Virginia Mock Trial Rules

South

VA · Capital: Richmond

Evidence Rules

Virginia Rules of Evidence

Citation: Va. Sup. Ct. R. Part 2 (Rules of Evidence)

Key Differences from Federal Rules of Evidence

Virginia adopted formal Rules of Evidence effective July 2012 but still relies heavily on case law and Virginia Code provisions for many evidentiary questions
Virginia applies a modified Daubert standard under Rule 2:702 that incorporates elements of the prior Spencer/John reliability test
Virginia retains the Dead Man's Statute (Va. Code § 8.01-397) barring testimony by interested parties about transactions with decedents
Virginia's hearsay exceptions are more limited than the FRE, with no residual exception equivalent to FRE 807

Notable Rules

Rule	Description
Va. R. Evid. 2:404(b)	Other-acts evidence is admissible for specific purposes but Virginia courts apply a stricter relevance threshold than federal courts
Va. R. Evid. 2:702	Expert testimony admissibility requires the court to determine that the methodology is reliable and properly applied to the facts

Trial Procedure

Civil Procedure

Virginia Rules of Supreme Court (Part 3 - Civil Practice)

Criminal Procedure

Virginia Code Title 19.2 (Criminal Procedure)

Key Features

Virginia Circuit Courts are the trial courts of general jurisdiction; General District Courts handle civil claims under $25,000 and misdemeanors
Virginia uses a unique "plea in bar" procedure for certain defenses that must be raised before trial
Virginia imposes strict demurrer practice requiring dismissal motions to be very specifically pleaded

Jury Rules

Civil Jury Size

Criminal Jury Size

Yes

Unanimity Required

Civil juries consist of 7 jurors (unique among U.S. states); parties may stipulate to 5
Criminal felony juries require 12 unanimous jurors
Virginia juries in criminal cases determine both guilt and sentence (including recommending punishment)

Special Features

Jury Sentencing

Virginia is one of the few states where the jury determines the sentence in criminal cases (not just the verdict). After a guilty verdict, the jury recommends punishment, though judges may suspend portions of the sentence.

Seven-Member Civil Jury

Virginia is the only U.S. state requiring a 7-member jury in civil cases, a unique constitutional provision not found in any other jurisdiction.

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