Va. R. Evid. 2:1101

(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.