West Virginia Judiciary

West Virginia Rules of Evidence

Rules of Evidence Index

Article I. GENERAL PROVISIONS

101. Scope.

102. Purpose and construction.

103. Rulings on evidence.

104. Preliminary questions.

105. Limited admissibility.

106. Remainder of or related writings or recorded statements.


Article II. JUDICIAL NOTICE

201. Judicial notice of adjudicative facts.

202. Judicial notice of law.


Article III. PRESUMPTIONS

301. Presumptions in civil actions and proceedings.


Article IV. RELEVANCY AND ITS LIMITS

401. Definition of "relevant evidence."

402. Relevant evidence generally admissible;

irrelevant evidence inadmissible.

403. Exclusion of relevant evidence on

grounds of prejudice, confusion, or waste of time.

404. Character evidence not admissible to

prove conduct; exceptions; other crimes.

405. Methods of proving character.

406. Habit; routine practice.

407. Subsequent remedial measures.

408. Compromise and offers to compromise.

409. Payment of medical and similar expenses.

410. Inadmissibility of plea discussions and related statements.

411. Liability insurance.


Article V. PRIVILEGES

501. General rule.


Article VI. WITNESSES

601. General rule of competency.

602. Lack of personal knowledge

603. Oath or affirmation.

604. Interpreters.

605. Competency of judge as witness.

606. Competency of juror as witness.

607. Who may impeach.

608. Evidence of character and conduct of witness.

609. Impeachment by evidence of conviction of crime.

610. Religious beliefs or opinions.

611. Mode and order of interrogation and presentation.

612. Writing or object used to refresh memory.

613. Prior statements of witnesses.

614. Calling and interrogation of witnesses by court.

615. Exclusion of witness.


Article VII. OPINION AND EXPERT TESTIMONY

701. Opinion testimony by lay witnesses.

702. Testimony by experts.

703. Bases of opinion testimony by experts.

704. Opinion on ultimate issue.

705. Disclosure of facts or data underlying expert opinion.

706. Court appointed experts.


Article VIII. HEARSAY

801. Definitions.

802. Hearsay rule.

803. Hearsay exceptions: Availability of declarant immaterial.

804. Hearsay exceptions; declarant unavailable.

805. Hearsay within hearsay.

806. Attacking and supporting credibility of declarant.


Article IX. AUTHENTICATION AND IDENTIFICATION

901. Requirement of authentication or identification.

902. Self-authentication.

903. Subscribing witness' testimony unnecessary.


Article X. CONTENTS OF WRITINGS: RECORDINGS & PHOTOGRAPHS

1001. Definitions.

1002. Requirement of original. 1003. Admissibility of duplicates.

1004. Admissibility of other evidence of contents.

1005. Public records.

1006. Summaries.

1007. Testimony or written admission of a party.

1008. Functions of court and jury.


Article XI. MISCELLANEOUS

1101. Applicability.

1102. Title.

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