Rule 2:203.JUDICIAL NOTICE OF OFFICIAL PUBLICATIONS (derived from Code § 8.01-388).
Part Two: Virginia Rules of Evidence · Last amended 2021 · Last verified July 16, 2026
Full Text of Rule 2:203
Plain-English Summary
Rule 2:203 narrows the discretion Rule 2:202 otherwise gives courts over judicial notice of law. Where Rule 2:202 generally allows a court to take judicial notice of law, Rule 2:203 requires it for a specific category: official publications. If Virginia or one of its political subdivisions or agencies was required by law to publish something — regulations, official reports, and the like — a court must take judicial notice of its contents. There is no discretion to decline.
The same mandatory duty extends beyond Virginia’s borders. A court must also take judicial notice of the official publications of other states, the United States, and other countries, along with their political subdivisions and agencies, as long as those publications were required to be published under the laws of the jurisdiction that issued them. The rule’s mandatory language reflects the reliability courts place in official government publications that the issuing authority was legally obligated to produce.
Frequently Asked Questions
Is judicial notice of official publications mandatory or discretionary under Rule 2:203?
Mandatory. The rule states that the court “must” take judicial notice of the contents of qualifying official publications, unlike the more permissive language in Rule 2:202 governing judicial notice of law generally.
What makes a publication qualify under Rule 2:203?
It must be an official publication of a government or agency — Virginia, another state, the United States, another country, or any of their political subdivisions or agencies — that was required to be published pursuant to the laws of the jurisdiction issuing it.
Does Rule 2:203 cover publications from outside the United States?
Yes. It requires judicial notice of official publications of other countries and their political subdivisions and agencies, on the same terms as publications from Virginia, other states, and the federal government.
How does Rule 2:203 differ from Rule 2:202?
Rule 2:202 addresses judicial notice of law generally and gives courts discretion in civil cases over which sources to consult. Rule 2:203 carves out official publications specifically and requires notice of their contents without that discretion.
Do the parties need to request judicial notice of an official publication?
The rule’s mandatory phrasing means a court’s duty to notice a qualifying publication does not depend on a party’s request, though a party can bring the publication to the court’s attention to ensure it is considered.
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.