eligible for legal assistance in the courts and tribunals of this Commonwealth

while the lawyer is employed, stationed, or assigned within Virginia.

(b) Each applicant for a Military Legal Assistance Attorney Certificate shallmust:

(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.

(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,

shallwill notify the Virginia State Bar immediately upon the termination of the

applicant's employment or service at the military base.

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 shallwill 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 shallwill issue to the

applicant a Military Legal Assistance Attorney Certificate, which shall entitleentitles 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

shallmust 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 shall

beis 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 shall beis 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:

(1) Adoptions,

(2) Guardianships,

(3) Name changes,

(4) Divorces,

(5) Paternity,

(6) Child custody and visitation, and child and spousal support,

(7) Landlord-tenant disputes on behalf of tenants,

(8) Consumer advocacy cases involving alleged breaches of contracts or

warranties, repossession, or fraud,

(9) Garnishment defense,

(10) Probate,

(11) Enforcement of rights under the Soldiers' and Sailors' Civil Relief Act

of 1940 (50 U.S. Code App. §§ 501-548, 560-593),

(12) Enforcement of rights under the Uniformed Services Employment

and Reemployment Rights Act of 1994 (38 U.S. Code §§ 4301-4333), and

(13) Such other cases within the discretion of the court or tribunal before

which the matter is pending.

(f) Representation in proceedings before courts or tribunals of this

Commonwealth shall beis 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 shallmay (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 shall beis deemed the practice of law and shallwill

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 shallwill continue whether or not the lawyer retains the Military Legal

Assistance Attorney Certificate and irrespective of the lawyer's presence in Virginia.

(i) Each person registered with the Virginia State Bar as an active member on the

basis of a Military Legal Assistance Attorney Certificate shall beis 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 shallmust 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

shallmust 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

shall beis 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 shallwill 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 shallmay 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.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE A

FOREIGN ATTORNEYS

Rule 1A:7. Certification of Foreign Legal Consultants.

(a) General Requirements. A person admitted to practice law by the duly

constituted and authorized professional body or governmental authority of any foreign

nation may apply to the Virginia Board of Bar Examiners ("Board") for a certificate as a

foreign legal consultant, provided the applicant:

(1) is a member in good standing of a recognized legal profession in a

foreign nation, the members of which are admitted to practice as attorneys or

counselors at law or the equivalent and are subject to effective regulation and

discipline by a duly constituted professional body or a governmental authority;

(2) for at least five of the seven years immediately preceding his or her

application has been a member in good standing of such legal profession and has

actually been engaged in the authorized practice of law, substantially involving or

relating to the rendering of advice or the provision of legal services concerning

the law of the said foreign nation;

(3) possesses the good moral character and general fitness requisite for a

member of the bar of this Commonwealth;

(4) is at least twenty-six years of age; and

(5) intends to practice as a foreign legal consultant in this Commonwealth

and maintain an office in this Commonwealth for that purpose.

(b) Proof Required. An applicant under this rule shallmust file with the secretary of the

Board:

(1) an application for a foreign legal consultant certificate, on a form

furnished by the Board,

(2) a certificate, for each foreign nation in which the applicant is admitted

to practice, from the professional body or governmental authority in such foreign

country having final jurisdiction over professional discipline, certifying as to the

applicant's admission to practice and the date thereof, and as to his or her good

standing as an attorney or counselor at law or the equivalent;

(3) a letter of recommendation, for each foreign nation in which the

applicant is admitted to practice, from one of the members of the executive body

of such professional body or governmental authority or from one of the judges of

the highest law court or court of original jurisdiction of such foreign country;

(4) a duly authenticated English translation of each certificate and letter if,

in either case, it is not in English;

(5) a copy or summary of the law, regulations, and customs of the foreign

country that describes the opportunity afforded to a member of the Virginia State

Bar ("the Bar") to establish an office to provide legal services to clients in such

foreign country, together with an authenticated English translation if it is not in

English;

(6) the requisite documentation establishing the applicant's compliance

with the immigration laws of the United States; and

(7) such other evidence as to the applicant's educational and professional

qualifications, good moral character and general fitness, and compliance with the

requirements of paragraph (a) of this rule as the Board may require.

considering whether to certify an applicant to practice as a foreign legal consultant, the

Board may in its discretion take into account whether a member of the Bar would have a

reasonable and practical opportunity to establish an office and give legal advice to clients

in the applicant's country of admission. Any member of the Bar who is seeking or has

sought to establish an office or give advice in that country may request the Board to

consider the matter, or the Board may do so sua sponte.

(d) Scope of Practice. A person certified to practice as foreign legal consultant

under this Rule may render legal services in the Commonwealth only with regard to

matters involving the law of foreign nation(s) in which the person is admitted to practice

or international law. For purposes of this paragraph, the term "international law" means a

body of laws, rules or legal principles that are based on custom, treaties or legislation and

that control or affect (1) the rights and duties of nations in relation to other nations or

their citizens, or (2) the rights and obligations pertaining to international transactions.

The practice permitted under this rule does not authorize the foreign legal

consultant to appear in court.

(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

shall beis entitled and subject to:

(1) the rights and obligations contained in the Virginia Rules of

Professional Conduct as set forth in Part 6, Section II of the Rules of the Supreme

Court of Virginia; and the procedure for disciplining attorneys as set forth in Part

6, Section IV, Paragraph 13 of the Rules of the Supreme Court of Virginia

(2) the rights and obligations of a member of the Bar with respect to:

(i) affiliation in the same law firm with one or more members of

the bar of this Commonwealth, including by:

(A) employing one or more members of the Bar;

(B) being employed by one or more members of the Bar or

by any partnership or other limited liability entity authorized to

practice law pursuant to Part 6, Section IV, Paragraph 14 of the

Rules of the Supreme Court of Virginia, which such entity includes

an active member of the Bar or which maintains an office in this

Commonwealth;

shareholder in any partnership or other professional limited

liability entity authorized by Part 6, Section IV, Paragraph 14 to

practice law in this Commonwealth which includes an active

member of the Bar or which maintains an office in this

Commonwealth;

(ii) employment as in-house counsel under Part II of Rule 1A:5;

and

(iii) attorney-client privilege, work-product privilege and similar

professional privileges.

(3) No time spent practicing as a foreign legal consultant shallwill 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 shall beis 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) shall beis 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) shallmust 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

forth his or her address in this Commonwealth which shallmust 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 shallmust be one where process can be served

and the foreign legal consultant shall havehas 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 shallmust 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 shallmust pay an annual fee to the Virginia State

Bar which shallwill 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 shallwill 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 shallwill revoke the certificate granted to

such person hereunder.

(i) Reinstatement. Any foreign legal consultant whose authority to practice is

suspended shallmay 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 shall beis 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 shall beis 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 shall beis deemed superseded by the admission of such person to the Bar.

(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 shall becomebecomes effective on January 1, 2009.

RULES OF SUPREME COURT OF VIRGINIA

PART ONE A

FOREIGN ATTORNEYS

Rule 1A:8. Military Spouse Provisional Admission.

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.

Required Evidence. The applicant for provisional admission shallmust

submit evidence satisfactory to the Virginia Board of Bar Examiners (the "Board") that

he or she:

(a)

has been admitted by examination to practice law before the court

of last resort of any state or territory of the United States or of the District of

Columbia;

(b)

holds a Juris Doctor degree from a law school accredited by the

American Bar Association at the time of such applicant’s graduation;

(c)

has achieved a passing score on the Multistate Professional

Responsibility Examination as it is established in Virginia at the time of

application;

(d)

is currently an active member in good standing in at least one state

or territory of the United States, or the District of Columbia, where the applicant

is admitted to the unrestricted practice of law, and is a member in good standing

in all jurisdictions where the applicant has been admitted;

(e)

is not currently subject to lawyer discipline or the subject of a

pending disciplinary matter in any other jurisdiction;

(f)

possesses the good character and fitness to practice law in

Virginia;

(g)

is the dependent spouse of an active duty service member of the

United States Uniformed Services as defined by the Department of Defense (or,

for the Coast Guard when it is not operating as a service in the Navy, by the

Department of Homeland Security) and that the service member is on military

orders stationed in the Commonwealth of Virginia or the National Capitol region,

as defined by the Department of Defense;

(h)

is physically residing in Virginia;

(i)

has submitted all requested character investigation information, in

a manner and to the extent established by the Board, including all required

supporting documents;

(j)

has never failed the Virginia Bar Examination;

(k)

has completed twelve (12) hours of instruction approved by the

Virginia Continuing Legal Education Board on Virginia substantive and/or

procedural law, including four (4) hours of ethics, within the six-month period

immediately preceding or following the filing of the applicant’s application;

(l)

certifies that he or she has read and is familiar with the Virginia

Rules of Professional Conduct; and

(m)

has paid such fees as may be set by the Board to cover the costs of

the character and fitness investigation and the processing of the application.

Issuance, Admission, Duration and Renewal.

(a) Issuance. - The Board having certified that all prerequisites have

been complied with, the applicant for provisional admission shallwill, 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 shall beis 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 shall

beare deemed the practice of law and shallwill 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 shallmust 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 shall remainremains effective

until the attorney's provisional admission is terminated pursuant to paragraph 5

of this Rule.

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.

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.

(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.

Counsel shallmust 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.

Events of Termination. An attorney's provisional admission to practice

law pursuant to this Rule shallwill immediately terminate and the attorney shallmust

immediately cease all activities under this Rule upon the occurrence of any of the

following:

(a)

The spouse's discharge, separation or retirement from active duty

in the United States Uniformed Services, or the spouse's no longer being on

military orders stationed in the Commonwealth of Virginia or the National

Capitol region as defined by the Department of Defense, except as provided in

section 3(c) of this Rule;

(b)

Failure to meet the annual licensing requirements of an active

member of the Virginia State Bar;

(c)

The absence of supervision by Local Counsel;

(d)

The attorney no longer physically residing within the

Commonwealth of Virginia;

(e)

The attorney ceasing to be a dependent as defined by the

Department of Defense (or, for the Coast Guard when it is not operating as a

service in the Navy, by the Department of Homeland Security) on the spouse's

official military orders;

(f)

The attorney being admitted to practice law in this Commonwealth

under an admissions rule other than that of Provisional Admission;

(g)

The attorney receiving a failing score on the Virginia Bar

Examination;

(h)

The attorney being suspended from the practice of law in Virginia;

(i)

Request by the attorney.

Notices Required.

(a)

An attorney provisionally admitted under this Rule shallmust

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 shallmust:

(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 shallmust 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.

Benefits and Responsibilities. An attorney provisionally admitted under

this Rule shall beis entitled to the benefits and be subject to all responsibilities and

obligations of active members of the Virginia State Bar, and shall beis 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.

Promulgated by Order dated May 16, 2014; last amended by Order dated

February 27, 2015, effective immediately.

RULES OF SUPREME COURT OF VIRGINIA

PART TWO

VIRGINIA RULES OF EVIDENCE

ARTICLE I. GENERAL PROVISIONS

Rule 2:101 TITLE

These Rules shall beare known as Virginia Rules of Evidence.

Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012.

RULES OF SUPREME COURT OF VIRGINIA

PART TWO

VIRGINIA RULES OF EVIDENCE

ARTICLE I. GENERAL PROVISIONS

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 shall havehas no effect on current law or practice on that topic.

Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012.

RULES OF SUPREME COURT OF VIRGINIA

PART TWO

VIRGINIA RULES OF EVIDENCE

ARTICLE I. GENERAL PROVISIONS

Rule 2:103 OBJECTIONS AND PROFFERS

(a) Admission or exclusion of evidence. Error may not be predicated upon admission or

exclusion of evidence, unless:

(1) As to evidence admitted, a contemporaneous objection is stated with reasonable

certainty as required in Rule 5:25 and 5A:18 or in any continuing objection on the record to a

related series of questions, answers or exhibits if permitted by the trial court in order to avoid

the necessity of repetitious objections; or

(2) As to evidence excluded, the substance of the evidence was made known to the court

by proffer.

(b) Hearing of jury. In jury cases, proceedings shallmust be conducted so as to prevent

inadmissible evidence from being made known to the jury.

Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012.

RULES OF SUPREME COURT OF VIRGINIA

PART TWO

VIRGINIA RULES OF EVIDENCE

ARTICLE I. GENERAL PROVISIONS

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 shallmust be 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.

shallmust be conducted out of the hearing of the jury. Hearings on other preliminary matters in

all cases shallmust 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.

(d) Testimony by accused. The accused does not, by testifying upon a preliminary matter,

become subject to cross-examination as to other issues in the case.

(e) Evidence of weight or credibility. This rule does not limit the right of any party to

introduce before the jury evidence relevant to weight or credibility.

Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012.

RULES OF SUPREME COURT OF VIRGINIA

PART TWO

VIRGINIA RULES OF EVIDENCE

ARTICLE I. GENERAL PROVISIONS

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 shallmust 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.

Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012.

RULES OF SUPREME COURT OF VIRGINIA

PART TWO

VIRGINIA RULES OF EVIDENCE

ARTICLE II. JUDICIAL NOTICE

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

shallmay take judicial notice thereof whether specially pleaded or not.

(b) Sources of Information. The court, in taking such notice, shallmust 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.

Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012.

RULES OF SUPREME COURT OF VIRGINIA

PART TWO

VIRGINIA RULES OF EVIDENCE

ARTICLE II. JUDICIAL NOTICE

Rule 2:203

8.01-388)

JUDICIAL NOTICE OF OFFICIAL PUBLICATIONS (derived from Code §

The court shallmust 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.

Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012.

RULES OF SUPREME COURT OF VIRGINIA

PART TWO

VIRGINIA RULES OF EVIDENCE

ARTICLE IV. RELEVANCY, POLICY, AND CHARACTER TRAIT PROOF

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 shallis not be 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.

Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012.

RULES OF SUPREME COURT OF VIRGINIA

PART TWO

VIRGINIA RULES OF EVIDENCE

ARTICLE IV. RELEVANCY, POLICY, AND CHARACTER TRAIT PROOF

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 shall beis admissible, subject to the general rules of evidence.

Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012.

RULES OF SUPREME COURT OF VIRGINIA

PART TWO

VIRGINIA RULES OF EVIDENCE

ARTICLE IV. RELEVANCY, POLICY, AND CHARACTER TRAIT PROOF

Rule 2:410

WITHDRAWN

STATEMENTS

PLEAS,

OFFERS

PLEAD,

AND

Admission of evidence concerning withdrawn pleas in criminal cases, offers to plead, and

related statements shall beis governed by Rule 3A:8(c)(5) of the Rules of Supreme Court of

Virginia and by applicable provisions of the Code of Virginia.

Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012.

RULES OF SUPREME COURT OF VIRGINIA

PART TWO

VIRGINIA RULES OF EVIDENCE

ARTICLE IV. RELEVANCY, POLICY, AND CHARACTER TRAIT PROOF

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 shallmust not be admitted. Unless the complaining witness voluntarily agrees otherwise,

evidence of specific instances of his or her prior sexual conduct shallmay be admitted only if it is

relevant and is:

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