The Virginia and Federal Rules of Evidence: A Concise Comparison with Commentary (Introduction and Selected Excerpts)
The Virginia and Federal Rules of Evidence: A Concise Comparison with Commentary, CreateSpace Independent Publishing, 2015
24 Pages Posted: 9 Apr 2015
Date Written: April 2015
Comparisons of federal and state evidence rules can be immensely helpful to attorneys, judges, and law students who are often well versed in one set of rules, but not the other. As a result, book-length federal-to-state rule comparisons exist for most major United States jurisdictions. Virginia has until now been a notable exception. For each rule of evidence, this book sets out the full text of the federal and corresponding Virginia rule, followed by a “Comparison and Commentary” section that (1) analyzes salient distinctions between the text of the federal and Virginia rule; (2) describes how those differences operate in application; and (3) highlights distinctions between the rules in application that may not be apparent from the rules’ text. The “Comparison and Commentary” section also flags areas where the Virginia codifiers arguably went beyond Virginia case law in creating the codified rules, creating uncertainty as to the controlling evidence rule. Finally, the “Comparison and Commentary” sections reference (and reprint) a number of Virginia statutes that touch on evidentiary principles, but are either not completely captured within the relevant evidence rule or are not referenced at all in the Virginia evidence codification.
Apart from its more obvious utility, the book's exploration of distinctions between two longstanding, deeply considered evidence codes also highlights important policy choices made by the evidence rule makers in the respective jurisdictions.
Note: This short download contains the Introduction, Table of Contents and a few illustrative excerpts of Virginia to Federal Evidence Rule comparisons.
Keywords: Evidence, Virginia, Litigation, Courts
Suggested Citation: Suggested Citation