These Rules state the law of evidence in Virginia. They are adopted to implem ent established principles under the common law and not to change any established case law rendered prior to the adoption of the Rules. Common law case authority, whether decided before or after the effective date of the Rules of Evidence, may be argued to the courts and considered in interpreting and applying the Rules of Evidence. As to matters not covered by these Rules, the existing law remains in effect. Where no rule is set out on a particular topic, adoption of the Rules has no effect on current law or practice on that topic.
Rule 2:102.SCOPE AND CONSTRUCTION OF THESE RULES
Part Two: Virginia Rules of Evidence · Last amended 2021 · Last verified July 16, 2026
In one sentenceRule 2:102 explains that the Virginia Rules of Evidence codify existing common-law principles rather than change them, so courts may still look to case law when interpreting the rules, and any topic the rules do not address remains governed by existing law.
Full Text of Rule 2:102
Plain-English Summary
Rule 2:102 sets the interpretive ground rules for everything that follows. The Virginia Rules of Evidence were not written to overturn established case law; they were written to state it. When the Supreme Court of Virginia adopted the rules in 2012, the goal was to gather common-law principles Virginia courts had already developed into one organized set of rules, not to rewrite the law of evidence from scratch.
That history matters for how you read any individual rule. Courts may look to case law decided before 2012 and case law decided after to interpret and apply a rule, because the rules are meant to carry forward — not displace — that body of precedent. If a rule’s text seems ambiguous, the case law that shaped it remains a legitimate source of meaning.
Rule 2:102 also draws a boundary around the rules’ reach. Where the rules are silent on a topic, existing law continues to govern that topic exactly as it did before adoption. Silence is not a decision to change anything — it is ground the drafters chose to leave exactly as they found it.
Frequently Asked Questions
Did the Virginia Rules of Evidence change existing law when they were adopted?
No. Rule 2:102 states that the rules implement established common-law principles and were not adopted to change case law rendered before the rules took effect. They codify existing law rather than replace it.
Can a court still cite old case law when applying an evidence rule?
Yes. Rule 2:102 allows courts to consider and argue common-law case authority — decided either before or after the rules took effect — when interpreting and applying any rule in the set.
What happens if a topic isn’t covered by any rule?
Existing law remains in effect. Rule 2:102 makes clear that where the Rules of Evidence are silent on a particular topic, adoption of the rules has no effect on the current law or practice governing that topic.
Why would Virginia adopt rules that mostly restate existing law?
Codifying the common law in one organized set of rules gives lawyers and judges a single reference point instead of requiring them to reconstruct evidentiary principles case by case. Rule 2:102 preserves the substance of that case law while making it easier to locate and apply.
Does Rule 2:102 apply to rules adopted after 2012?
The rule speaks to the body of Rules of Evidence generally, including provisions added or amended after the original 2012 adoption. Each later rule or amendment still operates against the backdrop Rule 2:102 describes — implementing, not overturning, established principles.
Amendment History
Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012. Last amended by Order dated November 13, 2020; effective July 1, 2021.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
Also known as: scope of virginia rules of evidencehow to interpret virginia evidence rulescommon law and virginia rules of evidencerule 2:102 virginiadoes virginia evidence rule apply if not covered