                                 CODE OF VIRGINIA

LIMITATION ON USE OF RECORDED CONVERSATIONS AS EVIDENCE (§ 8.01-420.2)

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&#8217;
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 § 19.2-62.

HISTORY: 1983, c. 503; 1992, c. 567; 2015, cc. 502, 503.