Va. R. Sup. Ct. 2:607

As amended through September 26, 2024
Rule 2:607 - Impeachment of Witnesses (Rule 2:607(b) derived from Code Section 8.01- 401(A); and Rule 2:607(c) derived from Code Section 8.01-403)
(a)In general. Subject 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. Impeachment may be undertaken, among other means, by:
(i) introduction of evidence of the witness's bad general reputation for the traits of truth and veracity, as provided in Rule 2:608(a) and (b);
(ii) evidence of prior conviction, as provided in Rule 2:609;
(iii) evidence of prior unadjudicated perjury, as provided in Rule 2:608(d);
(iv) evidence of prior false accusations of sexual misconduct, as provided in Rule 2:608(e);
(v) evidence of bias as provided in Rule 2:610;
(vi) prior inconsistent statements as provided in 2:613;
(vii) contradiction by other evidence; and
(viii) any other evidence which is probative on the issue of credibility because of a logical tendency to convince the trier of fact that the witness's perception, memory, or narration is defective or impaired, or that the sincerity or veracity of the witness is questionable.

Impeachment pursuant to subdivisions (a)(i) and (ii) of this Rule may not be undertaken by a party who has called an adverse witness.

(b)Witness with adverse interest. A witness having an adverse interest may be examined with leading questions by the party calling the witness. After such an adverse direct examination, the witness is subject to cross-examination.
(c)Witness proving adverse.
(i) If a witness proves adverse, the party who called the witness may, subject to the discretion of the court, prove that the witness has made at other times a statement inconsistent with the present testimony as provided in Rule 2:613.
(ii) In a jury case, if impeachment has been conducted pursuant to this subdivision (c), the court, on motion by either party, must instruct the jury to consider the evidence of such inconsistent statements solely for the purpose of contradicting the witness.

Va. Sup. Ct. 2:607

Adopted and promulgated by Order dated June 1, 2012; effective 7/1/2012; adopted and promulgated by order dated June 1, 2012; effective 7/1/2012; amended by order dated September 3, 2020, effective 9/3/2020; amended by order dated November 13, 2020, effective 7/1/2021.