The testimony of a subscribing witness is not necessary to authenticate a writing unless
required by the laws of the jurisdiction whose laws govern the validity of the writing.
Rule 2:903.SUBSCRIBING WITNESS TESTIMONY NOT NECESSARY
Part Two: Virginia Rules of Evidence · Last amended 2012 · Last verified July 16, 2026
In one sentenceRule 2:903 eliminates the need for a subscribing witness’s testimony to authenticate a writing in Virginia, unless the law of the jurisdiction that governs the writing’s validity requires it.
Full Text of Rule 2:903
Plain-English Summary
Rule 2:903 removes an old formality from the authentication process. Even when a writing was executed with a subscribing witness — someone who signed the document to attest to its execution — that witness’s testimony is not necessary to authenticate the writing at trial.
The rule preserves a narrow exception tied to choice of law: if the law of the jurisdiction whose laws govern the validity of the writing requires subscribing-witness testimony, that requirement still applies. A will or deed governed by a jurisdiction with its own attestation rules can still require the subscribing witness, even though Virginia’s general evidentiary rule does not demand it.
In practice, Rule 2:903 means a party can typically authenticate a signed writing through the general methods available under Rule 2:901 or the self-authentication categories in Rule 2:902, without tracking down and calling the specific person who witnessed the signature, unless that other jurisdiction’s substantive law says otherwise.
Frequently Asked Questions
Does a document need its subscribing witness to testify before it can be admitted in a Virginia case?
No, not as a general matter. Rule 2:903 states that a subscribing witness’s testimony is not necessary to authenticate a writing.
Is there any situation where subscribing-witness testimony is still required?
Yes. Rule 2:903 preserves the requirement when the law of the jurisdiction that governs the validity of the writing itself requires it.
What is a subscribing witness?
Someone who signed a document to attest that they witnessed its execution — a role sometimes required for certain instruments like wills or deeds under governing substantive law.
How does a party authenticate a writing if not through the subscribing witness?
Through the general authentication standard in Rule 2:901 or the self-authenticating categories in Rule 2:902, which do not depend on producing the subscribing witness.
Why would Rule 2:903 matter for a will executed under another jurisdiction’s law?
If that other jurisdiction’s law governing the will’s validity requires subscribing-witness testimony to authenticate it, Rule 2:903’s general exemption does not override that requirement.
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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