(a) Notice To Be Taken. Whenever, in any civil or criminal case it becomes necessary to ascertain what the law, statutory, administrative, or otherwise, of this Commonwealth, of another state, of the United States, of another country, or of any political subdivisio n o r agen cy o f th e same, or under an applicable treaty or international convention is, or was, at any time, th e co u rt may take judicial notice thereof whether specially pleaded or not.
Rule 2:202.JUDICIAL NOTICE OF LAW (derived from Code §§ 8.01-386 and 19.2- 265.2).
Part Two: Virginia Rules of Evidence · Last amended 2021 · Last verified July 16, 2026
In one sentenceRule 2:202 lets a court take judicial notice of the law of Virginia, another state, the federal government, another country, or a political subdivision, even if no party specially pleaded it, and directs the court’s sources for ascertaining that law.
Full Text of Rule 2:202
(b) Sources of Information. The court, in taking such notice, must in a criminal case and may in a civil case consult any book, record, register, jou rnal, 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
Judicial notice of adjudicative facts, covered in Rule 2:201, is one kind of shortcut; Rule 2:202 covers a related but distinct one — notice of law itself. Whenever a case turns on what the statutory, administrative, or other law of Virginia, another state, the United States, another country, or one of their political subdivisions or agencies is or was, the court can take judicial notice of it, whether or not a party specially pleaded that law in the case.
Subdivision (b) tells the court where to look. In a criminal case, the court must consult a book, record, register, journal, or other official document or publication that purports to state or explain the law in question; in a civil case, the court may do the same, though it is not required to. Either way, the court may also consider evidence, other information, or argument the parties offer on what the law says.
Frequently Asked Questions
Does a party have to specially plead foreign or out-of-state law before a Virginia court can notice it?
No. Rule 2:202(a) allows the court to take judicial notice of the relevant law whether or not it was specially pleaded.
What kinds of law can a Virginia court take judicial notice of?
Statutory, administrative, or other law of the Commonwealth, another state, the United States, another country, or a political subdivision or agency of any of those, including law arising under an applicable treaty or international convention.
What sources must a court consult to determine the law in a criminal case?
Rule 2:202(b) requires the court, in a criminal case, to consult a book, record, register, journal, or other official document or publication that purports to contain, state, or explain the law at issue.
Is a civil court required to consult the same sources?
No. In a civil case, Rule 2:202(b) makes consulting those sources permissive rather than mandatory, though the court may still do so and may consider evidence or argument the parties offer on the question.
Can the parties submit their own evidence or argument about what the law says?
Yes. Rule 2:202(b) lets the court consider evidence or other information or argument offered on the subject, in addition to or instead of consulting official sources directly.
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: judicial notice of law virginianotice of out of state law virginia courtforeign law judicial notice virginiajudicial notice of statute virginia