CLERGY AND COMMUNICANT PRIVILEGE (derived from Code §§ 8.01-

400 and 19.2-271.3). A clergy member means any regular minister, priest, rabbi, or accredited practitioner over the age of 18 years, of any religious organization or denomination usually referred to as a church. A clergy member must not be required: (a) in any civil action, to give testimony as a witness or to disclose in discovery proceedings the contents of notes, records or any written documentation made by the clergy member, where such testimony or disclosure would reveal any information communicated in a confidential manner, properly entrusted to such clergy member in a professional capacity and necessary to enable discharge of the functions of office according to the usual course of the clergy member's practice or discipline, wherein the person so communicating such information about himself or herself, or another, was seeking spiritual counsel and advice relating to and growing out of the information so imparted; and (b) in any criminal action, in giving testimony as a witness to disclose any information communicated by the accused in a confidential manner, properly entrusted to the clergy member in a professional capacity and necessary to enable discharge of the functions of office according to the usual course of the clergy member's practice or discipline, where the person so communicating such information about himself or herself, or another, was seeking spiritual counsel and advice relating to and growing out of the information so imparted. Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012. Last amended by Order dated November 13, 2020; effective July 1, 2021. RULES OF THE SUPREME COURT OF VIRGINIA PART TWO VIRGINIA RULES OF EVIDENCE ARTICLE V. PRIVILEGES