In terms of evidence legislation, the most significant development of the past year may be what did not happen in Virginia. In late 1987 the Supreme Court of Virginia, following a long period of careful study, recommended against the adoption of a statutory code of evidence for Virginia. In announcing the court's conclusion, Chief Justice Carrico cited a passage from the 1987 Annual Survey of VirginiaLaw, which stated: "When it comes to the formulation of rules of evidence, the common-law system of judge-made rules, supplemented by a steady flow of case opinions from competent appellate courts, is far superior to any other system of evidence." Virginia will therefore apparently retain its traditional common- law system of evidence law for the immediate future.
Charles E. Friend,
Annual Survey of Virginia Law: Evidence,
U. Rich. L. Rev.
Available at: https://scholarship.richmond.edu/lawreview/vol22/iss4/8