No mechanical recording, electronic or otherwise, of a telephone conversation shall be admitted into evidence in any civil proceeding unless (i) all parties to the conversation were aware the conversation was being recorded or (ii) the portion of the recording to be admitted contains admissions that, if true, would constitute criminal conduct which is the basis for the civil action, and one of the parties was aware of the recording and the proceeding is not one for divorce, separate maintenance or annulment of a marriage. The parties' knowledge of the recording pursuant to clause (i) shall be demonstrated by a declaration at the beginning of the recorded portion of the conversation to be admitted into evidence that the conversation is being recorded. This section shall not apply to emergency reporting systems operated by police and fire departments and by emergency medical services agencies, nor to any communications common carrier utilizing service observing or random monitoring pursuant to § 19.2-62.
§ 8.01-420.2.Limitation on use of recorded conversations as evidence.
Chapter 14. Evidence · Article 9. Miscellaneous Provisions · Last amended 2015 · Last verified July 16, 2026
In one sentenceSection 8.01-420.2 keeps a recorded telephone conversation out of a civil case unless every party to the call knew it was being recorded, or the recording captures an admission of the criminal conduct underlying the suit and at least one party knew of the recording, with divorce-related proceedings excluded from that second exception.
Full Text of § 8.01-420.2
Plain-English Summary
Recording a phone call without everyone’s knowledge creates evidence with a credibility problem, and this section keeps most of it out of civil trials. The default rule bars any mechanical or electronic recording of a telephone conversation from evidence unless all parties to the call knew it was being recorded.
There is one narrow exception: a recording can come in even without everyone’s knowledge if the portion offered contains an admission that would amount to criminal conduct, and that criminal conduct is what the civil case is about — provided at least one party to the call knew about the recording. That exception does not reach divorce, separate maintenance, or annulment cases at all.
Knowledge under the first branch has to be shown a particular way: a declaration at the start of the recorded portion stating that the conversation is being recorded. And the whole section steps aside for 911 and other emergency reporting systems run by police, fire, and emergency medical services, and for service observing or random monitoring that a communications common carrier does under § 19.2-62.
Frequently Asked Questions
Can a secretly recorded phone call be used as evidence in a Virginia civil case?
Generally no, unless all parties to the conversation were aware it was being recorded.
Is there an exception if the recording captures someone admitting to a crime?
Yes, if the admission would constitute criminal conduct that is the basis for the civil action and at least one party knew the call was being recorded — but this exception does not apply to divorce, separate maintenance, or annulment cases.
How does a party show that everyone knew the call was being recorded?
Through a declaration at the beginning of the recorded portion offered into evidence stating that the conversation is being recorded.
Does this restriction apply to 911 calls?
No. The section does not apply to emergency reporting systems operated by police, fire departments, or emergency medical services agencies.
Are phone companies covered by this recording restriction?
No, not for service observing or random monitoring a communications common carrier conducts under § 19.2-62.
Amendment History
1983, c. 503; 1992, c. 567; 2015, cc. 502, 503.
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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