Part Two: Virginia Rules of Evidence · Last amended 2023 · Last verified July 16, 2026
In one sentenceRule 2:103 requires a timely, specific objection before a party can challenge evidence that was admitted, and a proffer of the excluded evidence’s substance before a party can challenge a refusal to admit it, while directing courts to keep inadmissible evidence away from the jury.
Full Text of Rule 2:103
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(a)Admission or exclusion of evidence. Error may not be predicated upon admission or exclusion of evidence, unless:
(1)As to evidence admitted, a contemporaneous objection is stated with reasonable certainty as required in Rule 5:25 and 5A:18 or in any continuing objection on the record to a related series of questions, answers or exhibits if permitted by the trial court in order to avoid the necessity of repetitious objections; or
(2)As to evidence excluded, the substance of the evidence was made known to the court by proffer. (b) Hearing of jury. In jury cases, proceedings will be conducted so as to prevent inadmissible evidence from being made known to the jury.
Plain-English Summary
Rule 2:103 sets the price of admission for challenging an evidentiary ruling on appeal or in a later motion: you have to have objected — or proffered — at the time. Subdivision (a) covers two situations. If evidence was let in and a party wants to complain about that later, the party must have made a contemporaneous objection stated with reasonable certainty, or fallen within a continuing objection the trial court allowed to cover a related series of questions, answers, or exhibits without forcing the party to repeat the same objection over and over.
If evidence was kept out instead, the mirror-image requirement applies: the party who wanted it admitted must have made the substance of that evidence known to the court through a proffer. Without a proffer, a reviewing court has no record of what the excluded evidence would have shown, and generally cannot find error in keeping it out.
Subdivision (b) addresses jury cases directly. Trial proceedings must be conducted so inadmissible evidence never reaches the jury’s ears in the first place — objections, proffers, and rulings on them typically happen outside the jury’s presence so an erroneous ruling does not taint the jury regardless of how it comes out.
Frequently Asked Questions
What do I have to do to preserve an objection to evidence that was admitted?
Rule 2:103(a)(1) requires a contemporaneous objection stated with reasonable certainty, made under Rule 5:25 and Rule 5A:18, at the time the evidence comes in. A trial court may also permit a continuing objection to a related series of questions, answers, or exhibits so a party does not have to repeat the same objection each time.
What is a proffer, and when do I need one?
A proffer is a statement making the substance of excluded evidence known to the court. Rule 2:103(a)(2) requires one before a party can challenge a ruling that kept evidence out — without a proffer, a reviewing court has no way to know what the excluded evidence would have shown.
What happens if I don’t object or proffer at the right time?
Rule 2:103(a) states that error may not be predicated on the admission or exclusion of evidence unless the objection or proffer requirements are met. Failing to satisfy them can forfeit the ability to challenge the ruling later.
Why does Rule 2:103 keep evidentiary rulings away from the jury?
Subdivision (b) directs that jury proceedings be conducted to prevent inadmissible evidence from reaching the jury. Handling objections and proffers outside the jury’s hearing keeps an erroneous ruling from tainting the jury’s view of the case before an appellate court can address it.
What is a continuing objection, and why does it matter?
A continuing objection is one a trial court permits to cover a related series of questions, answers, or exhibits, so a party is not forced into repetitious objections over the same category of evidence. Rule 2:103(a)(1) recognizes this practice as an alternative to objecting line by line.
Amendment History
Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012. Last amended by Order dated May 26, 2023; effective immediately.
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
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