Va. R. Sup. Ct. 2:605

As amended through September 26, 2024
Rule 2:605 - Competency of Court Personnel as Witnesses (derived from Code Section 19.2-271)
(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 otherwise provided in this Rule, no 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 duties. 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 issue 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) precludes otherwise proper testimony by a clerk or deputy clerk concerning documents filed in the official records.

Va. Sup. Ct. 2:605

Adopted and promulgated by Order dated June 1, 2012; effective 7/1/2012; adopted and promulgated by order dated June 1, 2012; effective 7/1/2012; amended by order dated July 10, 2015, effective 7/1/2015; amended by order dated September 3, 2020, effective 9/3/2020; amended by order dated November 13, 2020, effective 7/1/2021.