{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-420.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-420.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-420.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-420.2.html"}],"law_id":55366,"edition_id":1,"section_id":55366,"structure_id":14188,"section_number":"8.01-420.2","catch_line":"Limitation on use of recorded conversations as evidence","history":"1983, c. 503; 1992, c. 567; 2015, cc. 502, 503.","full_text":"No mechanical recording, electronic or otherwise, of a telephone conversation shall be admitted into evidence in any civil proceeding unless (i) all parties to the conversation were aware the conversation was being recorded or (ii) the portion of the recording to be admitted contains admissions that, if true, would constitute criminal conduct which is the basis for the civil action, and one of the parties was aware of the recording and the proceeding is not one for divorce, separate maintenance or annulment of a marriage. The parties’ knowledge of the recording pursuant to clause (i) shall be demonstrated by a declaration at the beginning of the recorded portion of the conversation to be admitted into evidence that the conversation is being recorded. This section shall not apply to emergency reporting systems operated by police and fire departments and by emergency medical services agencies, nor to any communications common carrier utilizing service observing or random monitoring pursuant to \u00a7 19.2-62.","order_by":null,"text":{"0":{"id":203012,"text":"No mechanical recording, electronic or otherwise, of a telephone conversation shall be admitted into evidence in any civil proceeding unless (i) all parties to the conversation were aware the conversation was being recorded or (ii) the portion of the recording to be admitted contains admissions that, if true, would constitute criminal conduct which is the basis for the civil action, and one of the parties was aware of the recording and the proceeding is not one for divorce, separate maintenance or annulment of a marriage. The parties’ knowledge of the recording pursuant to clause (i) shall be demonstrated by a declaration at the beginning of the recorded portion of the conversation to be admitted into evidence that the conversation is being recorded. This section shall not apply to emergency reporting systems operated by police and fire departments and by emergency medical services agencies, nor to any communications common carrier utilizing service observing or random monitoring pursuant to \u00a7 19.2-62.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14188,"edition_id":1,"name":"Miscellaneous Provisions","identifier":"9","label":"article","depth":3,"order_by":1,"parent_id":12870,"metadata":{},"date_created":"2026-06-26 03:47:11","date_modified":"2026-06-26 03:47:11","permalink":{"id":277631,"object_type":"structure","relational_id":14188,"identifier":"9","token":"8.01\/14\/9","url":"\/8.01\/14\/9\/","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":63768,"structure_id":14188,"section_number":"8.01-417","catch_line":"Copies of written statements or transcriptions of verbal statements by injured person to be delivered to him; copies of subpoenaed documents to be provided to other party; disclosure of insurance policy limits","url":"\/8.01-417\/","token":"8.01\/14\/9\/8.01-417","metadata":false},{"id":64827,"structure_id":14188,"section_number":"8.01-417.01","catch_line":"Disclosure of certain homeowners insurance and personal injury liability insurance policy limits","url":"\/8.01-417.01\/","token":"8.01\/14\/9\/8.01-417.01","metadata":false},{"id":80780,"structure_id":14188,"section_number":"8.01-417.1","catch_line":"Use of portions of documents in evidence (Subsection (b) of Supreme Court Rule 2:106 derived from this section)","url":"\/8.01-417.1\/","token":"8.01\/14\/9\/8.01-417.1","metadata":false},{"id":71302,"structure_id":14188,"section_number":"8.01-418","catch_line":"When plea of guilty or nolo contendere, finding of guilt in absentia, or forfeiture in criminal prosecution or traffic case admissible in civil action; proof of such plea, finding, or forfeiture","url":"\/8.01-418\/","token":"8.01\/14\/9\/8.01-418","metadata":false},{"id":84027,"structure_id":14188,"section_number":"8.01-418.1","catch_line":"Evidence of subsequent measures taken not admissible to prove negligence (Supreme Court Rule 2:407 derived from this section)","url":"\/8.01-418.1\/","token":"8.01\/14\/9\/8.01-418.1","metadata":false},{"id":64963,"structure_id":14188,"section_number":"8.01-418.2","catch_line":"Evidence of polygraph examination inadmissible in any proceeding","url":"\/8.01-418.2\/","token":"8.01\/14\/9\/8.01-418.2","metadata":false},{"id":71422,"structure_id":14188,"section_number":"8.01-418.3","catch_line":"Repealed","url":"\/8.01-418.3\/","token":"8.01\/14\/9\/8.01-418.3","metadata":false},{"id":84518,"structure_id":14188,"section_number":"8.01-419","catch_line":"Table of life expectancy","url":"\/8.01-419\/","token":"8.01\/14\/9\/8.01-419","metadata":false},{"id":62745,"structure_id":14188,"section_number":"8.01-419.1","catch_line":"Motor vehicle value","url":"\/8.01-419.1\/","token":"8.01\/14\/9\/8.01-419.1","metadata":false},{"id":58128,"structure_id":14188,"section_number":"8.01-420","catch_line":"Depositions as basis for motion for summary judgment or to strike evidence","url":"\/8.01-420\/","token":"8.01\/14\/9\/8.01-420","metadata":false},{"id":82348,"structure_id":14188,"section_number":"8.01-420.01","catch_line":"Limiting further disclosure of discoverable materials and information; protective order","url":"\/8.01-420.01\/","token":"8.01\/14\/9\/8.01-420.01","metadata":false},{"id":58857,"structure_id":14188,"section_number":"8.01-420.1","catch_line":"Abolition of common-law perpetuation of testimony","url":"\/8.01-420.1\/","token":"8.01\/14\/9\/8.01-420.1","metadata":false},{"id":55366,"structure_id":14188,"section_number":"8.01-420.2","catch_line":"Limitation on use of recorded conversations as evidence","url":"\/8.01-420.2\/","token":"8.01\/14\/9\/8.01-420.2","metadata":false},{"id":82217,"structure_id":14188,"section_number":"8.01-420.3","catch_line":"Court reporters to provide transcripts; when recording may be stopped; use of transcript as evidence","url":"\/8.01-420.3\/","token":"8.01\/14\/9\/8.01-420.3","metadata":false},{"id":60387,"structure_id":14188,"section_number":"8.01-420.4","catch_line":"Taking of depositions","url":"\/8.01-420.4\/","token":"8.01\/14\/9\/8.01-420.4","metadata":false},{"id":63139,"structure_id":14188,"section_number":"8.01-420.4:1","catch_line":"Taking of depositions; corporate officers","url":"\/8.01-420.4_1\/","token":"8.01\/14\/9\/8.01-420.4_1","metadata":false},{"id":69254,"structure_id":14188,"section_number":"8.01-420.5","catch_line":"Estoppel effect of judicial determination of employment status","url":"\/8.01-420.5\/","token":"8.01\/14\/9\/8.01-420.5","metadata":false},{"id":58937,"structure_id":14188,"section_number":"8.01-420.6","catch_line":"Number of witnesses whose depositions may be taken","url":"\/8.01-420.6\/","token":"8.01\/14\/9\/8.01-420.6","metadata":false},{"id":68155,"structure_id":14188,"section_number":"8.01-420.7","catch_line":"Attorney-client privilege and work product protection; limitations on waiver","url":"\/8.01-420.7\/","token":"8.01\/14\/9\/8.01-420.7","metadata":false},{"id":66065,"structure_id":14188,"section_number":"8.01-420.8","catch_line":"Protection of confidential information in court files","url":"\/8.01-420.8\/","token":"8.01\/14\/9\/8.01-420.8","metadata":false},{"id":79354,"structure_id":14188,"section_number":"8.01-420.9","catch_line":"Subpoena duces tecum; financial records of nonparty","url":"\/8.01-420.9\/","token":"8.01\/14\/9\/8.01-420.9","metadata":false}],"previous_section":{"id":58857,"structure_id":14188,"section_number":"8.01-420.1","catch_line":"Abolition of common-law perpetuation of testimony","url":"\/8.01-420.1\/","token":"8.01\/14\/9\/8.01-420.1","metadata":false},"next_section":{"id":82217,"structure_id":14188,"section_number":"8.01-420.3","catch_line":"Court reporters to provide transcripts; when recording may be stopped; use of transcript as evidence","url":"\/8.01-420.3\/","token":"8.01\/14\/9\/8.01-420.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-420.2\/","history_text":"

This law was first created in 1983. The record of its establishment is cataloged in chapter 503 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 1983 \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 1992, chapter 567; in 2015, chapters 502<\/a> and 503<\/a>.<\/p>","references":false,"refers_to":[{"id":60300,"section_number":"19.2-62","catch_line":"Interception, disclosure, etc., of wire, electronic or oral communications unlawful; penalties; exceptions","order_by":null,"url":"\/19.2-62\/"}],"permalink":{"id":277681,"object_type":"law","relational_id":55366,"identifier":"8.01-420.2","token":"8.01\/14\/9\/8.01-420.2","url":"\/8.01-420.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-420.2\/","token":"8.01\/14\/9\/8.01-420.2","dublin_core":{"Title":"Limitation on use of recorded conversations as evidence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-420.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

No mechanical recording, electronic or otherwise, of a telephone conversation shall be admitted into evidence<\/span> in any civil proceeding unless (i) all parties to the conversation were aware the conversation was being recorded or (ii) the portion of the recording to be admitted contains admissions that, if true, would constitute criminal conduct which is the basis for the civil action<\/span>, and one of the parties was aware of the recording and the proceeding is not one for divorce, separate maintenance or annulment<\/span> of a marriage. The parties’ knowledge of the recording pursuant to clause (i) shall be demonstrated by a declaration at the beginning of the recorded portion of the conversation to be admitted into evidence<\/span> that the conversation is being recorded. This section shall not apply to emergency reporting systems operated by police and fire departments and by emergency medical services agencies, nor to any communications common carrier utilizing service observing or random monitoring pursuant to \u00a7 19.2-62<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIMITATION ON USE OF RECORDED CONVERSATIONS AS EVIDENCE (\u00a7 8.01-420.2)\n\nNo mechanical recording, electronic or otherwise, of a telephone conversation\nshall be admitted into evidence in any civil proceeding unless (i) all parties\nto the conversation were aware the conversation was being recorded or (ii) the\nportion of the recording to be admitted contains admissions that, if true, would\nconstitute criminal conduct which is the basis for the civil action, and one of\nthe parties was aware of the recording and the proceeding is not one for\ndivorce, separate maintenance or annulment of a marriage. The parties’\nknowledge of the recording pursuant to clause (i) shall be demonstrated by a\ndeclaration at the beginning of the recorded portion of the conversation to be\nadmitted into evidence that the conversation is being recorded. This section\nshall not apply to emergency reporting systems operated by police and fire\ndepartments and by emergency medical services agencies, nor to any\ncommunications common carrier utilizing service observing or random monitoring\npursuant to \u00a7 19.2-62.\n\nHISTORY: 1983, c. 503; 1992, c. 567; 2015, cc. 502, 503.","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}}