Applicability of Evidentiary Rules

(a) Proceedings to which applicable generally. ‒ Evidentiary rules apply generally to (1) all civil actions and (2) proceedings in a criminal case (including preliminary hearings in criminal cases), and to contempt proceedings (except contempt proceedings in which the court may act summarily), in the Supreme Court of Virginia, the Court of Appeals of Virginia, the State Corporation Commission (when acting as a court of record), the circuit courts, the general district courts (except when acting as a small claims court as provided by statute), and the juvenile and domestic relations district courts. (b) Law of privilege. ‒ The law with respect to privileges applies at all stages of all actions, cases, and proceedings. (c) Permissive application. ‒ Except as otherwise provided by statute or rule, adherence to the Rules of Evidence (other than with respect to privileges) is permissive, not mandatory, in the following situations: (1) Criminal proceedings other than (i) trial, (ii) preliminary hearings, and (iii) sentencing proceedings before a jury. (2) Administrative proceedings. Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012. Last amended by Order dated November 9, 2021; effective immediately. RULES OF SUPREME COURT OF VIRGINIA PART TWO EQUITY PRACTICE AND PROCEDURE Rules 2:1 through 2:21. (Repealed). By Order dated June 14, 2005, and effective January 1, 2006, the Supreme Court repealed Part Two of the Rules of Court and reserved for future use the Part Two nomenclature. RULES OF SUPREME COURT OF VIRGINIA PART TWO A APPEALS PURSUANT TO THE ADMINISTRATIVE PROCESS ACT