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Virginia Advisory Committee on Rules of Court Considering Change to Rule 2:607

August 5, 2020

The Advisory Committee on Rules of Court, of the Judicial Council of Virginia, is considering changing current Virginia Rule of Evidence 2:607 relating to impeachment of a witness. Currently, Rule 2:607 provides that “[s]ubject to the provisions of Rule 2:403, the credibility of a witness may be impeached by any party other than the one calling the witness, with any proof that is relevant to the witness’s credibility.”  The Committee is considering aligning the Virginia Rule with the federal rule (Rule 607), which allows any party, including the party calling the witness, to impeach.  The proposed changes would still prohibit calling a witness solely or primarily to impeach.