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Code of Virginia

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Chapter 14.
Evidence
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  • Article 1.
    Judicial Notice
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    • § 8.01-385
    Definitions
    § 8.01-386
    Judicial notice of laws (Supreme Court Rule 2:202 derived in part from this section)
    § 8.01-387
    Notice by courts and officers of signatures of judges and Governor
    § 8.01-388
    Judicial notice of official publications (Supreme Court Rule 2:203 derived from this section)
  • Article 2.
    Laws, Public Records, and Copies of Original Records As Evidence
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    • § 8.01-389
    Judicial records as evidence; full faith and credit; recitals in deeds, deeds of trust, and mortgages; "records" defined; certification
    § 8.01-390
    Nonjudicial records as evidence (Subdivision (10)(a) of Supreme Court Rule 2:803 derived from subsection C of this section)
    § 8.01-390.1
    School records as evidence
    § 8.01-390.2
    Reports by Chief Medical Examiner received as evidence
    § 8.01-390.3
    Business records as evidence (Subdivision (6) of Supreme Court Rule 2:902 derived in part from this section)
    § 8.01-391
    Copies of originals as evidence (Subdivision (6) of Supreme Court Rule 2:902 derived in part from subsection D of this section and Supreme Court Rule 2:1005 derived from this section)
  • Article 2.1.
    Check Clearing for the 21St Century Evidence Act
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    • § 8.01-391.1
    Substitute checks as evidence (Supreme Court Rule 2:1003 derived from subsections a and B of this section)
  • Article 3.
    Establishing Lost Records, Etc.
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    • § 8.01-392
    When court order book or equivalent is lost or illegible, what matters may be reentered
    § 8.01-393
    When book or paper or equivalent in clerk's office lost, destroyed, or illegible to be again recorded
    § 8.01-394
    How contents of any such lost record, etc., proved
    § 8.01-395
    Validating certain proceedings under § 8.01-394
  • Article 4.
    Witnesses Generally
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    • § 8.01-396
    No person incompetent to testify by reason of interest, or because a party
    § 8.01-396.1
    Competency of witness
    § 8.01-396.2
    Minor witness; appointment of guardian ad litem
    § 8.01-397
    Corroboration required and evidence receivable when one party incapable of testifying (subdivision (b)(5) of Supreme Court Rule 2:804 derived from this section)
    § 8.01-397.1
    Evidence of habit or routine practice; defined (Supreme Court Rule 2:406 derived from this section)
    § 8.01-398
    Privileged marital communications (Subsection (a) of Supreme Court Rule 2:504 derived from this section)
    § 8.01-399
    Communications between physicians and patients (Supreme Court Rule 2:505 derived from this section)
    § 8.01-400
    Communications between ministers of religion and persons they counsel or advise (Supreme Court Rule 2:503 derived in part from this section)
    § 8.01-400.1
    Privileged communications by interpreters for the deaf (Supreme Court Rule 2:507 derived in part from this section)
    § 8.01-400.2
    Communications between certain mental health professionals and clients (Supreme Court Rule 2:506 derived from this section)
    § 8.01-401
    How adverse party may be examined; effect of refusal to testify (subsection (b) of Supreme Court Rule 2:607 and subsection (c) of Supreme Court Rule 2:611 derived from subsection a of this section)
    § 8.01-401.1
    Opinion testimony by experts; hearsay exception (subsection (a) of Supreme Court Rule 2:703, subsection (a) of Supreme Court Rule 2:705, and subsection (a) of Supreme Court Rule 2:706 derived from this section)
    § 8.01-401.2
    Chiropractor, physician assistant, advanced practice registered nurse, or optometrist as expert witness
    § 8.01-401.2:1
    Podiatrist as an expert witness
    § 8.01-401.3
    Opinion testimony and conclusions as to facts critical to civil case resolution (Supreme Court Rule 2:701 derived from subsection B of this section, subdivision (a)(i) of Supreme Court Rule 2:702 derived from subsection a of this section, and subsection (a) of Supreme Court Rule 2:704 derived from subsections B and C of this section)
    § 8.01-402
    Members of Department of Motor Vehicles' Crash Investigation Team not to be required to give evidence in certain cases
    § 8.01-403
    Witness proving adverse; contradiction; prior inconsistent statement (Subsection (c) of Supreme Court Rule 2:607 and subdivision (a)(i) of Supreme Court Rule 2:613 derived from this section)
    § 8.01-404
    Contradiction by prior inconsistent writing (Subdivision (b)(i) of Supreme Court Rule 2:613 derived in part from this section and subdivision (b)(ii) of Supreme Court Rule 2:613 derived from this section)
    § 8.01-405
    Who may administer oath to witness
    § 8.01-406
    Interpreters; recording testimony of deaf witness (Supreme Court Rule 2:604 derived from this section)
  • Article 5.
    Compelling Attendance of Witnesses, Etc.
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    • § 8.01-407
    How summons for witness issued and to whom directed; how witness released from subpoena; prior permission of court to summon certain officials and judges
    § 8.01-407.1
    Identity of persons communicating anonymously over the Internet
    § 8.01-408
    Recognizance taken upon continuance of case
    § 8.01-409
    When court may have process for witness executed by its own officer in another county or city
    § 8.01-410
    Inmates as witnesses in civil actions
  • Article 7.
    Medical Evidence
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    • § 8.01-413
    Certain copies of health care provider's health records of patient admissible; right of patient, his attorney and authorized insurer to copies of such health records; subpoena; damages, costs and attorney fees
    § 8.01-413.01
    Authenticity and reasonableness of medical bills; presumption
    § 8.01-413.02
    Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment
  • Article 7.1.
    Employment Evidence
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    • § 8.01-413.1
    Certain copies of employment records or papers admissible; right of employee or his attorney to copies of such records or papers; subpoena; damages, costs and attorney's fees
  • Article 9.
    Miscellaneous Provisions
    Read all
    • § 8.01-417
    Copies of written statements or transcriptions of verbal statements by injured person to be delivered to him; copies of subpoenaed documents to be provided to other party; disclosure of insurance policy limits
    § 8.01-417.01
    Disclosure of certain homeowners insurance and personal injury liability insurance policy limits
    § 8.01-417.1
    Use of portions of documents in evidence (Subsection (b) of Supreme Court Rule 2:106 derived from this section)
    § 8.01-418
    When plea of guilty or nolo contendere, finding of guilt in absentia, or forfeiture in criminal prosecution or traffic case admissible in civil action; proof of such plea, finding, or forfeiture
    § 8.01-418.1
    Evidence of subsequent measures taken not admissible to prove negligence (Supreme Court Rule 2:407 derived from this section)
    § 8.01-418.2
    Evidence of polygraph examination inadmissible in any proceeding
    § 8.01-418.3
    Repealed
    § 8.01-419
    Table of life expectancy
    § 8.01-419.1
    Motor vehicle value
    § 8.01-420
    Depositions as basis for motion for summary judgment or to strike evidence
    § 8.01-420.01
    Limiting further disclosure of discoverable materials and information; protective order
    § 8.01-420.1
    Abolition of common-law perpetuation of testimony
    § 8.01-420.2
    Limitation on use of recorded conversations as evidence
    § 8.01-420.3
    Court reporters to provide transcripts; when recording may be stopped; use of transcript as evidence
    § 8.01-420.4
    Taking of depositions
    § 8.01-420.4:1
    Taking of depositions; corporate officers
    § 8.01-420.5
    Estoppel effect of judicial determination of employment status
    § 8.01-420.6
    Number of witnesses whose depositions may be taken
    § 8.01-420.7
    Attorney-client privilege and work product protection; limitations on waiver
    § 8.01-420.8
    Protection of confidential information in court files