Hearsay is not admissible except as provided by these Rules, other Rules of the Supreme
Court of Virginia, or by Virginia statutes or case law.
Rule 2:802.HEARSAY RULE
Part Two: Virginia Rules of Evidence · Last amended 2012 · Last verified July 16, 2026
In one sentenceRule 2:802 states the basic exclusionary hearsay rule — hearsay is inadmissible unless the Rules of Evidence, another Rule of the Supreme Court of Virginia, a Virginia statute, or Virginia case law provides otherwise.
Full Text of Rule 2:802
Plain-English Summary
Rule 2:802 is the hinge the entire hearsay article turns on. After Rule 2:801 defines what hearsay is, Rule 2:802 states the consequence: hearsay is not admissible. That single sentence carries the exclusionary force behind every hearsay objection made in a Virginia courtroom.
The rule immediately qualifies its own bar by pointing to four sources of exceptions: these Rules of Evidence themselves (chiefly Rules 2:803, 2:803.1, and 2:804), other Rules of the Supreme Court of Virginia, Virginia statutes, and Virginia case law. That breadth matters — the hearsay exceptions are not confined to the evidentiary rules alone, since a statute or a line of judicial decisions can create an exception that operates alongside the codified ones.
Because Rule 2:802 does no more than state the rule and point to its exceptions, the real analytical work happens elsewhere: identifying whether a statement is hearsay under Rule 2:801, and then checking whether it fits within one of the many exceptions that Rules 2:803, 2:803.1, and 2:804 recognize, or within a statute or case-law exception outside these Rules.
Frequently Asked Questions
What is the basic rule about hearsay in Virginia courts?
Rule 2:802 states that hearsay is not admissible, except as otherwise provided by the Rules of Evidence, other Rules of the Supreme Court of Virginia, or Virginia statutes or case law.
Are all hearsay exceptions found in the Rules of Evidence themselves?
No. Rule 2:802 recognizes exceptions found not only in these Rules but also in other Rules of the Supreme Court of Virginia and in Virginia statutes or case law.
Which rules contain most of the hearsay exceptions referenced by Rule 2:802?
Rules 2:803, 2:803.1, and 2:804 set out the bulk of the hearsay exceptions recognized within the Rules of Evidence.
Does Rule 2:802 itself define what hearsay is?
No. Rule 2:802 states the exclusionary rule; Rule 2:801 supplies the definitions of statement, declarant, and hearsay that Rule 2:802 applies to.
Can case law create a hearsay exception that isn’t written into these Rules?
Yes. Rule 2:802 expressly recognizes Virginia case law as one of the sources that can permit hearsay otherwise excluded by the rule.
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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