Wednesday, October 03, 2012
On the Rules of Evidence
The Charlottesville paper has this article on how the adoption of the Virginia Rules of Evidence was a long-term project for law professor Kent Sinclair. It begins: "A University of Virginia law professor spent 18 years sorting through centuries worth of case law to develop the Virginia Rules of Evidence, a comprehensive guide to govern the admission of evidence in civil and criminal trials across the state." Interestingly, I never noticed before today that the new and improved version of Va. Code 8.01-3, dealing with the Rules of Evidence, includes this proviso: "The General Assembly may, from time to time, by the enactment of a general law, modify or annul any rules adopted or amended pursuant to this section. In the case of any variance between a rule and an enactment of the General Assembly such variance shall be construed so as to give effect to such enactment."