{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-401.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-401.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-401.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-401.3.html"}],"law_id":56378,"edition_id":1,"section_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)","history":"1993, c. 909.","full_text":"A\n\nIn a civil proceeding, if scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.B\n\nNo expert or lay witness while testifying in a civil proceeding shall be prohibited from expressing an otherwise admissible opinion or conclusion as to any matter of fact solely because that fact is the ultimate issue or critical to the resolution of the case. However, in no event shall such witness be permitted to express any opinion which constitutes a conclusion of law.C\n\nExcept as provided by the provisions of this section, the exceptions to the &#8220;ultimate fact in issue&#8221; rule recognized in the Commonwealth prior to enactment of this section shall remain in full force.","order_by":null,"text":{"0":{"id":206427,"text":"In a civil proceeding, if scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":206428,"text":"No expert or lay witness while testifying in a civil proceeding shall be prohibited from expressing an otherwise admissible opinion or conclusion as to any matter of fact solely because that fact is the ultimate issue or critical to the resolution of the case. However, in no event shall such witness be permitted to express any opinion which constitutes a conclusion of law.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":206429,"text":"Except as provided by the provisions of this section, the exceptions to the &#8220;ultimate fact in issue&#8221; rule recognized in the Commonwealth prior to enactment of this section shall remain in full force.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-401.3\/","history_text":"<p>This law was first created in 1993. The record of its establishment is cataloged in chapter 909 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 1993 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":false,"permalink":{"id":277485,"object_type":"law","relational_id":56378,"identifier":"8.01-401.3","token":"8.01\/14\/4\/8.01-401.3","url":"\/8.01-401.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-401.3\/","token":"8.01\/14\/4\/8.01-401.3","dublin_core":{"Title":"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)","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-401.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> In a civil proceeding, if scientific, technical, or other specialized knowledge will assist the trier of <span class=\"dictionary\">fact<\/span> to understand the <span class=\"dictionary\">evidence<\/span> or to determine a <span class=\"dictionary\">fact<\/span> in <span class=\"dictionary\">issue<\/span>, a <span class=\"dictionary\">witness<\/span> qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an <span class=\"dictionary\">opinion<\/span> or otherwise. <a id=\"paragraph-206427\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-401.3\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> No expert or lay <span class=\"dictionary\">witness<\/span> while testifying in a civil proceeding shall be prohibited from expressing an otherwise <span class=\"dictionary\">admissible<\/span> <span class=\"dictionary\">opinion<\/span> or conclusion as to any matter of <span class=\"dictionary\">fact<\/span> solely because that <span class=\"dictionary\">fact<\/span> is the ultimate <span class=\"dictionary\">issue<\/span> or critical to the resolution of the case. However, in no event shall such <span class=\"dictionary\">witness<\/span> be permitted to express any <span class=\"dictionary\">opinion<\/span> which constitutes a conclusion of <span class=\"dictionary\">law<\/span>. <a id=\"paragraph-206428\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-401.3\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Except as provided by the provisions of this section, the exceptions to the &#8220;ultimate <span class=\"dictionary\">fact<\/span> in <span class=\"dictionary\">issue<\/span>&#8221; rule recognized in the Commonwealth prior to enactment of this section shall remain in full force. <a id=\"paragraph-206429\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-401.3\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nOPINION TESTIMONY AND CONCLUSIONS AS TO FACTS CRITICAL TO CIVIL CASE RESOLUTION\n(SUPREME COURT RULE 2:701 DERIVED FROM SUBSECTION B OF THIS SECTION, SUBDIVISION\n(A)(I) OF SUPREME COURT RULE 2:702 DERIVED FROM SUBSECTION A OF THIS SECTION,\nAND SUBSECTION (A) OF SUPREME COURT RULE 2:704 DERIVED FROM SUBSECTIONS B AND C\nOF THIS SECTION) (\u00a7 8.01-401.3)\n\nA. In a civil proceeding, if scientific, technical, or other specialized\nknowledge will assist the trier of fact to understand the evidence or to\ndetermine a fact in issue, a witness qualified as an expert by knowledge, skill,\nexperience, training, or education may testify thereto in the form of an opinion\nor otherwise.\n\nB. No expert or lay witness while testifying in a civil proceeding shall be\nprohibited from expressing an otherwise admissible opinion or conclusion as to\nany matter of fact solely because that fact is the ultimate issue or critical to\nthe resolution of the case. However, in no event shall such witness be permitted\nto express any opinion which constitutes a conclusion of law.\n\nC. Except as provided by the provisions of this section, the exceptions to the\n&#8220;ultimate fact in issue&#8221; rule recognized in the Commonwealth prior\nto enactment of this section shall remain in full force.\n\nHISTORY: 1993, c. 909.","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}}