§ 8.01-385.Definitions.
Chapter 14. Evidence · Article 1. Judicial Notice · Last amended 2011 · Last verified July 16, 2026
Full Text of § 8.01-385
Plain-English Summary
Before Chapter 14 tells a Virginia court what to take judicial notice of, Section 8.01-385 makes sure everyone means the same thing by the words involved. It defines seven terms that recur throughout the judicial notice and public records provisions that follow, so a single definition governs whether the source is Virginia, a sister state, a foreign country, or the federal government.
Several definitions cast a wide net on purpose. “United States” reaches beyond the fifty states to territories, commonwealths, insular possessions, the District of Columbia, and other political subdivisions. “Court” is not limited to courts in the traditional sense — it includes any person or body appointed by a court or acting under its authority in a judicial or quasi-judicial capacity, and any other fact-finding body acting under Commonwealth law, naming the State Corporation Commission and the Virginia Workers’ Compensation Commission as examples. “Political subdivision” and “agency” get similarly broad, layered definitions that adjust depending on whether the reference is to the United States, another country, Virginia, or another state.
The remaining definitions are newer additions built for the digital age. “Official publication” now reaches a registry or listing of licenses, permits, or registrations posted on an agency’s or political subdivision’s official website, not just a printed publication. “Publish” likewise includes posting to an official website. And “required to be published pursuant to the laws thereof” was expanded to include records subject to disclosure under § 54.1-108, tying the judicial notice framework to Virginia’s professional licensing disclosure law.
Frequently Asked Questions
What does “United States” mean for purposes of this chapter?
It refers to the United States of America and includes any of its territories, commonwealths, insular possessions, the District of Columbia, and any of its other political subdivisions other than states.
Does “court” include bodies other than traditional courts?
Yes. It includes the courts of the Commonwealth, any other person or body appointed by a court or acting under its process or authority in a judicial or quasi-judicial capacity, and any other judicial, quasi-judicial, or fact-finding body acting under Commonwealth law, including without limitation the State Corporation Commission and the Virginia Workers’ Compensation Commission.
How broadly is “agency” defined?
It is deemed to include, without limitation, any department, division, commission, association, board, or other administrative body established under the laws of a jurisdiction.
Does an official website posting count as an “official publication”?
Yes. The term includes any registry or listing of licenses, permits, or registrations posted on the official website of an agency or political subdivision, and “publish” includes posting by an agency or political subdivision on its official website.
What does “required to be published pursuant to the laws thereof” include?
It includes being subject to disclosure under § 54.1-108.
Amendment History
1977, c. 617; 2011, c. 81.