West Virginia Rules of Evidence – 2026

The West Virginia Rules of Evidence, restyled to track the restyled Federal Rules of Evidence effective September 2, 2014, with the Supreme Court of Appeals' comment on each rule noting where West Virginia departs from the federal text. Coverage runs from general provisions and judicial notice, through relevance, privileges, witnesses, opinion testimony and hearsay, to authentication and the contents of writings.

Last updated September 03, 2026

Browse all 64 rules of the 2026 edition below. Each rule includes the full text, a plain-English summary, committee notes, amendment history, and cross-references to related rules. Use the search box to find rules by keyword or number.

Article I: General Provisions

Rule 101 Scope; Definitions Rule 102 Purpose Rule 103 Rulings on Evidence Rule 104 Preliminary Questions Rule 105 Limiting Evidence That is Not Admissible Against Other Parties or for Other Purposes Rule 106 Remainder of or Related Writings or Recorded Statements

Article II: Judicial Notice

Rule 201 Judicial Notice of Adjudicative Facts Rule 202 Judicial Notice of Law

Article III: Presumptions

Rule 301 Presumptions in Civil Cases Generally

Article IV: Relevancy and Its Limits

Rule 401 Test for Relevant Evidence Rule 402 General Admissibility of Relevant Evidence Rule 403 Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons Rule 404 Character Evidence; Crimes or Other Acts Rule 405 Methods of Proving Character Rule 406 Habit; Routine Practice Rule 407 Subsequent Remedial Measures Rule 408 Compromise Offers and Negotiations Rule 409 Offers to Pay Medical and Similar Expenses Rule 410 Pleas, Plea Discussions, and Related Statements Rule 411 Liability Insurance Rule 412 Sex-Offense Cases: the Victim's Sexual Behavior or Predisposition

Article V: Privileges

Rule 501 Privilege in General Rule 502 Attorney-Client Privilege and Work Product; Limitations on Waiver

Article VI: Witnesses

Rule 601 Competency to Testify in General Rule 602 Need for Personal Knowledge Rule 603 Oath or Affirmation to Testify Truthfully Rule 604 Interpreter Rule 605 Judge's Competency as a Witness Rule 606 Juror's Competency as a Witness Rule 607 Who May Impeach a Witness Rule 608 A Witness's Character for Truthfulness or Untruthfulness Rule 609 Impeachment by Evidence of a Criminal Conviction Rule 610 Religious Beliefs or Opinions Rule 611 Mode an Order of Examining Witnesses and Presenting Evidence Rule 612 Writing Used to Refresh a Witness's Memory Rule 613 Witness's Prior Statement Rule 614 Court's Calling or Examining a Witness Rule 615 Excluding Witnesses

Article VII: Opinion and Expert Testimony

Rule 701 Opinion Testimony by Lay Witnesses Rule 702 Testimony by Expert Witnesses Rule 703 Bases of an Expert's Opinion Testimony Rule 704 Opinion on Ultimate Issue Rule 705 Disclosing the Facts or Data Underlying an Expert's Opinion Rule 706 Court-Appointed Expert Witnesses

Article VIII: Hearsay

Rule 801 Definitions That Apply to This Article; Exclusions from Hearsay Rule 802 The Rule Against Hearsay Rule 803 Exceptions to the Rule Against Hearsay Rule 804 Hearsay Exceptions; Declarant Unavailable Rule 805 Hearsay Within Hearsay Rule 806 Attacking and Supporting the Declarant's Credibility Rule 807 Residual Exception

Article IX: Authentication and Identification

Rule 901 Authenticating or Identifying Evidence Rule 902 Self-Authentication Rule 903 Subscribing Witness's Testimony

Article X: Contents of Writings; Recordings & Photographs

Rule 1001 Definitions That Apply to This Article Rule 1002 Requirement of the Original Rule 1003 Admissibility of Duplicates Rule 1004 Admissibility of Other Evidence of Content Rule 1005 Copies of Public Records Rule 1006 Summaries to Prove Content Rule 1007 Testimony or Statement of a Party to Prove Content Rule 1008 Functions of Court and Jury

Article XI: Miscellaneous

Rule 1101 Applicability Rule 1102 Title