reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 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)

In an action by or against a person who, from any cause, is incapable of testifying, or by or against the committee, trustee, executor, administrator, heir, or other representative of the person so incapable of testifying, no judgment or decree shall be rendered in favor of an adverse or interested party founded on his uncorroborated testimony. In any such action, whether such adverse party testifies or not, all entries, memoranda, and declarations by the party so incapable of testifying made while he was capable, relevant to the matter in issue, may be received as evidence in all proceedings including without limitation those to which a person under a disability is a party. The phrase "from any cause" as used in this section shall not include situations in which the party who is incapable of testifying has rendered himself unable to testify by an intentional self-inflicted injury.
For the purposes of this section, and in addition to corroboration by any other competent evidence, an entry authored by an adverse or interested party contained in a business record may be competent evidence for corroboration of the testimony of an adverse or interested party. If authentication of the business record is not admitted in a request for admission, such business record shall be authenticated by a person other than the author of the entry who is not an adverse or interested party whose conduct is at issue in the allegations of the complaint.
Code 1950, § 8-286; 1977, c. 617; 1988, c. 426; 2013, cc. 61, 637.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-397.1. Evidence of habit or routine practice; defined (Supreme Court Rule 2:406 derived from this section)

A. Admissibility. Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eye witnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice. Evidence of prior conduct may be relevant to rebut evidence of habit or routine practice.
B. Habit and routine practice defined. A "habit" is a person's regular response to repeated specific situations. A "routine practice" is a regular course of conduct of a group of persons or an organization in response to repeated specific situations.
C. The provisions of this section are applicable only in civil proceedings.
2000, c. 1026.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-398. Privileged marital communications (Subsection (a) of Supreme Court Rule 2:504 derived from this section)

Husband and wife shall be competent witnesses to testify for or against each other in all civil actions.
In any civil proceeding, a person has a privilege to refuse to disclose, and to prevent anyone else from disclosing, any confidential communication between his spouse and him during their marriage, regardless of whether he is married to that spouse at the time he objects to disclosure. This privilege may not be asserted in any proceeding in which the spouses are adverse parties, or in which either spouse is charged with a crime or tort against the person or property of the other or against the minor child of either spouse. For the purposes of this section, "confidential communication" means a communication made privately by a person to his spouse that is not intended for disclosure to any other person.
Code 1950, §§ 8-287, 8-289; 1977, c. 617; 2005, c. 809.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 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)

No regular minister, priest, rabbi, or accredited practitioner over the age of eighteen years, of any religious organization or denomination usually referred to as a church, shall be required to give testimony as a witness or to relinquish notes, records or any written documentation made by such person, or disclose the contents of any such notes, records or written documentation, in discovery proceedings in any civil action which would disclose any information communicated to him in a confidential manner, properly entrusted to him in his professional capacity and necessary to enable him to discharge the functions of his office according to the usual course of his practice or discipline, wherein such person so communicating such information about himself or another is seeking spiritual counsel and advice relative to and growing out of the information so imparted.
Code 1950, § 8-289.2; 1962, c. 466; 1977, c. 617; 1979, c. 3; 1994, c. 198.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-400.1. Privileged communications by interpreters for the deaf (Supreme Court Rule 2:507 derived in part from this section)

Whenever a deaf person communicates through an interpreter to any person under such circumstances that the communication would be privileged, and such person could not be compelled to testify as to the communications, this privilege shall also apply to the interpreter.
1978, c. 601.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-400.2. Communications between certain mental health professionals and clients (Supreme Court Rule 2:506 derived from this section)

Except at the request of or with the consent of the client, no licensed professional counselor, as defined in § 54.1-3500; licensed clinical social worker, as defined in § 54.1-3700; licensed psychologist, as defined in § 54.1-3600; or licensed marriage and family therapist, as defined in § 54.1-3500, shall be required in giving testimony as a witness in any civil action to disclose any information communicated to him in a confidential manner, properly entrusted to him in his professional capacity and necessary to enable him to discharge his professional or occupational services according to the usual course of his practice or discipline, wherein such person so communicating such information about himself or another is seeking professional counseling or treatment and advice relative to and growing out of the information so imparted; provided, however, that when the physical or mental condition of the client is at issue in such action, or when a court, in the exercise of sound discretion, deems such disclosure necessary to the proper administration of justice, no fact communicated to, or otherwise learned by, such practitioner in connection with such counseling, treatment or advice shall be privileged, and disclosure may be required. The privileges conferred by this section shall not extend to testimony in matters relating to child abuse and neglect nor serve to relieve any person from the reporting requirements set forth in § 63.2-1509.
1982, c. 537; 2005, c. 110.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 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)

A. A party called to testify for another, having an adverse interest, may be examined by such other party according to the rules applicable to cross-examination.
B. If any party, required by another to testify on his behalf, refuses to testify, the court, officer, or person before whom the proceeding is pending, may, in addition to punishing said party as for contempt, dismiss the action, or other proceeding of the party so refusing, as to the whole or any part thereof, or may strike out and disregard the plea, answer, or other defense of such party, or any part thereof, as justice may require.
Code 1950, §§ 8-290, 8-291; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 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)

In any civil action any expert witness may give testimony and render an opinion or draw inferences from facts, circumstances or data made known to or perceived by such witness at or before the hearing or trial during which he is called upon to testify. The facts, circumstances or data relied upon by such witness in forming an opinion or drawing inferences, if of a type normally relied upon by others in the particular field of expertise in forming opinions and drawing inferences, need not be admissible in evidence.
The expert may testify in terms of opinion or inference and give his reasons therefor without prior disclosure of the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.
To the extent called to the attention of an expert witness upon cross-examination or relied upon by the expert witness in direct examination, statements contained in published treatises, periodicals or pamphlets on a subject of history, medicine or other science or art, established as a reliable authority by testimony or by stipulation, shall not be excluded as hearsay. If admitted, the statements may be read into evidence but may not be received as exhibits. If the statements are to be introduced through an expert witness upon direct examination, copies of the specific statements shall be designated as literature to be introduced during direct examination and provided to opposing parties 30 days prior to trial unless otherwise ordered by the court.
If a statement has been designated by a party in accordance with and satisfies the requirements of this section, the expert witness called by that party need not have relied on the statement at the time of forming his opinion in order to read the statement into evidence during direct examination at trial.
1982, c. 392; 1994, c. 328; 2013, c. 379.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-401.2. Chiropractor, advanced practice registered nurse, or physician assistant as expert witness

A. A doctor of chiropractic, when properly qualified, may testify as an expert witness in a court of law as to etiology, diagnosis, prognosis, treatment, treatment plan, and disability, including anatomical, physiological, and pathological considerations within the scope of the practice of chiropractic as defined in § 54.1-2900.
B. A physician assistant or an advanced practice registered nurse, when properly qualified, may testify as an expert witness in a court of law as to etiology, diagnosis, prognosis, treatment, treatment plan, and disability, including anatomical, physiological, and pathological considerations within the scope of his activities as authorized pursuant to § 54.1-2952 or 54.1-2957, respectively. However, no physician assistant or advanced practice registered nurse shall be permitted to testify as an expert witness for or against (i) a defendant doctor of medicine or osteopathic medicine in a medical malpractice action regarding the standard of care of a doctor of medicine or osteopathic medicine or (ii) a defendant health care provider in a medical malpractice action regarding causation.
1984, c. 569; 2014, cc. 361, 391; 2015, cc. 295, 306; 2017, c. 413; 2023, c. 183.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-401.2:1. Podiatrist as an expert witness

A podiatrist shall not be permitted to testify as an expert witness against a doctor of medicine or osteopathic medicine in connection with a medical malpractice civil court proceeding or a medical malpractice review panel in any case where the doctor or osteopath is a defendant in such proceeding.
2010, cc. 715, 725.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 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)

A. In a civil proceeding, if scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.
B. No expert or lay witness while testifying in a civil proceeding shall be prohibited from expressing an otherwise admissible opinion or conclusion as to any matter of fact solely because that fact is the ultimate issue or critical to the resolution of the case. However, in no event shall such witness be permitted to express any opinion which constitutes a conclusion of law.
C. Except as provided by the provisions of this section, the exceptions to the "ultimate fact in issue" rule recognized in the Commonwealth prior to enactment of this section shall remain in full force.
1993, c. 909.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-402. Members of Department of Motor Vehicles' Crash Investigation Team not to be required to give evidence in certain cases

No member of the Department of Motor Vehicles' Crash Investigation Team shall be required to give evidence concerning any statements made to him in the course of such investigation before any court or grand jury in any case involving a motor vehicle crash on the highways of the Commonwealth in which any member or members of such Crash Investigation Team made or took part in any investigation pursuant to a directive from the Commissioner of the Department of Motor Vehicles for purposes of research and evaluation of the Commonwealth's highway safety program.
Code 1950, § 8-296.1; 1974, c. 390; 1977, c. 617; 1992, c. 108.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 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)

A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the witness shall in the opinion of the court prove adverse, by leave of the court, prove that he has made at other times a statement inconsistent with his present testimony; but before such last mentioned proof can be given the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement. In every such case the court, if requested by either party, shall instruct the jury not to consider the evidence of such inconsistent statements, except for the purpose of contradicting the witness.
Code 1950, § 8-292; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 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)

A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, relative to the subject matter of the civil action, without such writing being shown to him; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to the particular occasion on which the writing is supposed to have been made, and he may be asked if he did not make a writing of the purport of the one to be offered to contradict him, and if he denies making it, or does not admit its execution, it shall then be shown to him, and if he admits its genuineness, he shall be allowed to make his own explanation of it; but it shall be competent for the court at any time during the trial to require the production of the writing for its inspection, and the court may thereupon make such use of it for the purpose of the trial as it may think best. This section is subject to the qualification, that in an action to recover for a personal injury or death by wrongful act or neglect, no ex parte affidavit or statement in writing other than a deposition, after due notice, of a witness and no extrajudicial recording made at any time other than simultaneously with the wrongful act or negligence at issue of the voice of such witness, or reproduction or transcript thereof, as to the facts or circumstances attending the wrongful act or neglect complained of, shall be used to contradict him as a witness in the case. Nothing in this section shall be construed to prohibit the use of any such ex parte affidavit or statement in an action on an insurance policy based upon a judgment recovered in a personal injury or death by wrongful act case.
Code 1950, § 8-293; 1958, c. 380; 1960, c. 114; 1964, c. 356; 1977, c. 617; 2007, c. 598.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-405. Who may administer oath to witness

Any person before whom a witness is to be examined may administer an oath to such witness. In addition, a clerk or deputy clerk may administer an oath to a witness in the presence and at the direction of a judge before whom the witness is to be examined.
Code 1950, § 8-294; 1977, c. 617; 1984, c. 536.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-406. Interpreters; recording testimony of deaf witness (Supreme Court Rule 2:604 derived from this section)

Interpreters shall be sworn truly so to do. In any judicial proceeding, the judge on his own motion or on the motion of a party to the proceeding may order all of the testimony of a deaf individual and the interpretation thereof to be visually electronically recorded for use in verification of the official transcript of the proceedings.
Code 1950, § 8-295; 1977, c. 617; 1978, c. 601.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-408. Recognizance taken upon continuance of case

Upon the continuance of any civil case in a court, the court shall at the request of any party litigant require such party's witnesses then present to enter into recognizance in such penalty as the court may deem proper, either with or without security, for their appearance to give evidence in such case on such day as may then be fixed for the trial thereof, such recognizance to be taken, conditioned, and entered of record in the same manner provided in §§ 19.2-135 to 19.2-137, for taking recognizance.
Code 1950, § 8-298; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-409. When court may have process for witness executed by its own officer in another county or city

Whenever on the calling or during the trial of a civil case in any court it appears to the court that it is necessary to have a witness from a county or city other than that of trial, the summons, rule, or attachment issued for such witness from the trial court may, when the court so orders, be executed by its officers in any county or city of the Commonwealth, for which services the officer shall be allowed a reasonable compensation by the court.
Code 1950, § 8-299; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-410. Inmates as witnesses in civil actions

Whenever any party in a civil action in any circuit court in this Commonwealth requires as a witness in his behalf, an inmate in a state or local correctional facility as defined in § 53.1-1, the court, on the application of such party or his attorney may, in its discretion and upon consideration of the importance of the personal appearance of the witness and the nature of the offense for which he is imprisoned, issue an order to the Director of the Department of Corrections to deliver such witness to the sheriff of the jurisdiction of the court issuing the order. If authorized by the court, the clerk of the circuit court or a deputy clerk may issue these orders on behalf of the court. The sheriff shall transport the inmate to the court to testify as such witness, and after he has testified and been released as such witness, the sheriff shall return the witness to the custody of the Department.
If necessary the sheriff may confine the inmate for the night in any convenient local correctional facility.
Under such rules and regulations as the superintendent of such an institution may prescribe, any party to a civil action in any circuit court in this Commonwealth may take the deposition of an inmate in the facility, which deposition, when taken, may be admissible in evidence as other depositions in civil actions.
The party seeking the testimony of such inmate shall advance a sum sufficient to defray the expenses and compensation of the correctional officers and sheriff, which the court shall tax as other costs.
For the purposes of this section, "correctional officers" shall have the same meaning as provided in § 53.1-1.
Code 1950, § 8-300.1; 1952, c. 487; 1966, c. 227; 1974, cc. 44, 45; 1977, c. 617; 1998, c. 596; 2001, c. 513; 2002, cc. 515, 544.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-412.2. Authorization of audio-visual deposition; official record; uses

Any deposition may be recorded by audio-visual means without a stenographic record. Any party may make, at his own expense, a simultaneous stenographic or audio record of the deposition. Upon request and at his own expense, any party is entitled to an audio or audio-visual copy of the audio-visual recording.
The audio-visual recording is an official record of the deposition. A transcript prepared by a court reporter shall also be deemed an official record of the deposition. An audio-visual deposition may be used for any purpose and under any circumstances in which a stenographic deposition may be used.
For purposes of this article, "audio-visual" shall include video conferencing and teleconferencing.
1983, c. 305; 2000, c. 821.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-412.4. Procedure

The taking of audio-visual depositions shall be in accordance with the rules of the Supreme Court generally applicable to depositions. However, the following procedure shall be observed in recording an audio-visual deposition:
The deposition must begin with an oral or written statement on camera which includes (i) each operator's name and business address or, if applicable, the identity of the video conferencing or teleconferencing proprietor and locations participating in the video conference or teleconference; (ii) the name and business address of the operator's employer; (iii) the date, time and place of the deposition; (iv) the caption of the case; (v) the name of the witness; (vi) the party on whose behalf the deposition is being taken; (vii) with respect to video conferencing or teleconferencing, the identities of persons present at the deposition and the location of each such person; and (viii) any stipulations by the parties.
In addition, all counsel present on behalf of any party or witness shall identify themselves on camera. The oath for witnesses shall be administered on camera. If the length of a deposition requires the use of more than one recording unit, the end of each unit and the beginning of each succeeding unit shall be announced on camera. At the conclusion of a deposition, a statement shall be made on camera that the deposition is concluded. A statement may be made on camera setting forth any stipulations made by counsel concerning the custody of the audio-visual recording and exhibits or other pertinent matters.
All objections must be made as in the case of stenographic depositions. In any case where the court orders the audio-visual recording to be edited prior to its use, the original recording shall not be altered but shall be maintained as is.
Unless otherwise stipulated by the parties, the original audio-visual recording of a deposition, any copy edited pursuant to an order of the court, and exhibits shall be filed with the clerk of the court in accordance with the rules of the Supreme Court.
1983, c. 305; 1993, c. 208; 2000, c. 821.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-412.5. Costs

In any case where a deposition taken pursuant to this article does not conform to the requirements for use of such deposition as provided in the rules of the Supreme Court, the expense of conforming the recording shall be borne by the proponent of the deposition.
1983, c. 305; 1984, c. 95.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-412.9. Definitions

For purposes of this article, unless the context requires otherwise:
"Foreign jurisdiction" means a state other than the Commonwealth.
"Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
"Subpoena" means a document, however denominated, issued under the authority of a court of record requiring a person to:
1. Attend and give testimony at a deposition;
2. Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or
3. Permit inspection of premises under the control of the person.
2009, c. 701.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-412.10. Issuance of subpoena

A. To request the issuance of a subpoena under this article, a party shall submit to the clerk of court in the circuit in which discovery is sought to be conducted in the Commonwealth (i) a foreign subpoena and (ii) a written statement that the law of the foreign jurisdiction grants reciprocal privileges to citizens of the Commonwealth for taking discovery in the jurisdiction that issued the foreign subpoena.
B. When a party submits a foreign subpoena to a clerk of court in the Commonwealth, the clerk, in accordance with that court's procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
C. A subpoena under subsection B shall:
1. Incorporate the terms used in the foreign subpoena; and
2. Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
D. A request for the issuance of a subpoena under this article does not constitute an appearance in the courts of the Commonwealth, and no civil action need be filed in the circuit court of the Commonwealth.
E. The provisions of this article shall be in addition to other procedures authorized in the Code of Virginia and the rules of court for obtaining discovery, except that no subpoena issued in the Commonwealth pursuant to this article may be issued by any person other than the applicable circuit court clerk of court in the Commonwealth, in accordance with subsections A and B.
2009, c. 701; 2018, c. 530.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-412.12. Deposition, production, and inspection

Statutes and rules applicable in actions pending in the circuit courts of the Commonwealth with respect to compliance with subpoenas to attend and give testimony, produce designated books, documents, records, electronically stored information, or tangible things, or permit inspection of premises, shall apply to subpoenas issued under § 8.01-412.10.
2009, c. 701.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-412.13. Application to court

An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under § 8.01-412.10 shall comply with the statutes and rules of court of the Commonwealth and be submitted to the court in the circuit in which discovery is to be conducted. A separate civil action need not be filed.
2009, c. 701.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-412.14. Uniformity of application and construction; reciprocal privileges

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. The privilege extended to persons in other states for discovery under this article shall only apply if the jurisdiction where the action is pending has extended a similar privilege to persons in the Commonwealth, by that jurisdiction's enactment of the Uniform Interstate Depositions and Discovery Act, a predecessor uniform act, or another comparable law or rule of court providing substantially similar mechanisms for use by out-of-state parties.
2009, c. 701.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-413.01. Authenticity and reasonableness of medical bills; presumption

A. For the purposes of this section, "bill" means any statement of charges, an invoice, or any other form prepared by a health care provider or its agent, or third-party agent, identifying the costs of health care services provided.
B. In any action for personal injuries, wrongful death, or for medical expense benefits payable under a motor vehicle insurance policy issued pursuant to § 38.2-124 or § 38.2-2201, the authenticity of bills for medical services provided and the reasonableness of the charges of the health care provider shall be rebuttably presumed upon identification by the plaintiff of the original bill or a duly authenticated copy and the plaintiff's testimony (i) identifying the health care provider, (ii) describing the services rendered, and (iii) stating that the services were rendered in connection with treatment for the injuries received in the event giving rise to the action. If the court finds the plaintiff is unable to provide such testimony, the plaintiff's guardian, agent under an advance directive, or agent under a power of attorney may identify the bill or an authenticated copy and provide testimony in lieu of the plaintiff. The presumption herein shall not apply unless the opposing party or his attorney has been furnished such medical records at least 30 days prior to the trial.
C. Where no medical bill is rendered or specific charge made by a health care provider to the insured, an insurer, or any other person, the usual and customary fee charged for the service rendered may be established by the testimony or the affidavit of an expert having knowledge of the usual and customary fees charged for the services rendered. If the fee is to be established by affidavit, the affidavit shall be submitted to the opposing party or his attorney at least 30 days prior to trial. The testimony or the affidavit is subject to rebuttal and may be admitted in the same manner as an original bill or authenticated copy described in subsection A.
1993, c. 610; 1996, c. 516; 1997, c. 503; 2016, c. 243; 2022, cc. 469, 470.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-413.02. Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment

A. Notwithstanding any other provision of law, the written reports or records of blood alcohol tests conducted upon persons receiving medical treatment in a hospital or emergency room are admissible in evidence as a business records exception to the hearsay rule in any civil proceeding.
B. The provisions of law pertaining to confidentiality of medical records and medical treatment shall not be applicable to reports or records of blood alcohol tests sought or admitted as evidence under the provisions of this section. Owners or custodians of such reports or records may disclose them, in accordance with regulations concerning patient privacy promulgated by the U.S. Department of Health and Human Services, without obtaining consent or authorization for such disclosure. No person who is involved in taking blood or conducting blood alcohol tests shall be liable for civil damages for breach of confidentiality or unauthorized release of medical records because of the evidentiary use of blood alcohol test results under this section, or as a result of that person's testimony given pursuant to this section.
2005, c. 801.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-414. Affidavit prima facie evidence of nonresidence

In any action, an affidavit that a witness or party resides out of this Commonwealth, or is out of it, shall be prima facie evidence of the fact, although such affidavit be made by a party, and without previous notice.
Code 1950, § 8-328; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-415. Affidavit evidence of publication

When anything is authorized or required by law to be published in a newspaper, the certificate of the editor, publisher, business manager or assistant business manager, or the affidavit of any other person, shall be admitted as evidence of what is stated herein as to the publication.
Code 1950, § 8-329; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-416. Affidavit re damages to motor vehicle

A. In a civil action in any court, whether sounding in contract or tort, to recover for damages to a motor vehicle in excess of $2,500, evidence as to such damages may be presented by an itemized estimate or appraisal sworn to by a person who also makes oath (i) that he is a motor vehicle repairman, estimator or appraiser qualified to determine the amount of such damage or diminution in value; (ii) as to the approximate length of time that he has engaged in such work; and (iii) as to the trade name and address of his business and employer. Such estimate shall not be admitted unless by consent of the adverse party or his counsel, or unless a true copy thereof is mailed or delivered to the adverse party or his counsel not less than seven days prior to the date fixed for trial.
B. In a civil action in any court, whether sounding in contract or tort, to recover for damages to a motor vehicle of $2,500 or less, evidence as to such damages may be presented by an itemized estimate or appraisal sworn to by a person who also makes oath (i) that he is a motor vehicle repairman, estimator or appraiser qualified to determine the amount of such damage or diminution in value; (ii) as to the approximate length of time that he has engaged in such work; and (iii) as to the trade name and address of his business and employer.
1977, c. 617; 1980, c. 183; 1990, c. 724; 2010, c. 343.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-417.1. Use of portions of documents in evidence (Subsection (b) of Supreme Court Rule 2:106 derived from this section)

To expedite trial proceedings in civil cases, upon appropriate and timely motion by counsel, the court may permit the reading to the jury, or the introduction into evidence, of relevant portions of lengthy and complex documents without the necessity of having the jury read or receive the entire document. The court, in its discretion, may permit the entire document to be received by the jury, or may order the parties to edit from any such document admitted into evidence information that is irrelevant to the proceedings.
1992, c. 720.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 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

Whenever, in any civil action, it is contended that any party thereto pled guilty or nolo contendere, was found guilty in absentia, or suffered a forfeiture in a prosecution for a criminal offense or traffic infraction which arose out of the same occurrence upon which the civil action is based, evidence of said plea, finding, or forfeiture as shown by the records of the criminal court shall be admissible. Where the records of the court in which such prosecution was had are silent or ambiguous as to whether or not such plea or finding was made or forfeiture occurred, the court hearing the civil case shall admit such evidence on the question of such plea, finding, or forfeiture as may be relevant, and the question of whether such plea or finding was made or forfeiture suffered shall be a question for the court to determine.
Code 1950, § 8-267.1; 1970, c. 354; 1977, c. 617; 1986, c. 46; 2023, c. 278.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-418.1. Evidence of subsequent measures taken not admissible to prove negligence (Supreme Court Rule 2:407 derived from this section)

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 subsequently taken 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 taken shall 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.
1978, c. 165.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-418.2. Evidence of polygraph examination inadmissible in any proceeding

The analysis of any polygraph test charts produced during any polygraph examination administered to a party or witness shall not be admissible in any proceeding conducted pursuant to § 2.2-1202.1 or conducted by any county, city or town over the objection of any party except as to disciplinary or other actions taken against a polygrapher.
1993, c. 570; 1995, cc. 770, 818; 2012, cc. 803, 835.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-419. Table of life expectancy

Whenever, in any case not otherwise specifically provided for, it is necessary to establish the expectancy of continued life of any person from any period of such person's life, whether he be living at the time or not, the following table shall be received in all courts and by all persons having power to determine litigation as evidence, with other evidence as to the health, constitution and habits of such person, of such expectancy represented by the figures in the following columns:
BOTH
AGE
SEXES
MALE
FEMALE
0
77.4
74.7
80
1
77
74.3
79.5
2
76
73.3
78.5
3
75
72.4
77.6
4
74
71.4
76.6
5
73.1
70.4
75.6
6
72.1
69.4
74.6
7
71.1
68.4
73.6
8
70.1
67.4
72.6
9
69.1
66.5
71.6
10
68.1
65.5
70.6
11
67.1
64.5
69.6
12
66.1
63.5
68.7
13
65.1
62.5
67.7
14
64.2
61.5
66.7
15
63.2
60.5
65.7
16
62.2
59.6
64.7
17
61.2
58.6
63.7
18
60.3
57.7
62.8
19
59.3
56.7
61.8
20
58.4
55.8
60.8
21
57.4
54.9
59.8
22
56.5
54
58.9
23
55.5
53
57.9
24
54.6
52.1
56.9
25
53.6
51.2
56
26
52.7
50.3
55
27
51.7
49.3
54
28
50.8
48.4
53
29
49.8
47.4
52.1
30
48.9
46.5
51.1
31
47.9
45.6
50.1
32
47
44.6
49.2
33
46
43.7
48.2
34
45.1
42.8
47.2
35
44.1
41.8
46.3
36
43.2
40.9
45.3
37
42.3
40
44.4
38
41.3
39.1
43.4
39
40.4
38.1
42.5
40
39.5
37.2
41.5
41
38.6
36.3
40.6
42
37.6
35.4
39.7
43
36.7
34.5
38.7
44
35.8
33.6
37.8
45
34.9
32.8
36.9
46
34
31.9
36
47
33.1
31
35.1
48
32.3
30.2
34.1
49
31.4
29.3
33.2
50
30.5
28.5
32.3
51
29.6
27.6
31.4
52
28.8
26.8
30.6
53
27.9
26
29.7
54
27.1
25.1
28.8
55
26.2
24.3
27.9
56
25.4
23.5
27
57
24.6
22.7
26.2
58
23.8
21.9
25.3
59
23
21.2
24.5
60
22.2
20.4
23.7
61
21.4
19.6
22.8
62
20.6
18.9
22
63
19.8
18.2
21.2
64
19.1
17.5
20.4
65
18.4
16.8
19.7
66
17.6
16.1
18.9
67
16.9
15.4
18.1
68
16.2
14.7
17.4
69
15.5
14.1
16.7
70
14.8
13.4
15.9
71
14.2
12.8
15.2
72
13.5
12.2
14.5
73
12.9
11.6
13.8
74
12.3
11
13.2
75
11.7
10.5
12.5
76
11.1
9.9
11.9
77
10.5
9.4
11.3
78
10
8.9
10.7
79
9.4
8.4
10.1
80
8.9
7.9
9.5
81
8.4
7.5
9
82
7.9
7
8.4
83
7.5
6.6
7.9
84
7
6.3
7.4
85
6.6
5.9
7
86
6.2
5.5
6.6
87
5.8
5.2
6.1
88
5.5
4.9
5.7
89
5.1
4.6
5.4
90
4.8
4.3
5
91
4.5
4
4.7
92
4.2
3.8
4.4
93
4
3.5
4.1
94
3.7
3.3
3.8
95
3.5
3.1
3.5
96
3.2
2.9
3.3
97
3
2.7
3.1
98
2.8
2.5
2.9
99
2.6
2.4
2.7
100+
2.5
2.2
2.5
Code 1950, § 8-263.1; 1966, c. 472; 1977, c. 617; 1986, c. 317; 1996, c. 394; 2009, c. 454.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-419.1. Motor vehicle value

Whenever in any case not otherwise specifically provided for the value of an automobile is in issue, either civilly or criminally, the tabulated retail values set forth in the National Automobile Dealers' Association (NADA) "yellow" or "black" books or any vehicle valuation service regularly used and recognized in the automobile industry that is in effect on the relevant date, shall be admissible as evidence of fair market value on the relevant date.
The determination of value shall be subject to such other creditable evidence as any party may offer to demonstrate that the value as set forth in the NADA publication or any vehicle valuation service utilized by another party fails to reflect the actual condition of the vehicle and that therefore the value may be greater or less than that shown by the NADA publication or any vehicle valuation service.
1993, c. 759; 2006, c. 402.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-420. Depositions as basis for motion for summary judgment or to strike evidence

A. Except as provided in subsections B and C, no motion for summary judgment or to strike the evidence shall be sustained when based in whole or in part upon any discovery depositions under Rule 4:5, unless all parties to the suit or action shall agree that such deposition may be so used. Notwithstanding the foregoing, requests for admissions for which the responses are submitted in support of a motion for summary judgment may be based in whole or in part upon any discovery depositions under Rule 4:5 and may include admitted facts learned or referenced in such a deposition, provided that any such request for admission shall not reference the deposition or require the party to admit that the deponent gave specific testimony.
B. Notwithstanding the provisions of subsection A, a motion for summary judgment seeking dismissal of any claim or demand for punitive damages may be sustained, as to the punitive damages claim or demand only, when based in whole or in part upon any discovery depositions under Rule 4:5. However, such a motion may not be based upon discovery depositions under Rule 4:5 with respect to any claim or demand for punitive damages based on the operation of a motor vehicle by a person while under the influence of alcohol, any narcotic drug, or any other self-administered intoxicant or drug.
C. Notwithstanding the provisions of subsection A, discovery depositions under Rule 4:5 and affidavits may be used in support of or in opposition to a motion for summary judgment in any action when the only parties to the action are business entities and the amount at issue is $50,000 or more.
Code 1950, § 8-315.1; 1973, c. 483; 1977, c. 617; 1978, c. 417; 2013, c. 76; 2019, cc. 10, 128.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-420.01. Limiting further disclosure of discoverable materials and information; protective order

A. A protective order issued to prevent disclosure of materials or information related to a personal injury action or action for wrongful death produced in discovery in any cause shall not prohibit an attorney from voluntarily sharing such materials or information with an attorney involved in a similar or related matter, with the permission of the court, after notice and an opportunity to be heard to any party or person protected by the protective order, and provided the attorney who receives the material or information agrees, in writing, to be bound by the terms of the protective order.
B. The provisions of this section shall apply only to protective orders issued on or after July 1, 1989.
1989, c. 702.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-420.2. Limitation on use of recorded conversations as evidence

No mechanical recording, electronic or otherwise, of a telephone conversation shall be admitted into evidence in any civil proceeding unless (i) all parties to the conversation were aware the conversation was being recorded or (ii) the portion of the recording to be admitted contains admissions that, if true, would constitute criminal conduct which is the basis for the civil action, and one of the parties was aware of the recording and the proceeding is not one for divorce, separate maintenance or annulment of a marriage. The parties' knowledge of the recording pursuant to clause (i) shall be demonstrated by a declaration at the beginning of the recorded portion of the conversation to be admitted into evidence that the conversation is being recorded. This section shall not apply to emergency reporting systems operated by police and fire departments and by emergency medical services agencies, nor to any communications common carrier utilizing service observing or random monitoring pursuant to § 19.2-62.
1983, c. 503; 1992, c. 567; 2015, cc. 502, 503.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 14 - Evidence › § 8.01-420.3. Court reporters to provide transcripts; when recording may be stopped; use of transcript as evidence

Upon the request of any counsel of record, or of any party not represented by counsel, and upon payment of the reasonable cost thereof, the court reporter covering any proceeding shall provide the requesting party with a copy of the transcript of such proceeding or any requested portion thereof.
The court shall not direct the court reporter to cease recording any portion of the proceeding without the consent of all parties or of their counsel of record.
Whenever a party seeks to introduce the transcript or record of the testimony of a witness at an earlier trial, hearing or deposition, it shall not be necessary for the reporter to be present to prove the transcript or record, provided the reporter duly certifies, in writing, the accuracy of the transcript or record.
1983, c. 505; 1990, c. 77.