Rule 3A:2. Purpose and Interpretation; Definitions

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Rules of the Supreme Court of Virginia › Criminal Practice And Procedure › Part 3A - Criminal Practice And Procedure › Va. Sup. Ct. R. 3A:2

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

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(a) Purpose and Interpretation. — These Rules are intended to provide for the just

determination of criminal proceedings. They should be interpreted so as to promote

uniformity and simplicity in procedure, fairness in administration, and the elimination of

unjustifiable expense and delay. Errors, defects, irregularities or variances that do not

affect substantive rights do not constitute reversible error.

(b) Definitions. — Except as otherwise expressly provided in this Part Three A or

unless the context otherwise requires:

(1) "Clerk" includes deputy clerk.

(2) "Commonwealth's attorney" includes assistant or acting

Commonwealth's attorney.

(3) "Continuance" includes adjournment or recess.

(4) "Indictment" includes presentment and information filed upon

presentment.

(5) "Magistrate" means a judicial or quasi-judicial officer authorized to

issue arrest and search warrants, commit arrested persons to jail or admit them to

bail, or conduct preliminary hearings.

(6) "Recognizance" means an undertaking, with or without surety

or other security, made before a magistrate to perform one or more acts - for

example, to appear in court. A recognizance may be written or oral but, if oral,

must be evidenced by a memorandum signed by the magistrate.

(7) Writings or memoranda under these Rules, and any required

signatures or sworn verifications, are valid in the form of electronic files or digital

images as provided in Rule 1:17.

PART THREE A

CRIMINAL PRACTICE AND PROCEDURE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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Rule 3A:2. Purpose and Interpretation; Definitions · Va. Sup. Ct. R. 3A:2 | Frix