{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-401.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-401.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-401.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-401.1.html"}],"law_id":64009,"edition_id":1,"section_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)","history":"1982, c. 392; 1994, c. 328; 2013, c. 379.","full_text":"In any civil action any expert witness may give testimony and render an opinion or draw inferences from facts, circumstances or data made known to or perceived by such witness at or before the hearing or trial during which he is called upon to testify. The facts, circumstances or data relied upon by such witness in forming an opinion or drawing inferences, if of a type normally relied upon by others in the particular field of expertise in forming opinions and drawing inferences, need not be admissible in evidence.\n\t\tThe expert may testify in terms of opinion or inference and give his reasons therefor without prior disclosure of the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.\n\t\tTo the extent called to the attention of an expert witness upon cross-examination or relied upon by the expert witness in direct examination, statements contained in published treatises, periodicals or pamphlets on a subject of history, medicine or other science or art, established as a reliable authority by testimony or by stipulation, shall not be excluded as hearsay. If admitted, the statements may be read into evidence but may not be received as exhibits. If the statements are to be introduced through an expert witness upon direct examination, copies of the specific statements shall be designated as literature to be introduced during direct examination and provided to opposing parties 30 days prior to trial unless otherwise ordered by the court.\n\t\tIf a statement has been designated by a party in accordance with and satisfies the requirements of this section, the expert witness called by that party need not have relied on the statement at the time of forming his opinion in order to read the statement into evidence during direct examination at trial.","order_by":null,"text":{"0":{"id":233067,"text":"In any civil action any expert witness may give testimony and render an opinion or draw inferences from facts, circumstances or data made known to or perceived by such witness at or before the hearing or trial during which he is called upon to testify. The facts, circumstances or data relied upon by such witness in forming an opinion or drawing inferences, if of a type normally relied upon by others in the particular field of expertise in forming opinions and drawing inferences, need not be admissible in evidence.\n\t\tThe expert may testify in terms of opinion or inference and give his reasons therefor without prior disclosure of the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.\n\t\tTo the extent called to the attention of an expert witness upon cross-examination or relied upon by the expert witness in direct examination, statements contained in published treatises, periodicals or pamphlets on a subject of history, medicine or other science or art, established as a reliable authority by testimony or by stipulation, shall not be excluded as hearsay. If admitted, the statements may be read into evidence but may not be received as exhibits. If the statements are to be introduced through an expert witness upon direct examination, copies of the specific statements shall be designated as literature to be introduced during direct examination and provided to opposing parties 30 days prior to trial unless otherwise ordered by the court.\n\t\tIf a statement has been designated by a party in accordance with and satisfies the requirements of this section, the expert witness called by that party need not have relied on the statement at the time of forming his opinion in order to read the statement into evidence during direct examination at trial.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-401.1\/","history_text":"<p>This law was first created in 1982. The record of its establishment is cataloged in chapter 392 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 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 1994, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0328\">328<\/a>; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0379\">379<\/a>.<\/p>","references":[{"id":72275,"section_number":"16.1-245.2","catch_line":"Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records in juvenile and domestic relations district court; custody, visitation, placement, and support cases","order_by":null,"url":"\/16.1-245.2\/"}],"refers_to":false,"permalink":{"id":277473,"object_type":"law","relational_id":64009,"identifier":"8.01-401.1","token":"8.01\/14\/4\/8.01-401.1","url":"\/8.01-401.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-401.1\/","token":"8.01\/14\/4\/8.01-401.1","dublin_core":{"Title":"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)","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-401.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>In any <span class=\"dictionary\">civil action<\/span> any <span class=\"dictionary\">expert witness<\/span> may give <span class=\"dictionary\">testimony<\/span> and render an <span class=\"dictionary\">opinion<\/span> or draw inferences from <span class=\"dictionary\">facts<\/span>, circumstances or data made known to or perceived by such witness at or before the <span class=\"dictionary\">hearing<\/span> or <span class=\"dictionary\">trial<\/span> during which he is called upon to testify. The <span class=\"dictionary\">facts<\/span>, circumstances or data relied upon by such witness in forming an <span class=\"dictionary\">opinion<\/span> or drawing inferences, if of a type normally relied upon by others in the particular field of expertise in forming <span class=\"dictionary\">opinions<\/span> and drawing inferences, need not be <span class=\"dictionary\">admissible<\/span> in <span class=\"dictionary\">evidence<\/span>.\n\t\tThe expert may testify in terms of <span class=\"dictionary\">opinion<\/span> or inference and give his reasons therefor without prior disclosure of the underlying <span class=\"dictionary\">facts<\/span> or data, unless the <span class=\"dictionary\">court<\/span> requires otherwise. The expert may in any event be required to disclose the underlying <span class=\"dictionary\">facts<\/span> or data on cross-examination.\n\t\tTo the extent called to the attention of an <span class=\"dictionary\">expert witness<\/span> upon cross-examination or relied upon by the <span class=\"dictionary\">expert witness<\/span> in <span class=\"dictionary\">direct examination<\/span>, statements contained in published treatises, periodicals or pamphlets on a subject of history, medicine or other science or art, established as a reliable authority by <span class=\"dictionary\">testimony<\/span> or by <span class=\"dictionary\">stipulation<\/span>, shall not be excluded as <span class=\"dictionary\">hearsay<\/span>. If admitted, the statements may be read into <span class=\"dictionary\">evidence<\/span> but may not be received as exhibits. If the statements are to be introduced through an <span class=\"dictionary\">expert witness<\/span> upon <span class=\"dictionary\">direct examination<\/span>, copies of the specific statements shall be designated as literature to be introduced during <span class=\"dictionary\">direct examination<\/span> and provided to opposing parties 30 days prior to <span class=\"dictionary\">trial<\/span> unless otherwise ordered by the <span class=\"dictionary\">court<\/span>.\n\t\tIf a statement has been designated by a <span class=\"dictionary\">party<\/span> in accordance with and satisfies the requirements of this section, the <span class=\"dictionary\">expert witness<\/span> called by that <span class=\"dictionary\">party<\/span> need not have relied on the statement at the time of forming his <span class=\"dictionary\">opinion<\/span> in <span class=\"dictionary\">order<\/span> to read the statement into <span class=\"dictionary\">evidence<\/span> during <span class=\"dictionary\">direct examination<\/span> at <span class=\"dictionary\">trial<\/span>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nOPINION TESTIMONY BY EXPERTS; HEARSAY EXCEPTION (SUBSECTION (A) OF SUPREME COURT\nRULE 2:703, SUBSECTION (A) OF SUPREME COURT RULE 2:705, AND SUBSECTION (A) OF\nSUPREME COURT RULE 2:706 DERIVED FROM THIS SECTION) (\u00a7 8.01-401.1)\n\nIn any civil action any expert witness may give testimony and render an opinion\nor draw inferences from facts, circumstances or data made known to or perceived\nby such witness at or before the hearing or trial during which he is called upon\nto testify. The facts, circumstances or data relied upon by such witness in\nforming an opinion or drawing inferences, if of a type normally relied upon by\nothers in the particular field of expertise in forming opinions and drawing\ninferences, need not be admissible in evidence.\n\t\tThe expert may testify in terms of opinion or inference and give his reasons\ntherefor without prior disclosure of the underlying facts or data, unless the\ncourt requires otherwise. The expert may in any event be required to disclose\nthe underlying facts or data on cross-examination.\n\t\tTo the extent called to the attention of an expert witness upon\ncross-examination or relied upon by the expert witness in direct examination,\nstatements contained in published treatises, periodicals or pamphlets on a\nsubject of history, medicine or other science or art, established as a reliable\nauthority by testimony or by stipulation, shall not be excluded as hearsay. If\nadmitted, the statements may be read into evidence but may not be received as\nexhibits. If the statements are to be introduced through an expert witness upon\ndirect examination, copies of the specific statements shall be designated as\nliterature to be introduced during direct examination and provided to opposing\nparties 30 days prior to trial unless otherwise ordered by the court.\n\t\tIf a statement has been designated by a party in accordance with and satisfies\nthe requirements of this section, the expert witness called by that party need\nnot have relied on the statement at the time of forming his opinion in order to\nread the statement into evidence during direct examination at trial.\n\nHISTORY: 1982, c. 392; 1994, c. 328; 2013, c. 379.","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}}