8.01-3 - Supreme Court may prescribe rules; effective date and availability; indexed, and annotated; effect of subsequent enactments of General Assembly.
§ 8.01-3. Supreme Court may prescribe rules; effective date and availability;indexed, and annotated; effect of subsequent enactments of General Assembly.
A. Supreme Court to prescribe rules. - The Supreme Court, subject to §§17.1-503 and 16.1-69.32, may, from time to time, prescribe the forms of writsand make general regulations for the practice in all courts of theCommonwealth; and may prepare a system of rules of practice and a system ofpleading and the forms of process and may prepare rules of evidence to beused in all such courts. This section shall be liberally construed so as toeliminate unnecessary delays and expenses.
B. Effective date; availability. - New rules and amendments to rules shallnot become effective until 60 days from adoption by the Supreme Court, andshall be made available to all courts, members of the bar, and the public.
C. Rules to be published. - The Virginia Code Commission shall publish andcause to be properly indexed and annotated the rules adopted by the SupremeCourt, and all amendments thereof by the Court, and all changes made thereinpursuant to subsection D hereof.
D. Effect of subsequent enactments of the General Assembly on rules of court.- The General Assembly may, from time to time, by the enactment of a generallaw, modify, or annul any rules adopted or amended pursuant to this section.In the case of any variance between a rule and an enactment of the GeneralAssembly such variance shall be construed so as to give effect to suchenactment.
E. The rules of evidence prepared by the Supreme Court shall be submitted tothe Virginia Code Commission for approval as provided in § 30-153 and shallbe codified upon enactment by the General Assembly.
(Code 1950, §§ 8-1, 8-1.1, 8-1.2, 8-86.1; 1950, p. 3; 1952, c. 234; 1954, c.333; 1971, Ex. Sess., c. 2; 1972, c. 856; 1977, c. 617; 1979, c. 658; 1984,c. 524; 2003, c. 280.)