{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-271.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-271.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-271.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-271.html"}],"law_id":82522,"edition_id":1,"section_id":82522,"structure_id":12962,"section_number":"19.2-271","catch_line":"Certain judicial officers incompetent to testify under certain circumstances; exceptions (Supreme Court Rule 2:605 derived from this section)","history":"Code 1950, \u00a7\u00a7 19.1-267, 19.1-268; 1960, c. 366; 1975, c. 495; 1976, c. 269; 1989, c. 738; 1990, c. 602; 2015, c. 635.","full_text":"No judge shall be competent to testify in any criminal or civil proceeding as to any matter which came before him in the course of his official duties.\n\t\tExcept as otherwise provided in this section, no clerk of any court, magistrate, or other person having the power to issue warrants, shall be competent to testify in any criminal or civil proceeding as to any matter which came before him in the course of his official duties. Such person shall be competent to testify in any criminal proceeding wherein the defendant is charged with perjury or pursuant to the provisions of \u00a7 18.2-460 or in any proceeding authorized pursuant to \u00a7 19.2-353.3. Notwithstanding any other provision of this section, any judge, clerk of any court, magistrate, or other person having the power to issue warrants, who is the victim of a crime, shall not be incompetent solely because of his office to testify in any criminal or civil proceeding arising out of the crime.","order_by":null,"text":{"0":{"id":295635,"text":"No judge shall be competent to testify in any criminal or civil proceeding as to any matter which came before him in the course of his official duties.\n\t\tExcept as otherwise provided in this section, no clerk of any court, magistrate, or other person having the power to issue warrants, shall be competent to testify in any criminal or civil proceeding as to any matter which came before him in the course of his official duties. Such person shall be competent to testify in any criminal proceeding wherein the defendant is charged with perjury or pursuant to the provisions of \u00a7 18.2-460 or in any proceeding authorized pursuant to \u00a7 19.2-353.3. Notwithstanding any other provision of this section, any judge, clerk of any court, magistrate, or other person having the power to issue warrants, who is the victim of a crime, shall not be incompetent solely because of his office to testify in any criminal or civil proceeding arising out of the crime.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":12962,"edition_id":1,"name":"In General","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12961,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":169213,"object_type":"structure","relational_id":12962,"identifier":"1","token":"19.2\/16\/1","url":"\/19.2\/16\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12961,"edition_id":1,"name":"Evidence and Witnesses","identifier":"16","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":169211,"object_type":"structure","relational_id":12961,"identifier":"16","token":"19.2\/16","url":"\/19.2\/16\/","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":70616,"structure_id":12962,"section_number":"19.2-267","catch_line":"Provisions applicable to witnesses in criminal as well as civil cases; obligation to attend; summons","url":"\/19.2-267\/","token":"19.2\/16\/1\/19.2-267","metadata":false},{"id":80018,"structure_id":12962,"section_number":"19.2-267.1","catch_line":"Authority of law-enforcement officer to issue summons to witness; failure to appear","url":"\/19.2-267.1\/","token":"19.2\/16\/1\/19.2-267.1","metadata":false},{"id":58922,"structure_id":12962,"section_number":"19.2-267.2","catch_line":"Response to subpoena for information stored in electronic format","url":"\/19.2-267.2\/","token":"19.2\/16\/1\/19.2-267.2","metadata":false},{"id":83006,"structure_id":12962,"section_number":"19.2-268","catch_line":"Right of accused to testify","url":"\/19.2-268\/","token":"19.2\/16\/1\/19.2-268","metadata":false},{"id":72787,"structure_id":12962,"section_number":"19.2-268.1","catch_line":"Contradiction by prior inconsistent writing (Subdivision (b)(i) of Supreme Court Rule 2:613 derived in part from this section)","url":"\/19.2-268.1\/","token":"19.2\/16\/1\/19.2-268.1","metadata":false},{"id":76061,"structure_id":12962,"section_number":"19.2-268.2","catch_line":"Recent complaint hearsay exception (Subdivision (23) of Supreme Court Rule 2:803 derived from this section)","url":"\/19.2-268.2\/","token":"19.2\/16\/1\/19.2-268.2","metadata":false},{"id":64807,"structure_id":12962,"section_number":"19.2-268.3","catch_line":"Admissibility of statements by children in certain cases","url":"\/19.2-268.3\/","token":"19.2\/16\/1\/19.2-268.3","metadata":false},{"id":79860,"structure_id":12962,"section_number":"19.2-269","catch_line":"Convicts as witnesses (Supreme Court Rule 2:609 derived from this section)","url":"\/19.2-269\/","token":"19.2\/16\/1\/19.2-269","metadata":false},{"id":77666,"structure_id":12962,"section_number":"19.2-269.1","catch_line":"Inmates as witnesses in criminal cases","url":"\/19.2-269.1\/","token":"19.2\/16\/1\/19.2-269.1","metadata":false},{"id":67973,"structure_id":12962,"section_number":"19.2-269.2","catch_line":"Nondisclosure of addresses or telephone numbers of crime victims and witnesses","url":"\/19.2-269.2\/","token":"19.2\/16\/1\/19.2-269.2","metadata":false},{"id":63323,"structure_id":12962,"section_number":"19.2-270","catch_line":"When statement by accused as witness not received as evidence","url":"\/19.2-270\/","token":"19.2\/16\/1\/19.2-270","metadata":false},{"id":86326,"structure_id":12962,"section_number":"19.2-270.1","catch_line":"Use of photographs as evidence in certain larceny and burglary prosecutions","url":"\/19.2-270.1\/","token":"19.2\/16\/1\/19.2-270.1","metadata":false},{"id":86031,"structure_id":12962,"section_number":"19.2-270.1:1","catch_line":"Computer and electronic data in obscenity, etc. cases; access to defendant","url":"\/19.2-270.1_1\/","token":"19.2\/16\/1\/19.2-270.1_1","metadata":false},{"id":54053,"structure_id":12962,"section_number":"19.2-270.2","catch_line":"Disposition of money, securities or documents seized upon arrest, etc., and pertinent as evidence","url":"\/19.2-270.2\/","token":"19.2\/16\/1\/19.2-270.2","metadata":false},{"id":79537,"structure_id":12962,"section_number":"19.2-270.3","catch_line":"Admissible evidence as to identity of party presenting bad check, draft or order","url":"\/19.2-270.3\/","token":"19.2\/16\/1\/19.2-270.3","metadata":false},{"id":59185,"structure_id":12962,"section_number":"19.2-270.4","catch_line":"When donation, destruction, or return of exhibits received in evidence authorized","url":"\/19.2-270.4\/","token":"19.2\/16\/1\/19.2-270.4","metadata":false},{"id":58746,"structure_id":12962,"section_number":"19.2-270.4:1","catch_line":"Storage, preservation and retention of human biological evidence in felony cases","url":"\/19.2-270.4_1\/","token":"19.2\/16\/1\/19.2-270.4_1","metadata":false},{"id":73612,"structure_id":12962,"section_number":"19.2-270.5","catch_line":"DNA profile admissible in criminal proceeding","url":"\/19.2-270.5\/","token":"19.2\/16\/1\/19.2-270.5","metadata":false},{"id":78047,"structure_id":12962,"section_number":"19.2-270.6","catch_line":"Evidence of abuse admissible in certain criminal trials (Supreme Court Rule 2:409 derived from this section)","url":"\/19.2-270.6\/","token":"19.2\/16\/1\/19.2-270.6","metadata":false},{"id":58400,"structure_id":12962,"section_number":"19.2-270.7","catch_line":"Determining decibel level of sound with proper equipment; certificate as to accuracy of equipment","url":"\/19.2-270.7\/","token":"19.2\/16\/1\/19.2-270.7","metadata":false},{"id":82522,"structure_id":12962,"section_number":"19.2-271","catch_line":"Certain judicial officers incompetent to testify under certain circumstances; exceptions (Supreme Court Rule 2:605 derived from this section)","url":"\/19.2-271\/","token":"19.2\/16\/1\/19.2-271","metadata":false},{"id":74995,"structure_id":12962,"section_number":"19.2-271.1","catch_line":"Competency of spouses to testify","url":"\/19.2-271.1\/","token":"19.2\/16\/1\/19.2-271.1","metadata":false},{"id":66486,"structure_id":12962,"section_number":"19.2-271.2","catch_line":"Testimony of spouses in criminal cases (Subsection (b) of Supreme Court Rule 2:504 derived from this section)","url":"\/19.2-271.2\/","token":"19.2\/16\/1\/19.2-271.2","metadata":false},{"id":54753,"structure_id":12962,"section_number":"19.2-271.3","catch_line":"Communications between ministers of religion and persons they counsel or advise (Supreme Court Rule 2:503 derived in part from this section)","url":"\/19.2-271.3\/","token":"19.2\/16\/1\/19.2-271.3","metadata":false},{"id":74779,"structure_id":12962,"section_number":"19.2-271.4","catch_line":"Privileged communications by certain public safety personnel","url":"\/19.2-271.4\/","token":"19.2\/16\/1\/19.2-271.4","metadata":false},{"id":55255,"structure_id":12962,"section_number":"19.2-271.5","catch_line":"Protected information; newspersons engaged in journalism","url":"\/19.2-271.5\/","token":"19.2\/16\/1\/19.2-271.5","metadata":false},{"id":58525,"structure_id":12962,"section_number":"19.2-271.6","catch_line":"Evidence of defendant's mental condition admissible; notice to Commonwealth","url":"\/19.2-271.6\/","token":"19.2\/16\/1\/19.2-271.6","metadata":false},{"id":63925,"structure_id":12962,"section_number":"19.2-271.7","catch_line":"Notifying defendant of consequences criminal proceedings can have on immigration","url":"\/19.2-271.7\/","token":"19.2\/16\/1\/19.2-271.7","metadata":false}],"previous_section":{"id":58400,"structure_id":12962,"section_number":"19.2-270.7","catch_line":"Determining decibel level of sound with proper equipment; certificate as to accuracy of equipment","url":"\/19.2-270.7\/","token":"19.2\/16\/1\/19.2-270.7","metadata":false},"next_section":{"id":74995,"structure_id":12962,"section_number":"19.2-271.1","catch_line":"Competency of spouses to testify","url":"\/19.2-271.1\/","token":"19.2\/16\/1\/19.2-271.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-271\/","history_text":"<p>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 1975, chapter 495; in 1976, chapter 269; in 1989, chapter 738; in 1990, chapter 602; in 2015, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0635\">635<\/a>.<\/p>","references":[{"id":59524,"section_number":"8.01-407","catch_line":"How summons for witness issued and to whom directed; how witness released from subpoena; prior permission of court to summon certain officials and judges","order_by":null,"url":"\/8.01-407\/"}],"refers_to":[{"id":56127,"section_number":"18.2-460","catch_line":"Obstructing justice; resisting arrest; fleeing from a law-enforcement officer; penalties","order_by":null,"url":"\/18.2-460\/"},{"id":80714,"section_number":"19.2-353.3","catch_line":"Acceptance of checks and credit or debit cards in lieu of money; additional fee","order_by":null,"url":"\/19.2-353.3\/"}],"permalink":{"id":169295,"object_type":"law","relational_id":82522,"identifier":"19.2-271","token":"19.2\/16\/1\/19.2-271","url":"\/19.2-271\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-271\/","token":"19.2\/16\/1\/19.2-271","dublin_core":{"Title":"Certain judicial officers incompetent to testify under certain circumstances; exceptions (Supreme Court Rule 2:605 derived from this section)","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-271","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>No <span class=\"dictionary\">judge<\/span> shall be competent to testify in any criminal or civil proceeding as to any matter which came before him in the course of his official duties.\n\t\tExcept as otherwise provided in this section, no clerk of any <span class=\"dictionary\">court<\/span>, <span class=\"dictionary\">magistrate<\/span>, or other person having the power to <span class=\"dictionary\">issue<\/span> warrants, shall be competent to testify in any criminal or civil proceeding as to any matter which came before him in the course of his official duties. Such person shall be competent to testify in any criminal proceeding wherein the <span class=\"dictionary\">defendant<\/span> is charged with <span class=\"dictionary\">perjury<\/span> or pursuant to the provisions of \u00a7&nbsp;<a class=\"law\" title=\"Obstructing justice; resisting arrest; fleeing from a law-enforcement officer; penalties\" href=\"\/18.2-460\/\">18.2-460<\/a> or in any proceeding authorized pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Acceptance of checks and credit or debit cards in lieu of money; additional fee\" href=\"\/19.2-353.3\/\">19.2-353.3<\/a>. Notwithstanding any other provision of this section, any <span class=\"dictionary\">judge<\/span>, clerk of any <span class=\"dictionary\">court<\/span>, <span class=\"dictionary\">magistrate<\/span>, or other person having the power to <span class=\"dictionary\">issue<\/span> warrants, who is the victim of a <span class=\"dictionary\">crime<\/span>, shall not be incompetent solely because of his office to testify in any criminal or civil proceeding arising out of the <span class=\"dictionary\">crime<\/span>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCERTAIN JUDICIAL OFFICERS INCOMPETENT TO TESTIFY UNDER CERTAIN CIRCUMSTANCES;\nEXCEPTIONS (SUPREME COURT RULE 2:605 DERIVED FROM THIS SECTION) (\u00a7 19.2-271)\n\nNo judge shall be competent to testify in any criminal or civil proceeding as to\nany matter which came before him in the course of his official duties.\n\t\tExcept as otherwise provided in this section, no clerk of any court,\nmagistrate, or other person having the power to issue warrants, shall be\ncompetent to testify in any criminal or civil proceeding as to any matter which\ncame before him in the course of his official duties. Such person shall be\ncompetent to testify in any criminal proceeding wherein the defendant is charged\nwith perjury or pursuant to the provisions of \u00a7 18.2-460 or in any proceeding\nauthorized pursuant to \u00a7 19.2-353.3. Notwithstanding any other provision of\nthis section, any judge, clerk of any court, magistrate, or other person having\nthe power to issue warrants, who is the victim of a crime, shall not be\nincompetent solely because of his office to testify in any criminal or civil\nproceeding arising out of the crime.\n\nHISTORY: Code 1950, \u00a7\u00a7 19.1-267, 19.1-268; 1960, c. 366; 1975, c. 495; 1976,\nc. 269; 1989, c. 738; 1990, c. 602; 2015, c. 635.","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}}