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§ 8.01-388.Judicial notice of official publications (Supreme Court Rule 2:203 derived 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 of the contents of official publications that Virginia, its political subdivisions and agencies, and other states, countries, and their political subdivisions and agencies are legally required to publish, so long as those publications were issued pursuant to the laws of the jurisdiction that produced them.

Full Text of § 8.01-388

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The court shall take judicial notice of the contents of all official publications of this Commonwealth and its political subdivisions and agencies required to be published pursuant to the laws thereof, and of all such official publications of other states, of the United States, of other countries, and of the political subdivisions and agencies of each published within those jurisdictions pursuant to the laws thereof.

Plain-English Summary

Section 8.01-388 extends judicial notice from the substance of the law itself, covered in the section before it, to the official publications that record government activity. A Virginia court has to take notice of the contents of every official publication of the Commonwealth and its political subdivisions and agencies that the law requires to be published — no separate proof needed to establish what those publications say.

The reach is not limited to Virginia. The same duty extends to official publications of other states, of the United States, of other countries, and of the political subdivisions and agencies within each of those jurisdictions, as long as the publication was required to be published under the laws of the place that issued it. A court does not need a certified copy or a witness to establish what a properly issued official publication from another jurisdiction says; it notices the content directly.

Read together with the definitions in § 8.01-385, this section reaches further than paper publications alone — an official registry or listing posted on a government website counts as an official publication, and posting to that website counts as publishing it, so the judicial-notice duty keeps pace with how governments put information out today.

Frequently Asked Questions

What must a Virginia court take judicial notice of under this section?

The contents of all official publications of the Commonwealth and its political subdivisions and agencies required to be published pursuant to the laws thereof.

Does the duty extend beyond Virginia’s own publications?

Yes, to all such official publications of other states, of the United States, of other countries, and of the political subdivisions and agencies of each, published within those jurisdictions pursuant to the laws thereof.

Does an official publication have to be a printed document?

Under the definitions in § 8.01-385, an official publication can include a registry or listing posted on an agency’s or political subdivision’s official website.

Is there a condition on which publications this section reaches?

Yes, the publication must be one required to be published pursuant to the laws of the jurisdiction that issued it.

Does a party need to offer proof of what an official publication says?

No, the court takes judicial notice of the contents automatically under this section.

Amendment History

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
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