Evidence Rule on Admissions to Track Feds’
Richmond partner David Anthony was quoted extensively in a November 12 Virginia Lawyers Weekly article about the Supreme Court of Virginia amending its evidence Rule 2:408.
Effective July 1, the court is removing language in the rule that would open the door to courtroom evidence of admissions of liability or statements of pertinent facts from negotiations. The change announced October 30 was a recommendation of the Boyd-Graves Conference, which studies proposed reforms to the civil justice system. The court’s Advisory Committee on Rules of Practice and Procedure then recommended the amendment to which the Virginia Judicial Council added its blessing.
David, who chaired a study panel within the conference, said the change does not favor either plaintiff or defendant in civil actions. “All in all, people believe settlement is a good thing and you shouldn’t be bitten by inconsistent rules on how the information can be used,” he added.