West Virginia Judiciary

West Virginia Rules of Evidence

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Rules of Evidence Index

Approved Revisions effective September 2, 2014 - Order
(Revised effective September 2, 2014)

Table of Contents
Article I. GENERAL PROVISIONS
  1. Scope; Definitions
  2. Purpose
  3. Rulings on Evidence
  4. Preliminary Questions
  5. Limiting Evidence That is not Admissable Against Other Parties or for Other Purposes
  6. Remainder of or Related Writings or Recorded Statements

Article II. JUDICIAL NOTICE
  1. Judicial Notice of Adjudicative Facts
  2. Judicial Notice of Law

Article III. PRESUMPTIONS
  1. Presumption in Civil Cases Generally

Article IV. RELEVANCY AND ITS LIMITS
  1. Test for Relevant Evidence
  2. General Admissibility of Relevant Evidence
  3. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
  4. Character Evidence; Crimes or Other Acts
  5. Methods of Proving Character
  6. Habit; Routine Practice
  7. Subsequent Remedial Measures
  8. Compromise Offers and Negotiations
  9. Offers to Pay Medical and Similar Expenses
  10. Pleas, Plea Discussions, and Related Statements
  11. Liability Insurance
  12. Sex-Offense Cases; the Victim's Sexual Behavior or Predisposition

Article V. PRIVILEGES
  1. Privilege in General
  2. Attorney-Client Privilege and Work Product; Limitations on Waiver

Article VI. WITNESSES
  1. Competency to Testify in General
  2. Need for Personal Knowledge
  3. Oath or Affirmation to Testify Truthfully
  4. Interpreter
  5. Judge's Competency as a Witness
  6. Juror's Competency as a Witness
  7. Who May Impeach a Witness
  8. A Witness's Character for Truthfulness or Untruthfulness
  9. Impeachment by Evidence of a Criminal Conviction
  10. Religious Beliefs or Opinions
  11. Mode and Order of Examining Witnesses and Presenting Evidence
  12. Writing Used to Refresh a Witness's Memory
  13. Witness's Prior Statement
  14. Court's Calling or Examining a Witness
  15. Excluding Witnesses

Article VII. OPINION AND EXPERT TESTIMONY
  1. Opinion Testimony by Lay Witnesses
  2. Testimony by Expert Witnesses
  3. Bases of an Expert's Opinion Testimony
  4. Opinion on Ultimate Issue
  5. Disclosing the Facts or Data Underlying an Expert's Opinion
  6. Court Appointed Expert Witnesses

Article VIII. HEARSAY
  1. Definitions That Apply to This Article; Exclusions from Hearsay
  2. The Rule Against Hearsay
  3. Exceptions to the Rule Against Hearsay
  4. Hearsay Exceptions; Declarant Unavailable
  5. Hearsay Within Hearsay
  6. Attacking and Supporting the Declarant's Credibility
  7. Residual Exception

Article IX. AUTHENTICATION AND IDENTIFICATION
  1. Authenticating or Identifying Evidence
  2. Self-Authentication
  3. Subscribing Witness's Testimony

Article X. CONTENTS OF WRITINGS; RECORDINGS & PHOTOGRAPHS
  1. Definitions That Apply to This Article 37
  2. Requirement of the Original
  3. Admissibility of Duplicates
  4. Admissibility of Other Evidence of Content
  5. Copies of Public Records to Prove Content
  6. Summaries to Prove Content
  7. Testimony or Statement of a Party to Prove Content
  8. Functions of Court and Jury

Article XI. MISCELLANEOUS
  1. Applicability
  2. Title

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