West Virginia Rules of Evidence

In West Virginia, the rules of evidence govern proceedings in the courts to the extent and with the exceptions stated in Rule 1101.  Rules of evidence not in conflict with any of the rules or any other rules adopted by the Supreme Court of Appeals shall be deemed to be in effect until superseded by rule or decision of the Supreme Court of Appeals.  These rules apply to all actions and proceedings in the courts of West Virginia except as otherwise provided in the statute.  These rules other than those with respect to privileges do not apply in situations such as:

  • Preliminary questions of fact;
  • Proceedings before grand juries;
  • Miscellaneous proceedings such as sentencing; granting or revoking probation; issuance of warrants for arrest, criminal summonses and search warrants; and proceedings with respect to release on bail or otherwise; and
  • Contempt proceedings in which the court may act summarily.

Table of Contents of West Virginia Rules of Evidence

  ARTICLE I. GENERAL PROVISIONS.

    Art. I Note

    Rule 101. Scope.

    Rule 102. Purpose and construction.

    Rule 103. Rulings on evidence.

    Rule 104. Preliminary questions.

    Rule 105. Limited admissibility.

    Rule 106. Remainder of or related writings or recorded statements.

    ARTICLE II. JUDICIAL NOTICE.

    Art. II Note

    Rule 201. Judicial notice of adjudicative facts.

    Rule 202. Judicial notice of law.

    ARTICLE III. PRESUMPTIONS.

    Rule 301. Presumptions in civil actions and proceedings.

    ARTICLE IV. RELEVANCY AND ITS LIMITS.

    Art. IV Note

    Rule 401. Definition of “relevant evidence.”

    Rule 402. Relevant evidence generally admissible; irrelevant evidence inadmissible.

    Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time.

    Rule 404. Character evidence not admissible to prove conduct; exceptions; other crimes.

    Rule 405. Methods of proving character.

    Rule 406. Habit; routine practice.

    Rule 407. Subsequent remedial measures.

    Rule 408. Compromise and offers to compromise.

    Rule 409. Payment of medical and similar expenses.

    Rule 410. Inadmissibility of plea discussions and related statements.

    Rule 411. Liability insurance.

    ARTICLE V. PRIVILEGES.

    Rule 501. General rule.

    ARTICLE VI. WITNESSES.

    Art. VI Note

    Rule 601. General rule of competency.

    Rule 602. Lack of personal knowledge

    Rule 603. Oath or affirmation.

    Rule 604. Interpreters.

    Rule 605. Competency of judge as witness.

    Rule 606. Competency of juror as witness.

    Rule 607. Who may impeach.

    Rule 608. Evidence of character and conduct of witness.

    Rule 609. Impeachment by evidence of conviction of crime.

    Rule 610. Religious beliefs or opinions.

    Rule 611. Mode and order of interrogation and presentation.

    Rule 612. Writing or object used to refresh memory.

    Rule 613. Prior statements of witnesses.

    Rule 614. Calling and interrogation of witnesses by court.

    Rule 615. Exclusion of witness.

    ARTICLE VII. OPINION AND EXPERT TESTIMONY.

    Art. VII Note

    Rule 701. Opinion testimony by lay witnesses.

    Rule 702. Testimony by experts.

    Rule 703. Bases of opinion testimony by experts.

    Rule 704. Opinion on ultimate issue.

    Rule 705. Disclosure of facts or data underlying expert opinion.

    Rule 706. Court appointed experts.

    ARTICLE VIII. HEARSAY.

    Art. VIII Note

    Rule 801. Definitions.

    Rule 802. Hearsay rule.

    Rule 803. Hearsay exceptions: Availability of declarant immaterial.

    Rule 804. Hearsay exceptions; declarant unavailable.

    Rule 805. Hearsay within hearsay.

    Rule 806. Attacking and supporting credibility of declarant.

    ARTICLE IX. AUTHENTICATION AND IDENTIFICATION.

    Art. IX Note 

    Rule 901. Requirement of authentication or identification.

    Rule 902. Self-authentication.

    Rule 903. Subscribing witness’ testimony unnecessary.

    ARTICLE X. CONTENTS OF WRITINGS: RECORDINGS & PHOTOGRAPHS.

    Art. X Note

    Rule 1001. Definitions.

    Rule 1002. Requirement of original.

    Rule 1003. Admissibility of duplicates.

    Rule 1004. Admissibility of other evidence of contents.

    Rule 1005. Public records.

    Rule 1006. Summaries.

    Rule 1007. Testimony or written admission of a party.

    Rule 1008. Functions of court and jury.

    ARTICLE XI. MISCELLANEOUS.

    Rule 1101. Applicability.

    Rule 1102. Title.

West Virginia Rules of Evidence


Inside West Virginia Rules of Evidence