About This

Virginia Legal Research In-Depth

INTRODUCTION

This research guide is designed to facilitate research in Virginia law in the modern era. It explains the process of making laws, rules and regulations in Virginia. It also identifies and describes major publications of statutory law, administrative law, case law and secondary materials, and explains how to use them. Multiple sources of the same information, print or electronic, and useful contact information are also included. All items are located in the Edward Bennett Williams Law Library unless otherwise indicated.

Remember that the reference librarians are happy to assist you in person, by phone (202-662-9140) or by email.

CONSTITUTION

The Constitution of Virginia is the primary source of authority for all Virginia state law. The first Virginia constitution was adopted in 1776. Since then, the state constitution has gone through a number of redraftings and revisions. The most recent general revision was ratified by Virginia voters in 1970 and became effective on July 1, 1971. The text of the current Virginia constitution can be most easily found in the first volume of the Code of Virginia, along with references to cases interpreting the constitution. The text is also available on the Internet at http://legis.state.va.us/Laws/Constitution.htm.

For more detailed information on Virginia constitutional law and history, see Commentaries on the Constitution of Virginia, KFV2801 1970.A6 H68 or The Virginia State Constitution: A Reference Guide KFV2801 1970.A6 D56 2006.

STATUTORY LAW

This section on statutory law covers the legislative body, the process of how a bill becomes law, how laws are published and compiled, and instructions on legislative history.

A. Legislation

The Virginia General Assembly, Virginia's legislative body, claims to be the "oldest continuous law-making body in the New World." The General Assembly's chief responsibilities are to represent citizens in the formulation of public policy, enact laws of the Commonwealth, approve the budget, levy taxes, elect judges and confirm appointments by the Governor. The General Assembly is a bicameral legislature, and consists of the House of Delegates and Senate of Virginia. The House of Delegates has 90 to 100 members, and the Senate has 33 to 40 members, all of whom are elected by qualified voters within their respective House and Senate districts. The terms of office are two years for members of the House and four years for members of the Senate. There is no limit to the number of terms that can be served.

1. Legislative Process

Legislative Sessions. Legislative sessions convene on the second Wednesday in January each year. In even-numbered years, the session length is 60 days; in odd-numbered years it is 30 days. The session may be extended by a 2/3 majority vote in both houses. Both the governor and the General Assembly (with 2/3 majority vote in both houses) can call for a special session. The General Assembly reconvenes six weeks after adjournment to consider the Governor's actions on bills.

Introduction of Bills. A Delegate or Senator presents an idea for a bill to the Division of Legislative Services, which checks existing law and the constitutionality of the proposal, drafts the bill, and gives it to the member for introduction. The bill is signed by the patron, introduced, and printed. In the House of Delegates, the Clerk assigns a number for each bill and sends the legislation to the Speaker of the House. The Speaker refers the bill to a committee. In the Senate, the bill is assigned a number by the Clerk, who refers it to a committee.

Committee Stage. Once the bill is referred to the appropriate committee, the committee members consider the bill and decide what action to take. Any citizen of the Commonwealth has the right to attend a committee meeting and speak about legislation. After the committee hears the patron and any other witnesses, the committee has several options when the chairman calls for a vote:

  1. Report: The majority of the committee approves of the bill and it is reported to the floor or referred to another committee.
  2. Pass by Indefinitely (PBI): This action allows the committee to reconsider the legislation prior to the deadline established by the procedural resolution that sets the schedule for consideration of bills.
  3. Defeat: The committee rejects a motion to report the bill, and there is no further action by the committee.
  4. Continue/Carry Over: A bill introduced in an even-numbered year session may be continued or carried over to an odd-numbered year session for further action or study during the interim. A carry-over bill retains its assigned bill number in the odd-numbered year session. A bill may not be continued or carried over from an odd-numbered year session to an even-numbered year session.
  5. Pass by for the day: The committee is not ready to act on the bill. If the bill is not taken up before the deadline, then it is considered Left in Committee or No Action Taken.
  6. No Action or Left in Committee: No motion is made on the bill and it dies at the time of the committee action deadline.
  7. Incorporate into other Legislation: The bill is incorporated, or included into another bill through an amendment or a substitute. The bill may have similar language or duplicate language with the same intent.

Readings: For bills that are reported to the floor, the title of each bill must be read three times or appear in the printed Calendar on three different days. Legislation reported from the Committees appears on the Calendar under the category of Senate Bills on First Reading in the Senate, House Bills on First Reading in the House of Delegates, etc. The second reading is referred to as the "amendable state," and committee amendments, floor amendments and floor substitutes are considered. The legislators vote on any amendments or substitutes, and then on whether to engross the bill and send it to its third reading. Engrossing means incorporating any amendment(s) which may have been adopted by the body. If a bill fails to be engrossed and advanced to its third reading, the bill is defeated. Upon passage of legislation, bills and the action taken regarding them are communicated to the other body.

Bicameral Procedures. Each body of the General Assembly is required to pass legislation in exactly the same form before it can be sent to the Governor to become law. House legislation, when first received by the Senate after passage in the House of Delegates, receives its first reading and is referred to the appropriate Senate committee. Likewise, Senate legislation, when received by the House of Delegates after passage in the Senate, receives its first reading and is referred to the appropriate House committee. Legislation of the other body, i.e. House bills in the Senate or Senate bills in the House of Delegates, is not considered amendable on second reading. This legislation, having been reported from a committee, is listed in the Calendar the next day. Committee amendments are not shown in the Calendar until the legislation is on its third reading. Debate on amendment(s) to legislation of the other body takes place on third reading.

If the other body passes the bill without amendment(s), it is enrolled (passed by both houses in the same form) and communicated to the Governor. If a Senate bill is passed by the House of Delegates with amendment(s) or with a substitute, the bill and the changes must be communicated to the Senate, so that the Senate will be in a position to consider the changes proposed by the House. If the Senate agrees to the changes proposed by the House, the bill, with the changes, is enrolled and sent to the Governor. If the Senate does not agree to the changes, a Committee of Conference may be formed to resolve the differences between the House and the Senate. If a Committee of Conference is not formed, the bill fails to pass. Each Committee of Conference consists of an equal number of Senators and Delegates. If an agreement is reached, the terms of the agreement are reported to each body. If each house agrees to the report, the changes agreed to in the Committee of Conference are incorporated into the bill and the "compromise" bill is enrolled [definition: a bill that has been passed by both houses] and sent to the Governor. If the Committee of Conference cannot agree or the report is rejected by either body, the bill dies.

Governor. For any bill presented, the Governor may sign, veto, or offer amendments. The Governor may also veto one or more items if the bill is an appropriation bill. If the Governor does not act on a bill, it becomes law without his signature in seven days. If there are fewer than seven days remaining in the General Assembly session, or if the General Assembly has adjourned, the Governor has thirty days after adjournment to act on bills. If the Governor recommends amendments to or vetoes a bill, and the General Assembly is still in session, the General Assembly can consider the Governor's action. The General Assembly can override the Governor's veto with a two-third majority vote from both houses.

Where to find BILLS and BILL INFORMATION?

[Bills are not available in print at Georgetown Law Library.]

  • Virginia General Assembly Session Tracking (Legislative Information Service), http://leg1.state.va.us/(1994 to the current session)
  • Lexis:
    • States Legal-U.S. > Virginia > Legislation & Politics > VA Full-Text Bills (current session)
    • States Legal-U.S. > Virginia > Statutes & Regulations > VA-Virginia Advance Legislative Service (prior sessions from 1990)
  • Westlaw:
    • VA-BILLTXT database (for current session)
    • VA-BILLTXT-OLD database for previous sessions from 1991
Back to top
2. Session Laws

At the conclusion of each session of the General Assembly, all newly-passed statutes are compiled in session law services. The laws are compiled in chronological order, and assigned consecutive chapter numbers in the order of passage. All print services contain the official language of all Virginia laws, and include indexes to new acts by subject and code provision affected.

Where to find ACTS and LAWS?
  • The Virginia Advance Legislative Service, KFV2431 .A3, is produced by Lexis-Nexis, the same company that publishes the Code of Virginia, and is published fairly quickly after the end of the legislative session.
  • West's Virginia Legislative Service, KFV2430. A44 is also published soon after the end of the legislative session.
  • The Acts of the General Assembly of the Commonwealth of Virginia, KFV 2425 .A213, is not usually received until several months after the end of the session. It is the official legislative service and session laws. Available from HeinOnline (1995-2008)
  • Lexis: States Legal-U.S. > Virginia > Statutes & Regulations > VA-Virginia Advance Legislative Service (coverage begins in 1989).
  • Westlaw:
  • VA-LEGIS database (for current session)
  • VA-LEGIS-OLD database (for previous sessions from 1990)
Back to top
3. Codes and Statutes

After their initial chronological publication, all laws of a general nature passed by the General Assembly are compiled by subject in The Code of Virginia, 1950.

The two Virginia Code publications are:

  • The Code of Virginia, 1950, published by LexisNexis, is the official version of The Code. Even though the title indicates that The Code is out-of-date, it is updated with annual pocket parts, and with paperback supplements issued three times a year (these are entitled Advance Code Service, and should not be confused with the Advance Legislative Service published at the end of each General Assembly session). Entire volumes of the multivolume set are periodically updated and replaced.
  • West's Annotated Code of Virginia is the unofficial version of the Virginia Code. The text and organization are the same as the official code. However, the annotations and finding aids are different. This Code version was first published in 2001, and includes some advantages such as West key number annotations and a modern index. It is updated with annual pocket parts and a semiannual Interim Annotation Service.

In both versions of The Code, the text of the statute is followed by a brief legislative history of the law. There are also cross-references to related statutes and Rules of Court, and annotations containing references to case law, law review articles and other secondary sources.

Where to find the Virginia CODE?

The Virginia Code is available in print and electronic format:


Back to top
4. Finding the law that covers your legal issue

Now that you know how bills are enacted and how laws are published and compiled, how do you go about finding the law on a particular topic?

Finding the Sections:

Begin your search for current Virginia law using the Code of Virginia 1950 or the West's Annotated Code of Virginia. See the gray box below for the location of the sources mentioned.

  • Indexes. In both versions there is an annual index at the end of the set. Search for key terms using the West's Code index; the index to the Code of Virginia uses terms derived directly from the language in the statute and is therefore less helpful to users. You may also search an electronic version of the index in Westlaw by going to the VA-ST-ANN database and clicking "Statutes Index."
  • Table of Contents. If you prefer to browse, use the table of contents for the Virginia Code. All versions of The Code have a table of contents.
  • Popular Name Table: Use a Popular Name Table to look up Virginia statutes by popular name. See "Virginia Code Find Aids" below for locations.
  • Secondary Sources. Use Michie's Jurisprudence of Virginia and West Virginia: A Complete Treatise of Virginia and West Virginia Law to research Virginia statutory law. Michie's is a legal encyclopedia.
Updating your Sections: Online

To make sure you use the most current version of the law, make sure to follow the steps below to update the section.

Free Web

  • The Search page for the Code of Virginia at http://leg1.state.va.us/000/src.htm will state when the Code was last updated. To start the update process, search the bills of each session held after this date:
    1. At http://leg1.state.va.us/lis.htm, check the top of the screen to ensure that you are searching in the right legislative session. Select "Bills and Resolutions" under "Searchable Databases".
    2. Search for the code section you are updating – if you are updating Code Section 5.1-26, enter "5.1-26" in the search form. Select "chapter" from the pull-down menu.
    3. If the search returns any results, scan the results (each hit is a chapter law) to see how your code section is affected. [Select "show hits," to highlight your search term in the text of the law.]

Lexis & Westlaw

  • Lexis: Legislative changes are incorporated into the Code language immediately after their effective date. However, a "statute section affected by newly enacted legislation that has not yet been incorporated into the code contains a STATUS segment. This segment cites the chapter in the Advance Legislative Service (ALS) that affects the code section. Markers are available to quickly take you to the affecting language." (From Lexis.)
  • Westlaw: The following instructions are provided by Westlaw:

    "1) Use KEYCITE whenever the message "Use KEYCITE" appears [or when a yellow or red symbol is displayed] to retrieve laws or orders which amend or repeal the document, and

    2) Search for your subject matter in VA-LEGIS to retrieve (i) slip copy documents which amend or repeal documents in your search result and (ii) any additional relevant materials, which may include new statutes or rules, local or special laws, and uncodified materials."

Updating your Sections: In the Books
  1. Check the annual pocket part in the back of the volume you are reading. This will contain changes to the code that have occured since the hardbound volume was printed. Sometimes, instead of a pocket part, supplementation will be in the form of a separate, paperback volume. If you cannot find your section in the pocket part, that means your section has not been changed between the time of the publication of the main volume and the time of the publication of the pocket part.
  2. Next check the Virginia Advance Legislative Service or West's Virginia Legislative Service to see if the General Assembly has passed any bills affecting your law since the publication of the pocket part (Note: the legislative session begins in January every year, and ends by July 1.)
  3. Use the latest volume of the Service for the relevant legislative session and use the Table of Sections Affected or Code Sections Affected to see if the code section is listed. If it is listed, a newly-passed law affects your statute. Check the table for the law's bill number and look up the new language.
  4. Note that most Virginia laws take effect on July 1, so updating in the books does not fall too far behind updating electronically. Generally however, electronic updating methods are preferable to print updating methods because of the currency of information.

 

Virginia Code Finding Aids

Use these sources to help find statutes on particular topicsc:


Back to top

B. Legislative History

There is no official legislative history information in Virginia, so the documents and resources that will help to establish legislative intent are varied. Make sure you have the law's bill number and chapter number before you start on a history. Then, refer to the sources listed below to gather as much information as you can.

Available in the library or on-line:

Code of Virginia

  • Annotations. The text of each statute is followed by parenthetical information about its history. For code provisions enacted or amended since 1950, the note refers to the appropriate volume and chapter of the Acts of the General Assembly, and to earlier code citations if a particular title has been recodified. For code provisions already in effect in 1950, the note refers to an earlier edition of the code.
  • Superseded Codes.
    • All superseded Virginia Codes are available in the Williams Library in the Historic Core Collection, Special Collections or microfiche.
  • Westlaw - The Code as it appeared each year since 1987 is available: U.S. State Materials > Other U.S. States > Virginia > Statutes & Legislative Materials > Virginia Historical Statutes Annotated.
  • Lexis - The Code as it appeared each year since 1991 is available. States Legal-U.S. > Virginia > Statutes & Regulations > Legislative Archive

Bills

  • 1776 - 2004. Virginia Session Laws in microfiche, Media Center (Williams Library, 1st floor), cabinet D8.
  • 1968-1970. Acts and Joint Resolutions of the General Assembly of the Commonwealth of Virginia KFV2425 .A213.
  • 1983 - 2004, Acts of the General Assembly of the Commonwealth of Virginia, KFV 2425 .A213. Updated annually.
  • 1995 to current. The Virginia General Assembly Legislative Information Service web site, http://leg1.state.va.us/.
    • Choose the session, enter search terms, and choose "chapter" from the drop down menu to search enacted legislation, or search across sessions by clicking a link at the bottom right of the screen.
  • Lexis: States Legal-U.S. > Virginia > Statutes & Regulations > VA-Virginia Advance Legislative Service (1989 to current)
  • Westlaw:
    • VA-LEGIS database for current session
    • VA-LEGIS-OLD database for previous sessions from 1990

Reports to the General Assembly, reports mandated by the code of Virginia, selective from 1940, link to pdf where available, http://leg2.state.va.us/DLS/H&SDocs.NSF/Search%20options?OpenForm

Newspapers

  • The Richmond Times-Dispatch, Richmond's daily newspaper, covers the General Assembly well, and can be a good resource for background information on legislation.
  • Web site, http://www.timesdispatch.com, has a special section for articles covering the General Assembly, (click Metro & Virginia and General Assembly).
  • Westlaw, RCHMDTD database, January 1989 to present
  • Lexis, News & Business > News > By Individual Publication > R > Richmond Times Dispatch, November 1, 1995 to present
  • Virginia Lawyers Weekly is a legal newspaper that covers legislative activities.
    • It is available on the 1st floor at Call Number K26 .I755.
    • Lexis, Legal News > Legal News By Jurisdiction > Virginia > Legal News > Virginia Lawyers Weekly, January 2004 to present
    • Westlaw, VALAWWKLY database, January 2004 to present
Items not available in the GU Law Library:

Special Studies. The House or Senate will sometimes order committees to prepare studies of topics important to the Assembly. A chronological list of House and Senate Documents from 1897 is available online at http://leg2.state.va.us/dls/h&sdocs.nsf/Published%20by%20Year?OpenForm. Only a few select newer reports are available in full text online. The reports from these studies are compiled in a set entitled House & Senate Documents which is not available in our library. However, reports can be requested using Interlibrary Loan, or by contacting the Legislative Bill Room, General Assembly Building, Basement, Richmond, Virginia 23219, (804) 786-6984.

Floor Debates. There are no paper records of the proceedings of the General Assembly. Instead, there are videotapes available for viewing at the offices of the General Assembly in Richmond. House debates are available from the 1980's to the present, and Senate debates are available for the past six months. You must call ahead to make sure the tapes are available, and you must know the dates of the proceedings you want to see. Contact the House Journal Clerk's office at 804-698-1530 or the Senate Clerk's office at 804-698-7400.

More Information

Research guides of the Virginia Legislative Information Service, the University of Virginia Law Library and the College of William and Mary Law Library all have very good information on legislative history. Each contains a different perspective on the process and each is worth reading.

Also, the two Virginia legal research guides available here in the library have excellent sections on legislative history:

  • Legal Research in the District of Columbia, Maryland and Virginia, 2d ed., 2000, KF240 .C43 2000.
  • A Guide to Legal Research in Virginia, 5th ed., 2005, KFV2475 .G85 2005.
Back to top

ADMINISTRATIVE LAW

Administrative law consists of the regulations and decisions made by government agencies and other entities which fall under the executive branch (the Governor's office) of the Commonwealth. These agencies, boards, and commissions are empowered by the General Assembly to implement and enforce state law through the promulgation of rules and regulations.

1. Executive Branch Structure

The Executive Branch consists of the Governor, Lieutenant Governor, Attorney General, and the Boards and Departments that serve them. See the Organization of State Government chart at http://www.commonwealth.virginia.gov/SoC/OrgChart2005-2006.pdf.

  • Office of the Governor, http://www.governor.virginia.gov. The Governor has the chief executive power of the Commonwealth. His responsibilities include making sure the laws are faithfully executed, acting as chief of the armed forces, and interacting with other states and foreign entities. The Governor cannot serve more than one consecutive term of office (he/she may "skip" one or more terms).
  • Office of the Lieutenant Governor, http://www.ltgov.virginia.gov/. "The official responsibilities of Virginia’s Lieutenant Governor as described by Article V of the Virginia Constitution are to preside over the state Senate, but casting a vote only in the event of a tie. And in the case of removal of the Governor from office or in case of his disqualification, death, or resignation, the Lieutenant Governor shall be Governor." From http://www.ltgov.virginia.gov/educational/aboutOffice.cfm.
  • Office of the Attorney General, http://www.oag.state.va.us/. The Attorney General renders official written advisory opinions on issues of Virginia law when formally requested by the Governor, a member of the General Assembly, a state court judge, the State Corporation Commission, a Commonwealth's Attorney or county attorney, or other desingated government officer. See http://www.oag.state.va.us/About%20Us/aboutoag.htm for information about the role of the Attorney General.
  • The Governor's Cabinet, http://www.governor.virginia.gov/VirginiaGovernment/cabinet.cfm. The Secretaries of the Commonwealth are responsible for providing overall supervision and direction to the agencies which report to them. By law they also have the power to resolve conflicts between their agencies, direct preparation of their budgets, and hold agency heads accountable for effective and efficient performance.
  • Executive Agencies, http://www.virginia.gov/.
  • Independent Agencies. The Commonwealth has seven independent agencies (see http://www.virginia.gov/).

2. Regulations

Administrative law in Virginia is governed by the Administrative Process Act, Va. Code Ann. § 2.2 et seq. Administrative law consists of the regulations and decisions made by Virginia agencies, whether executive or independent. Basic procedure includes publication of proposed and final regulations in the Virginia Register of Regulations, and publication of final regulations by topic in the Virginia Administrative Code.

The process of promulgating a regulation is clearly explained in the Legislative Information Service web site: "An agency wishing to adopt, amend, or repeal regulations must first publish [the proposed regulation] in the Virginia Register a notice of intended regulatory action. . . [the agency then accepts] public comments for a minimum of 60 days . . . The Governor reviews the proposed regulation to determine if it is necessary to protect the public health, safety and welfare, and if it is clearly written and easily understandable . . . When final action is taken, the agency again publishes the text of the regulation as adopted, highlighting all changes made to the proposed regulation and explaining any substantial changes made since publication of the proposal. A 30-day final adoption period begins upon final publication in the Virginia Register . . . A regulation becomes effective at the conclusion of the 30-day final adoption period, or at any other later date specified by the promulgating agency . . ." See http://legis.state.va.us/codecomm/register/process.htm for a more detailed description, including exceptions and special rules.

Administrative Codes and Registers
  • The Virginia Register, KFV2436. V5 (recent issues are on Reading Room Mezzanine. The library is missing issues from 2002 through November 2005) published every other week, includes proposed and final rules and regulations. Indexes are published quarterly, with a final annual cumulative index for each volume. Regulations in the Virginia Register are published by status (proposed or final), and by Virginia Administrative Code title.
  • The Virginia Administrative Code, KFV2435 1992 .A22, is the official source for promulgated rules and regulations currently in effect. It is organized by subject in 24 titles, and is updated twice a year with an Annual Supplement located in the front of each volume. There is a General Index as well as indexes at the back of each title. There is also a conversion table which translates Virginia Register provisions. Each regulation entry in the Virginia Administrative Code includes the text of the regulation and historical notes with information about its proposed and final entry in the Virginia Register, amendment information, and annotations to statutory law, case law and secondary sources. The Administrative Code also publishes Executive Orders, meeting and hearing schedules, and general information about agencies.
Finding the Current Regulation that Covers Your Issue
  • Print: To begin a general search for regulations on a certain topic, use the general print index found at the back of each bound volume, or browse the list of titles at the front of each volume, and then the table of contents at the beginning of each title. If you already know the regulation citation from the Virginia Register, you can use the conversion table in the Conversion Tables and Appendices volume to find the correct section.
  • Free Web: http://legis.state.va.us/codecomm/register/issfiles.htm (from 1998). Use the search function and relevant keywords to find the appropriate section, or use the table of contents to browse. The advantages to using this version is its currency, and the ease in updating (see Updating your Sections below).
  • Lexis and Westlaw. Search the correct database or file with relevant keywords to find the appropriate section, or use the table of contents to browse. Both Lexis and Westlaw provide current information, and the "Current as of" date is give for each section. There is an advantage to using Lexis in that its references to other sections are linked.
Finding Proposed and Final Regulations in the Virginia Register
  • Print: Our library holds Virginia Register issues through 2000 (KFV2436. V5). To find a print regulation, see the index published most recently (either the annual cumulative index, or the quarterly index). You will need to backtrack through each quarterly index published since the most recently annual index, and then each annual index until the appropriate regulation is located. You can search for a regulation in the Alphabetical Listing of the index, or browse by Code title. Indexes are bound with the Register issues and, with a few exceptions, not separately listed in the online catalog.[A smarter way to find a regulation is to locate the regulation in the Virginia Administrative Code and use the citations to the Virginia Register found in the Historical Notes after the text of the regulation.]
  • Lexis and Westlaw. Lexis and Westlaw both have information and text of current proposed and final regulations. However, only Lexis has historical Virginia Register information.

Updating your Sections: In the Books

  • The first step in updating a regulation section (making sure it is current) is to use the Virginia Administrative Code. Check the annual supplement at the front of each volume which should contain the most up-to-date print version of any section that was recently changed. If there is no listing in the annual supplement for the section, check the regular section of the Administrative Code and note the date of the last amendment or the date of derivation.
  • The next step in updating a section is to use the "Cumulative Table of Virginia Administrative Code Sections Adopted, Amended or Repealed" (the list is cumulative for each calendar year) which is printed in each edition of the Virginia Register. Use the table found in the most recent issue of the Virginia Register, and check the list for the relevant code section. If the section is listed with a more recent date than the amended or derived date of the version you are using, make sure to use the language and citation of the final regulation.

Updating your Sections: Online

  • Free Web, http://legis.state.va.us/codecomm/register/issfiles.htm. Search or browse to the correct section, note the "updated through" date at the top left of the screen, then click the "cumulative table" link at the top of the screen to see the most recent "Cumulative Table of Virginia Administrative Code Sections Adopted, Amended or Repealed." Check the list for the relevant code section. If the section is listed with a later date than the amended or derived date of the version you are using, make sure to use the language and citation of the final regulation. Make sure to note the effective date.
  • Lexis and Westlaw.
  • Lexis. Find the section in the Virginia Administrative Code file (see "Where to find Virginia Regulations" below) and note the "current through" date. Use the file at States Legal-U.S. > Virginia > Agency & Administrative Materials > RegAlert-Virginia Documents to find any updates to the regulation. If there is information with a date later than the "current through" date, make sure to use the language and citation of the final regulation. Make sure to note the effective date.
  • Westlaw. Find the section in the VA-ADC database and note the "current through" date. Use the VA-REG-NETdatabase to find any updates to the regulation. If there is information with a date later than the "current through" date, make sure to note the effective date, and use the language and citation of the final regulation.

 

Where to find Virginia Regulations?

Virginia regulations are easily available both in print and online.

  • Virginia Administrative Code
  • Print: KFV2435 1992 .A22
  • Free web (official): http://leg1.state.va.us/000/srr.htm
  • Lexis:
  • Current Code: States Legal-U.S. > Virginia > Statutes & Regulations >  VA-Virginia Administrative Code
  • Previous Codes from 2004: Legal > States Legal-U.S. > Virginia > Statutes & Regulations > Administrative Code Archive
  • Westlaw:
  • Current Code: VA-ADC database
  • Previous Codes: VA-ADC02, VA-ADC03 and VA-ADC04 databases.
  • Virginia Register
  • Print: KFV2436 .V5 (Recent issues are on the Reading Room Mezzanine. Print issues are not available in our library from 2001 through November 2005)
  • Free Web: http://legis.state.va.us/codecomm/register/issfiles.htm (from 1998)
  • Lexis: States Legal-U.S. > Virginia > Agency & Administrative Materials > VA-Virginia Register of Regulations (from 1999)

Back to top

3. Administrative Orders, Decisions, and Opinions

Some Virginia executive officers and agencies publish their orders and decisions, but most do not. See the following:

Executive Orders. An Executive Order is a law executed by the the Governor of Virginia. The Governor usually issues an Executive Order to accomplish a specific purpose. Virginia's Executive Orders web site contains information on the current Governor's Executive Orders, as well as selected Orders of past Governors, and a list of all Executive Orders still in effect. For more information on Executive Orders, including the details of their purpose, use, timeframe and policy, see http://www.dpb.virginia.gov/EO/faq.doc.

Opinions of the Attorney General: The Attorney General renders official written advisory opinions on issues of Virginia law when formally requested by the Governor, a member of the General Assembly, a state court judge, the State Corporation Commission, a Commonwealth's Attorney or county attorney, or other designated government officer. The opinions are compiled in The Annual Report of the Attorney General of Virginia and Opinions Of The Attorney General And Report To The Governor Of Virginia. Each report contains a name index, subject index, and indexes to the statutory and Constitutional provisions cited for that volume. Cumulative ten-year indexes to the Annual Report up to 1987 are also available.

The State Corporation Commission is an independent agency with regulatory authority over many business and economic interests in Virginia. It has a unique structure in that it is organized as a separate department of government with delegated administrative, legislative, and judicial powers. SCC decisions can only be appealed to the Virginia Supreme Court. See http://www.scc.virginia.gov/commission/overview.htm.

The SCC holds hearings under its adjudicatory authority. Case information, including decisions, dockets, and public filings, is available at http://www.scc.virginia.gov/caseinfo.htm. Background, organization, documents, proceedings, and other information are available at http://www.scc.virginia.gov/commission/commissionandyou.htm.

The Workers' Compensation Commission is responsible for administering the Virginia Workers' Compensation Act. Opinions are available from:


Virginia Taxation

  • The Virginia Department of Taxation
  • Library Resources. Virginia tax law can also be researched using subscription databases from http://www.ll.georgetown.edu/connect/index.cfm:
    • State and Local Taxes Library (RIA)
    • CCH Tax Research Network (choose the State Tax tab)

Back to top

COURTS AND CASES

1. Courts

Virginia State Courts:

The Virginia court system has three levels of courts. Click here for a diagram of the system.

The Supreme Court of Virginia, http://www.courts.state.va.us/scv/home.html, is the highest court in Virginia, and the court of last resort. It is made up of seven justices elected by the General Assembly for a renewable term of twelve years. The court has both original and appellate jurisdiction (original jurisdiction only for habeas corpus, mandamus, prohibition, writs of actual innocence pursuant to Virginia's Code § 19.2-327.2, and matters filed by the Judicial Inquiry and Review Commission relating to judicial censure, retirement, and removal of judges). It hears appeals on a discretionary basis, except in cases involving the State Corporation Commission, the disbarment of an attorney, and review of the death penalty. Its decisions are binding on itself and on all courts below it. For details on the history and procedure of the Supreme Court, see http://www.courts.state.va.us/scov/cover.htm.

The Court of Appeals of Virginia, http://www.courts.state.va.us/cav/home.html, is the Commonwealth's intermediate appellate court. It is a fairly new court, created in 1985. Prior to its creation, cases were appealed directly to the Supreme Court. Since the establishment of the Court of Appeals, appellate capacity had increased by 38.8% in 2005.* The Court of Appeals consists of eleven judges who are elected for eight year renewable terms by the General Assembly.The Court of Appeals normally sits in panels of at least three judges, although it sits en banc under certain conditions.* The Court of Appeals has original jurisdiction to issue writs of mandamus, prohibition and habeas corpus in any case over which the Court would have appellate jurisdiction, and also has original jurisdiction to issue a writ of actual innocence upon petition of a person who has been convicted of a felony upon a plea of not guilty. The Court of Appeals has appellate jurisdiction over final decisions of the Virginia Circuit and General District Courts and the Virginia Workers' Compensation Commission, and over some interlocutory orders.* It must hear all appeals that it receives.

* See http://www.courts.state.va.us/coa/coa.htm.

The Virginia Circuit Courts, http://www.courts.state.va.us/courts/circuit.html, are the highest Virginia trial courts with general jurisdiction, and the only Virginia court that holds jury trials. Circuit court judges are elected for an eight-year renewable term by the General Assembly. Jurisdiction covers most civil law and equity claims, all felonies, and appeals from the District Courts, and from administrative agencies. The circuit court system is composed of thirty-one judicial circuits with one hundred twenty-two separate circuit courts in the various counties and cities of the State. See http://www.courts.state.va.us/cc/circuit.htm for detailed information.

The District Courts. The Virginia District Courts are trial courts with limited civil and criminal jurisdiction. General District Court judges are elected for a six-yeara renewable term by the General Assembly. All cases are conducted by a judge, with no jury. There are two types of district courts in Virginia: the General District Courts and the Juvenile and Domestic Relations District Courts.

  • The General District Courts, http://www.courts.state.va.us/courts/gd.html, have jurisdiction in traffic, misdemeanor, and civil suits involving amounts of money up to $15,000. It also holds preliminary hearings in felony cases. For more information, see http://www.courts.state.va.us/gdc/gdc.htm.
  • The Juvenile and Domestic Relations District Courts, http://www.courts.state.va.us/courts/jdr.html, handle criminal and traffic violations by juveniles and serious family relations problems. In Virginia, a juvenile is any person under age 18. "Juvenile and Domestic Relations District Courts differ from other courts in their duty to protect the confidentiality and privacy of juveniles coming before the court, and in their commitment to rehabilitate those who come before the court, in addition to protecting the public and holding juvenile offenders accountable for their actions." (http://www.courts.state.va.us/jdrdc/jdrdc.htm).
Federal Court System in the Commonwealth of Virginia:

The Commonwealth of Virginia falls within the Fourth Judicial Circuit of the United States Court System. See http://www.ca4.uscourts.gov/ for the Fourth Circuit Court of Appeals.

The Federal District (trial level) courts in Virginia are the

Back to top

2. Court Opinions

Local Court Opinions:

Opinions of the Virginia Courts can be found as follows:

Federal Court Opinions:

Federal Court Opinions that apply Virginia law can be found in the following sources:

Updating Cases

To make sure a case is still good law, make sure to use one of the sources below to update it.

Finding Aids for Cases:
  • Virginia and West Virginia Digest; Covering Cases from State and Federal Courts, KFV2457 .V5. Digests are used to find case law by topic. All published case law is represented. The Virginia Digest is a West publication. The law is organized into broad topics within which narrow topics can be found. Each topic has a key number which applies to the same topic in all jurisdictions. The digest can be searched using the index, or can be browsed using the outline at the beginning of each topic heading. The Digest is updated with semiannual pamphlets and annual pocket parts.
  • Westlaw's Digest. Use the Digest in Westlaw by clicking the Sitemap link and choosing Key Number Digest. Navigate to the appropriate topic and key number, click the box to the left, and click "Search Selected" at the bottom left of the screen. The Custom Digest that you create will allow you to select Virginia law. This Digest should be identical to the print Virginia Digest for the specific topic.

Back to top

3. Court Rules

Where to Find Virginia Court Rules:
  • Print:
    • Code of Virginia, 1950, Volume 11 (official source), KFV2430 1950 .A3
    • West's Annotated Code of Virginia, Volume 11, KFV2430 1950 .A422.
    • Virginia Court Rules and Procedure: State, KFV2929 .A193. Annual publication. Includes updates as of September 1 of the previous year.
    • Virginia Court Rules and Procedure: Federal, KFV2929 .A194. Annual publication. Includes updates as of September 1 of the previous year.
    • Virginia Rules Annotated: Including the Rules of the Courts and Commissions in Virginia, the Rules of the Federal Courts, and the Rules of the Supreme Court of the United States, KFV2929 .A2. Annual publication
  • Free web: From Virginia General Assembly: Table of Contents at http://leg1.state.va.us/000/scr/TOC.HTM and searchable database at http://leg1.state.va.us/000/srs.htm
  • Lexis: States Legal-U.S. > Virginia > Statutes & Regulations > VA-Virginia State & Federal Court Rules
  • Westlaw: VA-RULES database (state and federal)

Back to top

LOCAL GOVERNMENTS

Local governments in Virginia act as agents of the state, and do not have their own authority. The framework and laws for local governments are provided in Article VII of the Constitution of Virginia and Title 15.2 of the Code of Virginia.

Counties, cities and towns can apply to the General Assembly to become municipal corporations. The charters of municipal corporations are their organic (constitution-like) laws. Legislative provisions are provided in a locality's ordinances. Localities may exercise only those powers granted expressly by statute or charter. Information about individual Virginia localities may be accessed at http://www.virginia.gov/community/hub_page.htm.

Where to find Charters, Ordinances, Codes and Other Information

Charters and Ordinances

  • Charters of counties and independent cities are officially published in the Acts of Assembly the year they are enacted.
    • Print: The Acts of the General Assembly of the Commonwealth of Virginia (Acts of Assembly), 4th floor, KFV2425 .A213.
    • Free Web: General Assembly's Bills and Resolutions Across Sessions searchable database, http://leg1.state.va.us/000/sab.htm. Choose Chapter from the drop down menu (this will retrieve enacted laws only), and search the word "charter" for all charters created or amended since 1994.
    • Westlaw: VA-LEGIS-OLD database.
  • Charters are also included in a locality's ordinances.
  • Counties, Cities and Towns with Charters from the Virginia Legislative Service (list and links (unofficial)), http://dls.state.va.us/lrc/charters/welcome.htm.

Other Information

BOOKS AND PRACTICE MATERIALS

When researching Virginia law, the print or electronic sources listed below can be of help to you:

  • Michie's Jurisprudence of Virginia and West Virginia: A Complete Treatise of Virginia and West Virginia Law, 4th floor, call number KFV2465 .M4. Michie's is a legal encyclopedia which addresses Virginia legal topics in an introductory fashion. There is a summary of the law, citations to cases, statutes and secondary sources. Michie's is updated annually. The print version is updated annually. Michie's is also available in Lexis (States Legal-U.S. > Virginia > Restatements & Jurisprudences > Michie's Jurisprudence of Virginia and West Virginia).
  • Virginia Forms, KFV2468 .G68. Updated by pocket parts. Includes forms covering civil litigation, criminal procedure, and real estate transactions. Includes index volume.
  • Virginia Practice Series
    • Print: titles include Business Entities, Civil Discovery, Criminal Procedure, Family Law and Trial Handbook for Virginia Lawyers. Click to see the GULLiver record for this series.
    • Westlaw (VAPRAC database), which covers the following individual publications: Jury Instructions, Criminal Procedure, Criminal Procedure Forms, the state Trial Handbook, Probate Handbook with Forms, Criminal Offenses and Defenses, Real Estate Transactions, Family Law, Business Entities, Products Liability, Civil Discovery and the Landlord-Tenant Handbook.
  • Lexis: States Legal-U.S. > Virginia > Treatises & Analytical Materials, which includes approximately 20 different Virginia treatise titles.

Please note that in addition to the sources listed above, the library's collection includes many different volumes on Virginia law. Anyone seeking information should search under KFV2401 B78 1979. You may also view the collection electronically in the GULLiver catalog. Do a call number search at http://gull.georgetown.edu/search/c. Enter the call number KFV. The Virginia resources are listed after the Vermont materials.

Back to top

LAW REVIEWS, BAR JOURNALS, LOCAL NEWSPAPERS

The following periodicals are listed here because their contents can be of assistance when researching Virginia law:

  • University of Richmond Law Review publishes an Annual Survey of Virginia Law.
    • Print: Journals, K25 .N725.
    • Online:
      • Hein Online, from 1958
      • Lexis: States Legal-U.S. > Virginia > Law Reviews & Journals > University of Richmond Law Review (from Winter 93/94)
      • Westlaw: URMDLR database (from 1993)
  • Virginia Lawyers' Weekly, Journals, K26 .I755. Legal news, appellate decisions, verdict and settlement reports, passed and pending legislation, etc.
  • The Richmond Times-Dispatch, Richmond's daily newspaper
    • Web site, http://www.timesdispatch.com, has a special section for articles covering the General Assembly, (click Virginia/Metro and General Assembly).
    • Westlaw: RCHMDTD database, January 1989 to present
    • Lexis: News & Business > News > By Individual Publication > R > Richmond Times Dispatch, November 1, 1995 to present
Back to top

OTHER USEFUL RESOURCES

OTHER RESEARCH GUIDES

 

Revised April 2007 (BRM)

The author of this guide would like to acknowledge the authors of the sources listed above, and the Commonwealth of Virginia, for the information provided in their guides and on their web sites.

 

Page last saved on 05/11/2009