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
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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
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