Code of Virginia
Chapter 14 - Evidence
§ 8.01-398. Privileged marital communications (Subsection (a) of Supreme Court Rule 2:504 derived from this section)

Husband and wife shall be competent witnesses to testify for or against each other in all civil actions.
In any civil proceeding, a person has a privilege to refuse to disclose, and to prevent anyone else from disclosing, any confidential communication between his spouse and him during their marriage, regardless of whether he is married to that spouse at the time he objects to disclosure. This privilege may not be asserted in any proceeding in which the spouses are adverse parties, or in which either spouse is charged with a crime or tort against the person or property of the other or against the minor child of either spouse. For the purposes of this section, "confidential communication" means a communication made privately by a person to his spouse that is not intended for disclosure to any other person.
Code 1950, §§ 8-287, 8-289; 1977, c. 617; 2005, c. 809.

Structure Code of Virginia

Code of Virginia

Title 8.01 - Civil Remedies and Procedure

Chapter 14 - Evidence

§ 8.01-385. Definitions

§ 8.01-386. Judicial notice of laws (Supreme Court Rule 2:202 derived in part from this section)

§ 8.01-387. Notice by courts and officers of signatures of judges and Governor

§ 8.01-388. Judicial notice of official publications (Supreme Court Rule 2:203 derived from this section)

§ 8.01-389. Judicial records as evidence; full faith and credit; recitals in deeds, deeds of trust, and mortgages; "records" defined; certification

§ 8.01-390. Nonjudicial records as evidence (Subdivision (10)(a) of Supreme Court Rule 2:803 derived from subsection C of this section)

§ 8.01-390.1. School records as evidence

§ 8.01-390.2. Reports by Chief Medical Examiner received as evidence

§ 8.01-390.3. Business records as evidence (Subdivision (6) of Supreme Court Rule 2:902 derived in part from this section)

§ 8.01-391. Copies of originals as evidence (Subdivision (6) of Supreme Court Rule 2:902 derived in part from subsection D of this section and Supreme Court Rule 2:1005 derived from this section)

§ 8.01-391.1. Substitute checks as evidence (Supreme Court Rule 2:1003 derived from subsections a and B of this section)

§ 8.01-392. When court order book or equivalent is lost or illegible, what matters may be reentered

§ 8.01-393. When book or paper or equivalent in clerk's office lost, destroyed, or illegible to be again recorded

§ 8.01-394. How contents of any such lost record, etc., proved

§ 8.01-395. Validating certain proceedings under § 8.01-394

§ 8.01-396. No person incompetent to testify by reason of interest, or because a party

§ 8.01-396.1. Competency of witness

§ 8.01-397. Corroboration required and evidence receivable when one party incapable of testifying (subdivision (b)(5) of Supreme Court Rule 2:804 derived from this section)

§ 8.01-397.1. Evidence of habit or routine practice; defined (Supreme Court Rule 2:406 derived from this section)

§ 8.01-398. Privileged marital communications (Subsection (a) of Supreme Court Rule 2:504 derived from this section)

§ 8.01-399. Communications between physicians and patients (Supreme Court Rule 2:505 derived from this section)

§ 8.01-400. Communications between ministers of religion and persons they counsel or advise (Supreme Court Rule 2:503 derived in part from this section)

§ 8.01-400.1. Privileged communications by interpreters for the deaf (Supreme Court Rule 2:507 derived in part from this section)

§ 8.01-400.2. Communications between certain mental health professionals and clients (Supreme Court Rule 2:506 derived from this section)

§ 8.01-401. How adverse party may be examined; effect of refusal to testify (subsection (b) of Supreme Court Rule 2:607 and subsection (c) of Supreme Court Rule 2:611 derived from subsection a of this section)

§ 8.01-401.1. Opinion testimony by experts; hearsay exception (subsection (a) of Supreme Court Rule 2:703, subsection (a) of Supreme Court Rule 2:705, and subsection (a) of Supreme Court Rule 2:706 derived from this section)

§ 8.01-401.2. Chiropractor, nurse practitioner, or physician assistant as expert witness

§ 8.01-401.2:1. Podiatrist as an expert witness

§ 8.01-401.3. Opinion testimony and conclusions as to facts critical to civil case resolution (Supreme Court Rule 2:701 derived from subsection B of this section, subdivision (a)(i) of Supreme Court Rule 2:702 derived from subsection a of this sectio...

§ 8.01-402. Members of Department of Motor Vehicles' Crash Investigation Team not to be required to give evidence in certain cases

§ 8.01-403. Witness proving adverse; contradiction; prior inconsistent statement (Subsection (c) of Supreme Court Rule 2:607 and subdivision (a)(i) of Supreme Court Rule 2:613 derived from this section)

§ 8.01-404. Contradiction by prior inconsistent writing (Subdivision (b)(i) of Supreme Court Rule 2:613 derived in part from this section and subdivision (b)(ii) of Supreme Court Rule 2:613 derived from this section)

§ 8.01-405. Who may administer oath to witness

§ 8.01-406. Interpreters; recording testimony of deaf witness (Supreme Court Rule 2:604 derived from this section)

§ 8.01-407. How summons for witness issued, and to whom directed; prior permission of court to summon certain officials and judges

§ 8.01-407.1. Identity of persons communicating anonymously over the Internet

§ 8.01-408. Recognizance taken upon continuance of case

§ 8.01-409. When court may have process for witness executed by its own officer in another county or city

§ 8.01-410. Inmates as witnesses in civil actions

§ 8.01-411. Repealed

§ 8.01-412.2. Authorization of audio-visual deposition; official record; uses

§ 8.01-412.3. Notice of audio-visual deposition

§ 8.01-412.4. Procedure

§ 8.01-412.5. Costs

§ 8.01-412.6. Promulgation of rules for standards and guidelines

§ 8.01-412.7. Short title

§ 8.01-412.8. Short title

§ 8.01-412.9. Definitions

§ 8.01-412.10. Issuance of subpoena

§ 8.01-412.11. Service of subpoena

§ 8.01-412.12. Deposition, production, and inspection

§ 8.01-412.13. Application to court

§ 8.01-412.14. Uniformity of application and construction; reciprocal privileges

§ 8.01-412.15. Application to pending actions

§ 8.01-413. Certain copies of health care provider's health records of patient admissible; right of patient, his attorney and authorized insurer to copies of such health records; subpoena; damages, costs and attorney fees

§ 8.01-413.01. Authenticity and reasonableness of medical bills; presumption

§ 8.01-413.02. Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment

§ 8.01-413.1. Certain copies of employment records or papers admissible; right of employee or his attorney to copies of such records or papers; subpoena; damages, costs and attorney's fees

§ 8.01-414. Affidavit prima facie evidence of nonresidence

§ 8.01-415. Affidavit evidence of publication

§ 8.01-416. Affidavit re damages to motor vehicle

§ 8.01-417. Copies of written statements or transcriptions of verbal statements by injured person to be delivered to him; copies of subpoenaed documents to be provided to other party; disclosure of insurance policy limits

§ 8.01-417.01. Disclosure of certain homeowners insurance and personal injury liability insurance policy limits

§ 8.01-417.1. Use of portions of documents in evidence (Subsection (b) of Supreme Court Rule 2:106 derived from this section)

§ 8.01-418. When plea of guilty or nolo contendere or forfeiture in criminal prosecution or traffic case admissible in civil action; proof of such plea

§ 8.01-418.1. Evidence of subsequent measures taken not admissible to prove negligence (Supreme Court Rule 2:407 derived from this section)

§ 8.01-418.2. Evidence of polygraph examination inadmissible in any proceeding

§ 8.01-418.3. Repealed

§ 8.01-419. Table of life expectancy

§ 8.01-419.1. Motor vehicle value

§ 8.01-420. Depositions as basis for motion for summary judgment or to strike evidence

§ 8.01-420.01. Limiting further disclosure of discoverable materials and information; protective order

§ 8.01-420.1. Abolition of common-law perpetuation of testimony

§ 8.01-420.2. Limitation on use of recorded conversations as evidence

§ 8.01-420.3. Court reporters to provide transcripts; when recording may be stopped; use of transcript as evidence

§ 8.01-420.4. Taking of depositions

§ 8.01-420.4:1. Taking of depositions; corporate officers

§ 8.01-420.5. Estoppel effect of judicial determination of employment status

§ 8.01-420.6. Number of witnesses whose depositions may be taken

§ 8.01-420.7. Attorney-client privilege and work product protection; limitations on waiver

§ 8.01-420.8. Protection of confidential information in court files