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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>55366</law_id><section_number>8.01-420.2</section_number><catch_line>Limitation on use of recorded conversations as evidence</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="8.01">Civil Remedies and Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="14">Evidence</unit><unit label="article" level="3" order_by="1" identifier="9">Miscellaneous Provisions</unit></structure><text>
						<section><p>No mechanical recording, electronic or otherwise, of a telephone conversation shall be admitted into <span class="dictionary">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 <span class="dictionary">civil action</span>, and one of the parties was aware of the recording and the proceeding is not one for divorce, separate maintenance or <span class="dictionary">annulment</span> of a marriage. The parties&#x2019; 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 <span class="dictionary">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 &#xA7;&#xA0;<a class="law" title="Interception, disclosure, etc., of wire, electronic or oral communications unlawful; penalties; exceptions" href="/19.2-62/">19.2-62</a>.</p></section></text><history>1983, c. 503; 1992, c. 567; 2015, cc. 502, 503.</history><metadata></metadata></law>
