{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-3.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-3.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-3.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-3.1.html"}],"law_id":84637,"edition_id":1,"section_id":84637,"structure_id":14432,"section_number":"19.2-3.1","catch_line":"Personal appearance by two-way electronic video and audio communication; standards","history":"1991, c. 41; 1996, cc. 755, 914; 2006, c. 285; 2009, cc. 94, 623; 2010, c. 800; 2017, c. 669; 2021, Sp. Sess. I, c. 86; 2023, c. 468.","full_text":"A\n\nWhere an appearance is required or permitted before a magistrate, intake officer, or, prior to trial, judge, the appearance may be by (i) personal appearance before the magistrate, intake officer, or judge or (ii) use of two-way electronic video and audio communication. With the consent of the court and all parties, an appearance in a court may be made by two-way electronic video and audio communication for the purpose of (a) entry of a plea of guilty or nolo contendere and the related sentencing of the defendant charged with a misdemeanor or felony, (b) entry of a nolle prosequi or dismissal, (c) a revocation proceeding pursuant to § 19.2-306, or (d) waiver of a preliminary hearing.\n\t\t\tIf two-way electronic video and audio communication is used, a magistrate, intake officer, or judge may exercise all powers conferred by law and all communications and proceedings shall be conducted in the same manner as if the appearance were in person. If two-way electronic video and audio communication is available for use by a district court for the conduct of a hearing to determine bail or to determine representation by counsel, the court shall use such communication in any such proceeding that would otherwise require the transportation of a person from outside the jurisdiction of the court in order to appear in person before the court. Any documents transmitted between the magistrate, intake officer, or judge and the person appearing before the magistrate, intake officer, or judge may be transmitted by electronically transmitted facsimile process or other electronic method. The facsimile or other electronically generated document may be served or executed by the officer or person to whom sent, and returned in the same manner, and with the same force, effect, authority, and liability as an original document. All signatures thereon shall be treated as original signatures.B\n\nAny two-way electronic video and audio communication system used for an appearance shall meet the following standards:1\n\nThe persons communicating must simultaneously see and speak to one another;2\n\nThe signal transmission must be live, real time;3\n\nThe signal transmission must be secure from interception through lawful means by anyone other than the persons communicating; and4\n\nAny other specifications as may be promulgated by the Chief Justice of the Supreme Court.C\n\nNothing in this section shall be construed as requiring a locality to purchase a two-way electronic video and audio communication system. Any decision to purchase such a system is at the discretion of the locality.","order_by":null,"text":{"0":{"id":303377,"text":"Where an appearance is required or permitted before a magistrate, intake officer, or, prior to trial, judge, the appearance may be by (i) personal appearance before the magistrate, intake officer, or judge or (ii) use of two-way electronic video and audio communication. With the consent of the court and all parties, an appearance in a court may be made by two-way electronic video and audio communication for the purpose of (a) entry of a plea of guilty or nolo contendere and the related sentencing of the defendant charged with a misdemeanor or felony, (b) entry of a nolle prosequi or dismissal, (c) a revocation proceeding pursuant to § 19.2-306, or (d) waiver of a preliminary hearing.\n\t\t\tIf two-way electronic video and audio communication is used, a magistrate, intake officer, or judge may exercise all powers conferred by law and all communications and proceedings shall be conducted in the same manner as if the appearance were in person. If two-way electronic video and audio communication is available for use by a district court for the conduct of a hearing to determine bail or to determine representation by counsel, the court shall use such communication in any such proceeding that would otherwise require the transportation of a person from outside the jurisdiction of the court in order to appear in person before the court. Any documents transmitted between the magistrate, intake officer, or judge and the person appearing before the magistrate, intake officer, or judge may be transmitted by electronically transmitted facsimile process or other electronic method. The facsimile or other electronically generated document may be served or executed by the officer or person to whom sent, and returned in the same manner, and with the same force, effect, authority, and liability as an original document. All signatures thereon shall be treated as original signatures.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":303378,"text":"Any two-way electronic video and audio communication system used for an appearance shall meet the following standards:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":303379,"text":"The persons communicating must simultaneously see and speak to one another;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":303380,"text":"The signal transmission must be live, real time;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":303381,"text":"The signal transmission must be secure from interception through lawful means by anyone other than the persons communicating; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":303382,"text":"Any other specifications as may be promulgated by the Chief Justice of the Supreme Court.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":303383,"text":"Nothing in this section shall be construed as requiring a locality to purchase a two-way electronic video and audio communication system. Any decision to purchase such a system is at the discretion of the locality.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4"}},"ancestry":[{"id":14432,"edition_id":1,"name":"General Provisions","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:48:07","date_modified":"2026-06-26 03:48:07","permalink":{"id":168171,"object_type":"structure","relational_id":14432,"identifier":"1","token":"19.2\/1","url":"\/19.2\/1\/","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":63715,"structure_id":14432,"section_number":"19.2-1","catch_line":"Repealing clause","url":"\/19.2-1\/","token":"19.2\/1\/19.2-1","metadata":false},{"id":85785,"structure_id":14432,"section_number":"19.2-10","catch_line":"Outlawry abolished","url":"\/19.2-10\/","token":"19.2\/1\/19.2-10","metadata":false},{"id":55795,"structure_id":14432,"section_number":"19.2-10.1","catch_line":"(Effective July 1, 2026) Subpoena duces tecum for obtaining records concerning banking and credit cards","url":"\/19.2-10.1\/","token":"19.2\/1\/19.2-10.1","metadata":false},{"id":87357,"structure_id":14432,"section_number":"19.2-10.2","catch_line":"Administrative subpoena issued for record from provider of electronic communication service or remote computing service","url":"\/19.2-10.2\/","token":"19.2\/1\/19.2-10.2","metadata":false},{"id":80864,"structure_id":14432,"section_number":"19.2-10.3","catch_line":"Reasonable suspicion required to stop, board, or inspect a noncommercial vessel on navigable waters of the Commonwealth","url":"\/19.2-10.3\/","token":"19.2\/1\/19.2-10.3","metadata":false},{"id":74594,"structure_id":14432,"section_number":"19.2-10.4","catch_line":"Subpoena duces tecum; attorney-issued subpoena duces tecum","url":"\/19.2-10.4\/","token":"19.2\/1\/19.2-10.4","metadata":false},{"id":84111,"structure_id":14432,"section_number":"19.2-11","catch_line":"Procedure in contempt cases","url":"\/19.2-11\/","token":"19.2\/1\/19.2-11","metadata":false},{"id":83936,"structure_id":14432,"section_number":"19.2-2","catch_line":"Effect of repeal of Title 19.1 and enactment of this title","url":"\/19.2-2\/","token":"19.2\/1\/19.2-2","metadata":false},{"id":58240,"structure_id":14432,"section_number":"19.2-3","catch_line":"Certain notices, recognizances and processes validated","url":"\/19.2-3\/","token":"19.2\/1\/19.2-3","metadata":false},{"id":84637,"structure_id":14432,"section_number":"19.2-3.1","catch_line":"Personal appearance by two-way electronic video and audio communication; standards","url":"\/19.2-3.1\/","token":"19.2\/1\/19.2-3.1","metadata":false},{"id":70830,"structure_id":14432,"section_number":"19.2-4","catch_line":"References to former sections, articles or chapters of Titles 18.1 and 19.1","url":"\/19.2-4\/","token":"19.2\/1\/19.2-4","metadata":false},{"id":67384,"structure_id":14432,"section_number":"19.2-5","catch_line":"Meaning of certain terms","url":"\/19.2-5\/","token":"19.2\/1\/19.2-5","metadata":false},{"id":87210,"structure_id":14432,"section_number":"19.2-6","catch_line":"Appointive power of circuit courts","url":"\/19.2-6\/","token":"19.2\/1\/19.2-6","metadata":false},{"id":63248,"structure_id":14432,"section_number":"19.2-7","catch_line":"Rewards for arrest of persons convicted of or charged with offenses; rewards for conviction of unknown offenders","url":"\/19.2-7\/","token":"19.2\/1\/19.2-7","metadata":false},{"id":71434,"structure_id":14432,"section_number":"19.2-8","catch_line":"Limitation of prosecutions","url":"\/19.2-8\/","token":"19.2\/1\/19.2-8","metadata":false},{"id":87384,"structure_id":14432,"section_number":"19.2-8.1","catch_line":"Prosecution for murder or manslaughter; passage of time not a limitation","url":"\/19.2-8.1\/","token":"19.2\/1\/19.2-8.1","metadata":false},{"id":66117,"structure_id":14432,"section_number":"19.2-9","catch_line":"Prosecution of certain criminal cases removed from state to federal courts; costs","url":"\/19.2-9\/","token":"19.2\/1\/19.2-9","metadata":false},{"id":56249,"structure_id":14432,"section_number":"19.2-9.1","catch_line":"Written notice required for complaining witness who is requested to take polygraph test","url":"\/19.2-9.1\/","token":"19.2\/1\/19.2-9.1","metadata":false}],"previous_section":{"id":58240,"structure_id":14432,"section_number":"19.2-3","catch_line":"Certain notices, recognizances and processes validated","url":"\/19.2-3\/","token":"19.2\/1\/19.2-3","metadata":false},"next_section":{"id":70830,"structure_id":14432,"section_number":"19.2-4","catch_line":"References to former sections, articles or chapters of Titles 18.1 and 19.1","url":"\/19.2-4\/","token":"19.2\/1\/19.2-4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-3.1\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 41 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\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 1996, chapters 755<\/a> and 914<\/a>; in 2006, chapter 285<\/a>; in 2009, chapters 94<\/a> and 623<\/a>; in 2010, chapter 800<\/a>; in 2017, chapter 669<\/a>; in 2023, chapter 468<\/a>.<\/p>","references":[{"id":82466,"section_number":"16.1-255","catch_line":"Limitation on issuance of detention orders for juveniles; appearance by juvenile","order_by":null,"url":"\/16.1-255\/"},{"id":57160,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","order_by":null,"url":"\/16.1-260\/"},{"id":76333,"section_number":"16.1-276.3","catch_line":"Use of telephonic communication systems or electronic video and audio communication systems to conduct hearing","order_by":null,"url":"\/16.1-276.3\/"},{"id":65738,"section_number":"16.1-345.1","catch_line":"Use of electronic communication","order_by":null,"url":"\/16.1-345.1\/"},{"id":83719,"section_number":"16.1-93.1","catch_line":"Use of telephonic communication systems or electronic video and audio communication systems to conduct hearing","order_by":null,"url":"\/16.1-93.1\/"},{"id":72254,"section_number":"17.1-513.2","catch_line":"Use of telephonic communication systems or electronic video and audio communication systems to conduct hearing","order_by":null,"url":"\/17.1-513.2\/"},{"id":76399,"section_number":"19.2-182.5","catch_line":"Review of continuation of confinement hearing; procedure and reports; disposition","order_by":null,"url":"\/19.2-182.5\/"},{"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":73680,"section_number":"19.2-187.1","catch_line":"Procedures for notifying accused of certificate of analysis; waiver; continuances","order_by":null,"url":"\/19.2-187.1\/"},{"id":75982,"section_number":"19.2-188.4","catch_line":"Two-way video testimony related to certain forensic medical examinations","order_by":null,"url":"\/19.2-188.4\/"},{"id":61276,"section_number":"19.2-82","catch_line":"Procedure upon arrest without warrant","order_by":null,"url":"\/19.2-82\/"},{"id":64055,"section_number":"37.2-1109","catch_line":"Use of electronic communication","order_by":null,"url":"\/37.2-1109\/"},{"id":77215,"section_number":"37.2-804.1","catch_line":"Use of electronic communication","order_by":null,"url":"\/37.2-804.1\/"},{"id":63282,"section_number":"47.1-2","catch_line":"Definitions","order_by":null,"url":"\/47.1-2\/"}],"refers_to":[{"id":66441,"section_number":"19.2-306","catch_line":"Revocation of suspension of sentence and probation","order_by":null,"url":"\/19.2-306\/"}],"permalink":{"id":168209,"object_type":"law","relational_id":84637,"identifier":"19.2-3.1","token":"19.2\/1\/19.2-3.1","url":"\/19.2-3.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-3.1\/","token":"19.2\/1\/19.2-3.1","dublin_core":{"Title":"Personal appearance by two-way electronic video and audio communication; standards","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-3.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Where an appearance<\/span> is required or permitted before a magistrate<\/span>, intake officer, or, prior to trial<\/span>, judge<\/span>, the appearance<\/span> may be by (i) personal appearance<\/span> before the magistrate<\/span>, intake officer, or judge<\/span> or (ii) use of two-way electronic video and audio communication. With the consent of the court<\/span> and all parties, an appearance<\/span> in a court<\/span> may be made by two-way electronic video and audio communication for the purpose of (a) entry of a plea<\/span> of guilty or nolo contendere<\/span> and the related sentencing of the defendant<\/span> charged with a misdemeanor<\/span> or felony<\/span>, (b) entry of a nolle prosequi<\/span> or dismissal<\/span>, (c) a revocation<\/span> proceeding pursuant to § 19.2-306<\/a>, or (d) waiver<\/span> of a preliminary hearing<\/span>.\n\t\t\tIf two-way electronic video and audio communication is used, a magistrate<\/span>, intake officer, or judge<\/span> may exercise all powers conferred by law<\/span> and all communications and proceedings shall be conducted in the same manner as if the appearance<\/span> were in person. If two-way electronic video and audio communication is available for use by a district court<\/span> for the conduct of a hearing to determine bail<\/span> or to determine representation by counsel<\/span>, the court<\/span> shall use such communication in any such proceeding that would otherwise require the transportation of a person from outside the jurisdiction<\/span> of the court<\/span> in order<\/span> to appear in person before the court<\/span>. Any documents transmitted between the magistrate<\/span>, intake officer, or judge<\/span> and the person appearing before the magistrate<\/span>, intake officer, or judge<\/span> may be transmitted by electronically transmitted facsimile process or other electronic method. The facsimile or other electronically generated document may be served or executed by the officer or person to whom sent, and returned in the same manner, and with the same force, effect, authority, and liability as an original document. All signatures thereon shall be treated as original signatures. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any two-way electronic video and audio communication system used for an appearance<\/span> shall meet the following standards: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The persons communicating must simultaneously see and speak to one another; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The signal transmission must be live, real time; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The signal transmission must be secure from interception through lawful means by anyone other than the persons communicating; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any other specifications as may be promulgated by the Chief Justice of the Supreme Court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Nothing in this section shall be construed as requiring a locality to purchase a two-way electronic video and audio communication system. Any decision to purchase such a system is at the discretion of the locality. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERSONAL APPEARANCE BY TWO-WAY ELECTRONIC VIDEO AND AUDIO COMMUNICATION;\nSTANDARDS (\u00a7 19.2-3.1)\n\nA. Where an appearance is required or permitted before a magistrate, intake\nofficer, or, prior to trial, judge, the appearance may be by (i) personal\nappearance before the magistrate, intake officer, or judge or (ii) use of\ntwo-way electronic video and audio communication. With the consent of the court\nand all parties, an appearance in a court may be made by two-way electronic\nvideo and audio communication for the purpose of (a) entry of a plea of guilty\nor nolo contendere and the related sentencing of the defendant charged with a\nmisdemeanor or felony, (b) entry of a nolle prosequi or dismissal, (c) a\nrevocation proceeding pursuant to § 19.2-306, or (d) waiver of a\npreliminary hearing.\n\t\t\tIf two-way electronic video and audio communication is used, a magistrate,\nintake officer, or judge may exercise all powers conferred by law and all\ncommunications and proceedings shall be conducted in the same manner as if the\nappearance were in person. If two-way electronic video and audio communication\nis available for use by a district court for the conduct of a hearing to\ndetermine bail or to determine representation by counsel, the court shall use\nsuch communication in any such proceeding that would otherwise require the\ntransportation of a person from outside the jurisdiction of the court in order\nto appear in person before the court. Any documents transmitted between the\nmagistrate, intake officer, or judge and the person appearing before the\nmagistrate, intake officer, or judge may be transmitted by electronically\ntransmitted facsimile process or other electronic method. The facsimile or other\nelectronically generated document may be served or executed by the officer or\nperson to whom sent, and returned in the same manner, and with the same force,\neffect, authority, and liability as an original document. All signatures thereon\nshall be treated as original signatures.\n\nB. Any two-way electronic video and audio communication system used for an\nappearance shall meet the following standards:\n\n 1. The persons communicating must simultaneously see and speak to one another;\n\n 2. The signal transmission must be live, real time;\n\n 3. The signal transmission must be secure from interception through lawful\n means by anyone other than the persons communicating; and\n\n 4. Any other specifications as may be promulgated by the Chief Justice of the\n Supreme Court.\n\nC. Nothing in this section shall be construed as requiring a locality to\npurchase a two-way electronic video and audio communication system. Any decision\nto purchase such a system is at the discretion of the locality.\n\nHISTORY: 1991, c. 41; 1996, cc. 755, 914; 2006, c. 285; 2009, cc. 94, 623; 2010,\nc. 800; 2017, c. 669; 2021, Sp. Sess. I, c. 86; 2023, c. 468.","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}}