VA · rules
Va. R. Evid. 2:605
Competency of Court Personnel as Witnesses
(a) No judge is competent to testify in any criminal or civil proceeding as to any matter
which came before the judge in the course of official duties.
(b) Except as otherwis e provided in this Rule, n o clerk of any court, magistrate, or other
person having the power to issue warrants, is competent to testify in any criminal or civil
proceeding, as to any matter which came before him or her in the course of official dutie s. Such
person may be competent to testify in any criminal proceeding wherein the defendant is charged
with perjury or pursuant to the provisions of § 18.2-460 or in any proceeding authorized pursuant
to § 19.2-353.3. Notwithstanding any other provision of this section, any judge, clerk of any
court, magistrate, or other person having the power to is sue warrants, who is the victim of a
crime, is not incompetent solely because of his or her office to testify in any criminal or civil
proceeding arising out of the crime. Nothing in this subpart (b) preclude s otherwise proper
testimony by a clerk or deputy clerk concerning documents filed in the official records.
History
Derivation: (derived from Code § 19.2-271) 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.
Provenance
- Source
- www.vacourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
81ed039c8711fef482b2a631b84d00054c90a8a8946584a6438a769489648017
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