The effect of a presumption is determined by federal law in any civil action or proceeding as to which federal law supplies the rule of decision.
Rule 2:302.APPLICABILITY OF FEDERAL LAW IN CIVIL ACTIONS AND PROCEEDINGS
Part Two: Virginia Rules of Evidence · Last amended 2012 · Last verified July 16, 2026
In one sentenceRule 2:302 provides that when federal law supplies the rule of decision in a civil action, federal law — not Rule 2:301’s Virginia default — determines what effect a presumption has.
Full Text of Rule 2:302
Plain-English Summary
Rule 2:301 sets the default rule for presumptions in Virginia civil cases. Rule 2:302 marks the boundary of that default: when a civil action or proceeding is one where federal law supplies the rule of decision — a case built on a federal claim, for instance, or one where a federal statute controls the substantive issue — federal law, not Rule 2:301, determines what effect a presumption carries.
The rule is short because its job is narrow. It does not attempt to state what federal presumption law requires; it only signals that Virginia’s own approach to presumptions steps aside when federal law governs the underlying claim, so a court applying a federal cause of action in a Virginia court should look to federal presumption doctrine rather than to Rule 2:301.
Frequently Asked Questions
When does federal law, rather than Rule 2:301, govern how a presumption works?
When federal law supplies the rule of decision in the civil action or proceeding. Rule 2:302 defers to federal law on the effect of a presumption in that circumstance.
Does Rule 2:302 apply in every case filed in a Virginia court?
No. It applies only to civil actions or proceedings where federal law, rather than Virginia law, supplies the substantive rule of decision — for example, a claim created by a federal statute.
What does Rule 2:302 say federal law determines?
The effect of a presumption — meaning whether and how a presumption shifts a burden, as opposed to Rule 2:301’s Virginia default treatment of rebuttable presumptions.
Why does Virginia need a separate rule for federal-law cases?
Because state courts sometimes hear claims governed by federal substantive law, and presumption doctrine can differ between jurisdictions. Rule 2:302 avoids a conflict by directing courts to federal law whenever federal law controls the underlying claim.
How does Rule 2:302 relate to Rule 2:301?
Rule 2:301 states Virginia’s default rule for rebuttable presumptions in civil cases. Rule 2:302 is the exception: it displaces that default whenever federal law supplies the rule of decision for the action.
Amendment History
Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012.
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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