A. Whenever, in any civil action it becomes necessary to ascertain what the law, statutory or otherwise, of this Commonwealth, of another state, of the United States, of another country, or of any political subdivision or agency of the same is, or was, at any time, the court shall take judicial notice thereof whether specially pleaded or not.
§ 8.01-386.Judicial notice of laws (Supreme Court Rule 2:202 derived in part from this section).
Chapter 14. Evidence · Article 1. Judicial Notice · Last amended 1977 · Last verified July 16, 2026
In one sentenceThis section requires a Virginia court to take judicial notice, whether pleaded or not, of the law of Virginia, another state, the United States, another country, or any of their political subdivisions or agencies, whenever ascertaining that law becomes necessary, and lets the court consult any book or document on the subject and consider offered evidence or argument.
Full Text of § 8.01-386
B. The court, in taking such notice, may consult any book, record, register, journal, or other official document or publication purporting to contain, state, or explain such law, and may consider any evidence or other information or argument that is offered on the subject.
Plain-English Summary
Proving the content of foreign or out-of-state law used to be its own evidentiary chore, requiring witnesses or certified copies just to establish what a statute somewhere else said. Section 8.01-386 removes that burden. Whenever a Virginia civil case turns on what the law is or was — Virginia law, another state’s, federal law, another country’s, or the law of any political subdivision or agency of those — the court has to take judicial notice of it. That duty applies whether or not a party specially pleaded the foreign law in the first place.
The court is not left guessing how to find that law. It can consult any book, record, register, journal, or other official document or publication that purports to contain, state, or explain the law in question. And the court is not limited to reference volumes — it may consider any evidence, information, or argument that any party offers on the subject, blending traditional research with whatever the parties bring to the table.
The result is a more workable trial process. A party litigating a contract governed by another state’s law, or a claim touching on the law of a foreign country, does not have to import expert witnesses just to establish the legal backdrop; the court itself is charged with figuring out and applying that law once the question is raised.
Frequently Asked Questions
Must a party specially plead foreign or out-of-state law for the court to notice it?
No. The court shall take judicial notice of applicable law whether specially pleaded or not.
What kinds of law does this section cover?
The law, statutory or otherwise, of Virginia, another state, the United States, another country, or any political subdivision or agency of any of those, at any time.
What sources can a court consult to determine what a law says?
Any book, record, register, journal, or other official document or publication purporting to contain, state, or explain the law.
Can the court consider evidence or argument from the parties on what the law is?
Yes, the court may consider any evidence or other information or argument offered on the subject.
When does this duty to take judicial notice apply?
Whenever, in any civil action, it becomes necessary to ascertain what the law is or was at any time.
Amendment History
Code 1950, §§ 8-264, 8-270, 8-273; 1960, c. 504; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: virginia judicial notice of laws statutejudicial notice foreign law virginia8.01-386 virginia codeproving out of state law virginia courtrule 2:202 virginia judicial notice