{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-396.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-396.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-396.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-396.2.html"}],"law_id":69399,"edition_id":1,"section_id":69399,"structure_id":13957,"section_number":"8.01-396.2","catch_line":"Minor witness; appointment of guardian ad litem","history":"2023, c. 378; 2025, c. 334.","full_text":"A\n\nIn any proceeding before a general district court, the court may, if it determines the circumstances so require, appoint a discreet and competent attorney-at-law as guardian ad litem to represent the interests of a minor who is called to testify. It shall be the duty of the court to ensure that the interests of such minor witness are represented and protected.B\n\nWhen the guardian ad litem, to the satisfaction of the court, has rendered substantial service in accordance with this section, the court may allow such guardian ad litem reasonable compensation to be paid from the funds appropriated to pay for the compensation of court-appointed counsel according to the rates and procedures set by the Supreme Court of Virginia.C\n\nIf the matter in which a minor witness is called to testify is appealed to a circuit court, such circuit court may continue the appointment of the guardian ad litem or may appoint another discreet and competent attorney-at-law as guardian ad litem.D\n\nAdditionally, a circuit court may appoint a guardian ad litem in accordance with this section when a minor witness is called to testify in any proceeding before the circuit court involving a criminal sexual assault in violation of a provision of Article 7 (§ 18.2-61 et seq.) of Chapter 4, commercial sex trafficking or prostitution pursuant to Article 3 (§ 18.2-346 et seq.) of Chapter 8, or family offenses pursuant to Article 4 (§ 18.2-362 et seq.) of Chapter 8 of Title 18.2.","order_by":null,"text":{"0":{"id":250987,"text":"In any proceeding before a general district court, the court may, if it determines the circumstances so require, appoint a discreet and competent attorney-at-law as guardian ad litem to represent the interests of a minor who is called to testify. It shall be the duty of the court to ensure that the interests of such minor witness are represented and protected.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":250988,"text":"When the guardian ad litem, to the satisfaction of the court, has rendered substantial service in accordance with this section, the court may allow such guardian ad litem reasonable compensation to be paid from the funds appropriated to pay for the compensation of court-appointed counsel according to the rates and procedures set by the Supreme Court of Virginia.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":250989,"text":"If the matter in which a minor witness is called to testify is appealed to a circuit court, such circuit court may continue the appointment of the guardian ad litem or may appoint another discreet and competent attorney-at-law as guardian ad litem.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":250990,"text":"Additionally, a circuit court may appoint a guardian ad litem in accordance with this section when a minor witness is called to testify in any proceeding before the circuit court involving a criminal sexual assault in violation of a provision of Article 7 (§ 18.2-61 et seq.) of Chapter 4, commercial sex trafficking or prostitution pursuant to Article 3 (§ 18.2-346 et seq.) of Chapter 8, or family offenses pursuant to Article 4 (§ 18.2-362 et seq.) of Chapter 8 of Title 18.2.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13957,"edition_id":1,"name":"Witnesses Generally","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":12870,"metadata":{},"date_created":"2026-06-26 03:46:25","date_modified":"2026-06-26 03:46:25","permalink":{"id":277427,"object_type":"structure","relational_id":13957,"identifier":"4","token":"8.01\/14\/4","url":"\/8.01\/14\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12870,"edition_id":1,"name":"Evidence","identifier":"14","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":277357,"object_type":"structure","relational_id":12870,"identifier":"14","token":"8.01\/14","url":"\/8.01\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74141,"structure_id":13957,"section_number":"8.01-396","catch_line":"No person incompetent to testify by reason of interest, or because a party","url":"\/8.01-396\/","token":"8.01\/14\/4\/8.01-396","metadata":false},{"id":86691,"structure_id":13957,"section_number":"8.01-396.1","catch_line":"Competency of witness","url":"\/8.01-396.1\/","token":"8.01\/14\/4\/8.01-396.1","metadata":false},{"id":69399,"structure_id":13957,"section_number":"8.01-396.2","catch_line":"Minor witness; appointment of guardian ad litem","url":"\/8.01-396.2\/","token":"8.01\/14\/4\/8.01-396.2","metadata":false},{"id":84174,"structure_id":13957,"section_number":"8.01-397","catch_line":"Corroboration required and evidence receivable when one party incapable of testifying (subdivision (b)(5) of Supreme Court Rule 2:804 derived from this section)","url":"\/8.01-397\/","token":"8.01\/14\/4\/8.01-397","metadata":false},{"id":55017,"structure_id":13957,"section_number":"8.01-397.1","catch_line":"Evidence of habit or routine practice; defined (Supreme Court Rule 2:406 derived from this section)","url":"\/8.01-397.1\/","token":"8.01\/14\/4\/8.01-397.1","metadata":false},{"id":85559,"structure_id":13957,"section_number":"8.01-398","catch_line":"Privileged marital communications (Subsection (a) of Supreme Court Rule 2:504 derived from this section)","url":"\/8.01-398\/","token":"8.01\/14\/4\/8.01-398","metadata":false},{"id":82405,"structure_id":13957,"section_number":"8.01-399","catch_line":"Communications between physicians and patients (Supreme Court Rule 2:505 derived from this section)","url":"\/8.01-399\/","token":"8.01\/14\/4\/8.01-399","metadata":false},{"id":61689,"structure_id":13957,"section_number":"8.01-400","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":"\/8.01-400\/","token":"8.01\/14\/4\/8.01-400","metadata":false},{"id":62595,"structure_id":13957,"section_number":"8.01-400.1","catch_line":"Privileged communications by interpreters for the deaf (Supreme Court Rule 2:507 derived in part from this section)","url":"\/8.01-400.1\/","token":"8.01\/14\/4\/8.01-400.1","metadata":false},{"id":74220,"structure_id":13957,"section_number":"8.01-400.2","catch_line":"Communications between certain mental health professionals and clients (Supreme Court Rule 2:506 derived from this section)","url":"\/8.01-400.2\/","token":"8.01\/14\/4\/8.01-400.2","metadata":false},{"id":85143,"structure_id":13957,"section_number":"8.01-401","catch_line":"How adverse party may be examined; effect of refusal to testify (subsection (b) of Supreme Court Rule 2:607 and subsection (c) of Supreme Court Rule 2:611 derived from subsection A of this section)","url":"\/8.01-401\/","token":"8.01\/14\/4\/8.01-401","metadata":false},{"id":64009,"structure_id":13957,"section_number":"8.01-401.1","catch_line":"Opinion testimony by experts; hearsay exception (subsection (a) of Supreme Court Rule 2:703, subsection (a) of Supreme Court Rule 2:705, and subsection (a) of Supreme Court Rule 2:706 derived from this section)","url":"\/8.01-401.1\/","token":"8.01\/14\/4\/8.01-401.1","metadata":false},{"id":62896,"structure_id":13957,"section_number":"8.01-401.2","catch_line":"Chiropractor, physician assistant, advanced practice registered nurse, or optometrist as expert witness","url":"\/8.01-401.2\/","token":"8.01\/14\/4\/8.01-401.2","metadata":false},{"id":59359,"structure_id":13957,"section_number":"8.01-401.2:1","catch_line":"Podiatrist as an expert witness","url":"\/8.01-401.2_1\/","token":"8.01\/14\/4\/8.01-401.2_1","metadata":false},{"id":56378,"structure_id":13957,"section_number":"8.01-401.3","catch_line":"Opinion testimony and conclusions as to facts critical to civil case resolution (Supreme Court Rule 2:701 derived from subsection B of this section, subdivision (a)(i) of Supreme Court Rule 2:702 derived from subsection A of this section, and subsection (a) of Supreme Court Rule 2:704 derived from subsections B and C of this section)","url":"\/8.01-401.3\/","token":"8.01\/14\/4\/8.01-401.3","metadata":false},{"id":55390,"structure_id":13957,"section_number":"8.01-402","catch_line":"Members of Department of Motor Vehicles' Crash Investigation Team not to be required to give evidence in certain cases","url":"\/8.01-402\/","token":"8.01\/14\/4\/8.01-402","metadata":false},{"id":74616,"structure_id":13957,"section_number":"8.01-403","catch_line":"Witness proving adverse; contradiction; prior inconsistent statement (Subsection (c) of Supreme Court Rule 2:607 and subdivision (a)(i) of Supreme Court Rule 2:613 derived from this section)","url":"\/8.01-403\/","token":"8.01\/14\/4\/8.01-403","metadata":false},{"id":72125,"structure_id":13957,"section_number":"8.01-404","catch_line":"Contradiction by prior inconsistent writing (Subdivision (b)(i) of Supreme Court Rule 2:613 derived in part from this section and subdivision (b)(ii) of Supreme Court Rule 2:613 derived from this section)","url":"\/8.01-404\/","token":"8.01\/14\/4\/8.01-404","metadata":false},{"id":60442,"structure_id":13957,"section_number":"8.01-405","catch_line":"Who may administer oath to witness","url":"\/8.01-405\/","token":"8.01\/14\/4\/8.01-405","metadata":false},{"id":83241,"structure_id":13957,"section_number":"8.01-406","catch_line":"Interpreters; recording testimony of deaf witness (Supreme Court Rule 2:604 derived from this section)","url":"\/8.01-406\/","token":"8.01\/14\/4\/8.01-406","metadata":false}],"previous_section":{"id":86691,"structure_id":13957,"section_number":"8.01-396.1","catch_line":"Competency of witness","url":"\/8.01-396.1\/","token":"8.01\/14\/4\/8.01-396.1","metadata":false},"next_section":{"id":84174,"structure_id":13957,"section_number":"8.01-397","catch_line":"Corroboration required and evidence receivable when one party incapable of testifying (subdivision (b)(5) of Supreme Court Rule 2:804 derived from this section)","url":"\/8.01-397\/","token":"8.01\/14\/4\/8.01-397","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-396.2\/","history_text":"

This law was first created in 2023. The record of its establishment is cataloged in chapter 378<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2025, chapter 334<\/a>.<\/p>","references":false,"refers_to":[{"id":79810,"section_number":"18.2-346","catch_line":"Prostitution; commercial sexual conduct; penalties","order_by":null,"url":"\/18.2-346\/"},{"id":86356,"section_number":"18.2-362","catch_line":"Person marrying when spouse is living; penalty; venue","order_by":null,"url":"\/18.2-362\/"},{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"}],"permalink":{"id":277437,"object_type":"law","relational_id":69399,"identifier":"8.01-396.2","token":"8.01\/14\/4\/8.01-396.2","url":"\/8.01-396.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-396.2\/","token":"8.01\/14\/4\/8.01-396.2","dublin_core":{"Title":"Minor witness; appointment of guardian ad litem","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-396.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any proceeding before a general district court<\/span>, the court<\/span> may, if it determines the circumstances so require, appoint a discreet and competent attorney-at-law<\/span> as guardian ad litem<\/span> to represent the interests of a minor<\/span> who is called to testify. It shall be the duty of the court<\/span> to ensure that the interests of such minor<\/span> witness<\/span> are represented and protected. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When the guardian ad litem<\/span>, to the satisfaction of the court<\/span>, has rendered substantial service in accordance with this section, the court<\/span> may allow such guardian ad litem<\/span> reasonable compensation to be paid from the funds appropriated to pay for the compensation of court<\/span>-appointed counsel<\/span> according to the rates and procedures set by the Supreme Court<\/span> of Virginia. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the matter in which a minor<\/span> witness<\/span> is called to testify is appealed to a circuit<\/span> court<\/span>, such circuit<\/span> court<\/span> may continue the appointment of the guardian ad litem<\/span> or may appoint another discreet and competent attorney-at-law<\/span> as guardian ad litem<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Additionally, a circuit<\/span> court<\/span> may appoint a guardian ad litem<\/span> in accordance with this section when a minor<\/span> witness<\/span> is called to testify in any proceeding before the circuit<\/span> court<\/span> involving a criminal sexual assault<\/span> in violation of a provision of Article 7 (§ 18.2-61<\/a> et seq.) of Chapter 4, commercial sex trafficking or prostitution pursuant to Article 3 (§ 18.2-346<\/a> et seq.) of Chapter 8, or family offenses<\/span> pursuant to Article 4 (§ 18.2-362<\/a> et seq.) of Chapter 8 of Title 18.2. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMINOR WITNESS; APPOINTMENT OF GUARDIAN AD LITEM (\u00a7 8.01-396.2)\n\nA. In any proceeding before a general district court, the court may, if it\ndetermines the circumstances so require, appoint a discreet and competent\nattorney-at-law as guardian ad litem to represent the interests of a minor who\nis called to testify. It shall be the duty of the court to ensure that the\ninterests of such minor witness are represented and protected.\n\nB. When the guardian ad litem, to the satisfaction of the court, has rendered\nsubstantial service in accordance with this section, the court may allow such\nguardian ad litem reasonable compensation to be paid from the funds appropriated\nto pay for the compensation of court-appointed counsel according to the rates\nand procedures set by the Supreme Court of Virginia.\n\nC. If the matter in which a minor witness is called to testify is appealed to a\ncircuit court, such circuit court may continue the appointment of the guardian\nad litem or may appoint another discreet and competent attorney-at-law as\nguardian ad litem.\n\nD. Additionally, a circuit court may appoint a guardian ad litem in accordance\nwith this section when a minor witness is called to testify in any proceeding\nbefore the circuit court involving a criminal sexual assault in violation of a\nprovision of Article 7 (§ 18.2-61 et seq.) of Chapter 4, commercial sex\ntrafficking or prostitution pursuant to Article 3 (§ 18.2-346 et seq.) of\nChapter 8, or family offenses pursuant to Article 4 (§ 18.2-362 et seq.) of\nChapter 8 of Title 18.2.\n\nHISTORY: 2023, c. 378; 2025, c. 334.","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}}