{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-183.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-183.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-183.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-183.html"}],"law_id":76815,"edition_id":1,"section_id":76815,"structure_id":16023,"section_number":"19.2-183","catch_line":"Examination of witnesses; assistance of counsel; evidentiary matters and remedies; power to adjourn case","history":"Code 1950, \u00a7\u00a7 19.1-101, 19.1-102; 1960, c. 366; 1968, c. 639; 1973, c. 485; 1975, c. 495; 1982, c. 513; 2010, c. 555.","full_text":"A\n\nThe judge before whom any person is brought for an offense shall, as soon as may be practical, in the presence of such person, examine on oath the witnesses for and against him. Before conducting the hearing or accepting a waiver of the hearing, the judge shall advise the accused of his right to counsel and, if the accused is indigent and the offense charged be punishable by confinement in jail or the state correctional facility, the judge shall appoint counsel as provided by law.B\n\nAt the hearing the judge shall, in the presence of the accused, hear testimony presented for and against the accused in accordance with the rules of evidence applicable to criminal trials in this Commonwealth. In felony cases, the accused shall not be called upon to plead, but he may cross-examine any witness who testifies on behalf of the Commonwealth or on behalf of any other defendant, introduce witnesses in his own behalf, and testify in his own behalf.C\n\nA judge may adjourn a trial, pending before him, not exceeding 10 days at one time, without the consent of the accused.D\n\nAt any preliminary hearing under this section, certificates of analysis and reports prepared pursuant to §§ 19.2-187 and 19.2-188 shall be admissible without the testimony of the person preparing such certificate or report.","order_by":null,"text":{"0":{"id":275788,"text":"The judge before whom any person is brought for an offense shall, as soon as may be practical, in the presence of such person, examine on oath the witnesses for and against him. Before conducting the hearing or accepting a waiver of the hearing, the judge shall advise the accused of his right to counsel and, if the accused is indigent and the offense charged be punishable by confinement in jail or the state correctional facility, the judge shall appoint counsel as provided by law.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":275789,"text":"At the hearing the judge shall, in the presence of the accused, hear testimony presented for and against the accused in accordance with the rules of evidence applicable to criminal trials in this Commonwealth. In felony cases, the accused shall not be called upon to plead, but he may cross-examine any witness who testifies on behalf of the Commonwealth or on behalf of any other defendant, introduce witnesses in his own behalf, and testify in his own behalf.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":275790,"text":"A judge may adjourn a trial, pending before him, not exceeding 10 days at one time, without the consent of the accused.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":275791,"text":"At any preliminary hearing under this section, certificates of analysis and reports prepared pursuant to §§ 19.2-187 and 19.2-188 shall be admissible without the testimony of the person preparing such certificate or report.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":16023,"edition_id":1,"name":"Preliminary Hearing","identifier":"12","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 04:04:10","date_modified":"2026-06-26 04:04:10","permalink":{"id":168621,"object_type":"structure","relational_id":16023,"identifier":"12","token":"19.2\/12","url":"\/19.2\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76815,"structure_id":16023,"section_number":"19.2-183","catch_line":"Examination of witnesses; assistance of counsel; evidentiary matters and remedies; power to adjourn case","url":"\/19.2-183\/","token":"19.2\/12\/19.2-183","metadata":false},{"id":73768,"structure_id":16023,"section_number":"19.2-183.1","catch_line":"Joint preliminary hearings","url":"\/19.2-183.1\/","token":"19.2\/12\/19.2-183.1","metadata":false},{"id":75822,"structure_id":16023,"section_number":"19.2-184","catch_line":"Witnesses may be separated (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section)","url":"\/19.2-184\/","token":"19.2\/12\/19.2-184","metadata":false},{"id":82925,"structure_id":16023,"section_number":"19.2-185","catch_line":"Testimony may be reduced to writing and subscribed","url":"\/19.2-185\/","token":"19.2\/12\/19.2-185","metadata":false},{"id":79502,"structure_id":16023,"section_number":"19.2-186","catch_line":"When accused to be discharged, tried, committed or bailed by judge","url":"\/19.2-186\/","token":"19.2\/12\/19.2-186","metadata":false},{"id":77353,"structure_id":16023,"section_number":"19.2-187","catch_line":"Admission into evidence of certain certificates of analysis","url":"\/19.2-187\/","token":"19.2\/12\/19.2-187","metadata":false},{"id":77294,"structure_id":16023,"section_number":"19.2-187.01","catch_line":"Certificate of analysis as evidence of chain of custody of material described therein","url":"\/19.2-187.01\/","token":"19.2\/12\/19.2-187.01","metadata":false},{"id":74057,"structure_id":16023,"section_number":"19.2-187.02","catch_line":"Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment","url":"\/19.2-187.02\/","token":"19.2\/12\/19.2-187.02","metadata":false},{"id":73680,"structure_id":16023,"section_number":"19.2-187.1","catch_line":"Procedures for notifying accused of certificate of analysis; waiver; continuances","url":"\/19.2-187.1\/","token":"19.2\/12\/19.2-187.1","metadata":false},{"id":62769,"structure_id":16023,"section_number":"19.2-187.2","catch_line":"Procedure for subpoena duces tecum of analysis evidence","url":"\/19.2-187.2\/","token":"19.2\/12\/19.2-187.2","metadata":false},{"id":84831,"structure_id":16023,"section_number":"19.2-188","catch_line":"Reports by Chief Medical Examiner received as evidence","url":"\/19.2-188\/","token":"19.2\/12\/19.2-188","metadata":false},{"id":67789,"structure_id":16023,"section_number":"19.2-188.1","catch_line":"Testimony regarding identification of controlled substances","url":"\/19.2-188.1\/","token":"19.2\/12\/19.2-188.1","metadata":false},{"id":86564,"structure_id":16023,"section_number":"19.2-188.2","catch_line":"Certificate of surgeon as evidence","url":"\/19.2-188.2\/","token":"19.2\/12\/19.2-188.2","metadata":false},{"id":67819,"structure_id":16023,"section_number":"19.2-188.3","catch_line":"Admissibility of affidavits by government officials regarding a search of government records (Subdivision (10)(b) of Supreme Court Rule 2:803 derived from this section)","url":"\/19.2-188.3\/","token":"19.2\/12\/19.2-188.3","metadata":false},{"id":75982,"structure_id":16023,"section_number":"19.2-188.4","catch_line":"Two-way video testimony related to certain forensic medical examinations","url":"\/19.2-188.4\/","token":"19.2\/12\/19.2-188.4","metadata":false},{"id":75244,"structure_id":16023,"section_number":"19.2-189","catch_line":"Commitment of accused for further examination","url":"\/19.2-189\/","token":"19.2\/12\/19.2-189","metadata":false},{"id":81953,"structure_id":16023,"section_number":"19.2-190","catch_line":"To whom, and when, examination and recognizance to be certified","url":"\/19.2-190\/","token":"19.2\/12\/19.2-190","metadata":false},{"id":64672,"structure_id":16023,"section_number":"19.2-190.1","catch_line":"Certification of ancillary misdemeanor offenses","url":"\/19.2-190.1\/","token":"19.2\/12\/19.2-190.1","metadata":false},{"id":77289,"structure_id":16023,"section_number":"19.2-190.2","catch_line":"Withdrawal of privately retained counsel","url":"\/19.2-190.2\/","token":"19.2\/12\/19.2-190.2","metadata":false}],"next_section":{"id":73768,"structure_id":16023,"section_number":"19.2-183.1","catch_line":"Joint preliminary hearings","url":"\/19.2-183.1\/","token":"19.2\/12\/19.2-183.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-183\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 366; in 1968, chapter 639; in 1973, chapter 485; in 1975, chapter 495; in 1982, chapter 513; in 2010, chapter 555<\/a>.<\/p>","references":[{"id":78807,"section_number":"18.2-61.1","catch_line":"Testing of certain persons for sexually transmitted infections","order_by":null,"url":"\/18.2-61.1\/"},{"id":61276,"section_number":"19.2-82","catch_line":"Procedure upon arrest without warrant","order_by":null,"url":"\/19.2-82\/"}],"refers_to":[{"id":77353,"section_number":"19.2-187","catch_line":"Admission into evidence of certain certificates of analysis","order_by":null,"url":"\/19.2-187\/"},{"id":84831,"section_number":"19.2-188","catch_line":"Reports by Chief Medical Examiner received as evidence","order_by":null,"url":"\/19.2-188\/"}],"permalink":{"id":168623,"object_type":"law","relational_id":76815,"identifier":"19.2-183","token":"19.2\/12\/19.2-183","url":"\/19.2-183\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-183\/","token":"19.2\/12\/19.2-183","dublin_core":{"Title":"Examination of witnesses; assistance of counsel; evidentiary matters and remedies; power to adjourn case","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-183","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The judge<\/span> before whom any person is brought for an offense<\/span> shall, as soon as may be practical, in the presence of such person, examine on oath<\/span> the witnesses for and against him. Before conducting the hearing<\/span> or accepting a waiver<\/span> of the hearing<\/span>, the judge<\/span> shall advise the accused<\/span> of his right to counsel<\/span> and, if the accused<\/span> is indigent<\/span> and the offense<\/span> charged be punishable by confinement in jail or the state correctional facility, the judge<\/span> shall appoint counsel<\/span> as provided by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> At the hearing<\/span> the judge<\/span> shall, in the presence of the accused<\/span>, hear testimony<\/span> presented for and against the accused<\/span> in accordance with the rules of evidence<\/span> applicable to criminal trials<\/span> in this Commonwealth. In felony<\/span> cases, the accused<\/span> shall not be called upon to plead, but he may cross-examine any witness<\/span> who testifies on behalf of the Commonwealth or on behalf of any other defendant<\/span>, introduce witnesses in his own behalf, and testify in his own behalf. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A judge<\/span> may adjourn a trial<\/span>, pending before him, not exceeding 10 days at one time, without the consent of the accused<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> At any preliminary hearing<\/span> under this section, certificates of analysis and reports prepared pursuant to §§ 19.2-187<\/a> and 19.2-188<\/a> shall be admissible<\/span> without the testimony<\/span> of the person preparing such certificate or report. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXAMINATION OF WITNESSES; ASSISTANCE OF COUNSEL; EVIDENTIARY MATTERS AND\nREMEDIES; POWER TO ADJOURN CASE (\u00a7 19.2-183)\n\nA. The judge before whom any person is brought for an offense shall, as soon as\nmay be practical, in the presence of such person, examine on oath the witnesses\nfor and against him. Before conducting the hearing or accepting a waiver of the\nhearing, the judge shall advise the accused of his right to counsel and, if the\naccused is indigent and the offense charged be punishable by confinement in jail\nor the state correctional facility, the judge shall appoint counsel as provided\nby law.\n\nB. At the hearing the judge shall, in the presence of the accused, hear\ntestimony presented for and against the accused in accordance with the rules of\nevidence applicable to criminal trials in this Commonwealth. In felony cases,\nthe accused shall not be called upon to plead, but he may cross-examine any\nwitness who testifies on behalf of the Commonwealth or on behalf of any other\ndefendant, introduce witnesses in his own behalf, and testify in his own behalf.\n\nC. A judge may adjourn a trial, pending before him, not exceeding 10 days at one\ntime, without the consent of the accused.\n\nD. At any preliminary hearing under this section, certificates of analysis and\nreports prepared pursuant to §§ 19.2-187 and 19.2-188 shall be\nadmissible without the testimony of the person preparing such certificate or\nreport.\n\nHISTORY: Code 1950, \u00a7\u00a7 19.1-101, 19.1-102; 1960, c. 366; 1968, c. 639; 1973,\nc. 485; 1975, c. 495; 1982, c. 513; 2010, c. 555.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}