(a) No judge is competent to testify in any criminal or civil proceeding as to any matter which came before the judge in the course of official duties.
Rule 2:605.COMPETENCY OF COURT PERSONNEL AS WITNESSES (derived from Code § 19.2-271).
Part Two: Virginia Rules of Evidence · Last amended 2021 · Last verified July 16, 2026
In one sentenceRule 2:605 bars a judge from testifying about matters that came before the judge officially, and with listed exceptions, bars clerks, magistrates, and other warrant-issuing officials from testifying about their own official matters, while preserving their competency to testify as crime victims and to authenticate filed court records.
Full Text of Rule 2:605
(b) Except as otherwise provided in this Rule, no clerk of any court, magistrate, or other person having the power to issue warrants, is competent to testify in any criminal or civil proceeding, as to any matter which came before him or her in the course of official dutie s. Such person may be competent to testify in any criminal proceeding wherein the defendant is cha rge d with perjury or pursuant to the provisions of § 18.2-460 or in any proceeding authorized pursuant to § 19.2-353.3. Notwithstanding any other provision of this section, any judge, clerk of any court, magistrate, or other person having the power to issue warrants, who is the victim of a crime, is not incompetent solely because of his or her office to testify in any criminal or civil proceeding arising out of the crime. Nothing in this subpart (b) precludes otherwise proper testimony by a clerk or deputy clerk concerning documents filed in the official records.
Plain-English Summary
Rule 2:605 keeps judicial and quasi-judicial officers off the witness stand when it comes to the official business they handled. Subdivision (a) bars any judge from testifying in a criminal or civil proceeding about a matter that came before the judge in the course of official duties — an absolute rule with no listed exceptions.
Subdivision (b) extends a similar bar to clerks of court, magistrates, and other officials with the power to issue warrants, but with more give. These officials generally cannot testify about matters that came before them officially, but the rule carves out two situations: a criminal proceeding where the defendant is charged with perjury or under Code § 18.2-460, and a proceeding authorized under Code § 19.2-353.3. The rule further clarifies that a judge, clerk, magistrate, or other warrant-issuing official who becomes the victim of a crime is not incompetent, solely because of holding that office, to testify in a criminal or civil proceeding arising out of that crime.
The rule closes with a practical clarification: nothing in subpart (b) prevents a clerk or deputy clerk from giving otherwise proper testimony about documents filed in the official records. That preserves the routine function of clerks authenticating and explaining what is on file with the court, distinct from testifying about matters that came before them in exercising judicial or quasi-judicial power.
Frequently Asked Questions
Can a judge testify about a case that came before that judge officially?
No. Rule 2:605(a) bars a judge from testifying in any criminal or civil proceeding about a matter that came before the judge in the course of official duties.
Are court clerks and magistrates ever allowed to testify about matters that came before them officially?
Generally no, but Rule 2:605(b) allows it in a criminal proceeding where the defendant is charged with perjury or under Code § 18.2-460, or in a proceeding authorized under Code § 19.2-353.3.
If a judge or clerk is the victim of a crime, can that person testify about it?
Yes. Rule 2:605(b) states that a judge, clerk, magistrate, or other warrant-issuing official who is the victim of a crime is not incompetent solely because of holding that office to testify in a proceeding arising out of the crime.
Can a clerk testify about documents on file with the court?
Yes. Rule 2:605(b) expressly preserves a clerk’s or deputy clerk’s ability to give otherwise proper testimony about documents filed in the official records.
What Code section is Rule 2:605 derived from?
Rule 2:605 is derived from Code § 19.2-271, according to the rule’s title.
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
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