Virginia Legal Research

The University of Virginia Law Library contains a variety of resources helpful in researching questions of law specific to the Commonwealth of Virginia. Many of these resources, including the Code of Virginia, are shelved in the Virginia Reference collection on the second floor of the library. This collection is found on two index tables just beyond the statutory codes for the other states.

Many people without legal training use the Law Library to answer questions involving Virginia law, and this guide should provide some guidance. Patrons should recognize, however, that some research questions are exceptionally complicated or deal with unresolved areas of law. If you need answers to such questions, you may wish to consult with a legal professional.

This brief overview is designed to serve as a starting point. For more detailed information, researchers should consult A Guide to Legal Research in Virginia, 3d ed. (Reference Desk or Reserve KFV2475 .G85 1999) or Legal Research in the District of Columbia, Maryland and Virginia, 2d ed. (Virginia Reference).


I. Virginia Case Law

Reported decisions of Virginia courts are collected in the following publications:

Virginia Reports is the official publication for decisions of the Supreme Court of Virginia. Recent decisions are in paperback advance sheets shelved next to the most recently published bound volume.

Virginia Court of Appeals Reports is the official reporter for all published decisions of the Virginia Court of Appeals. Recent decisions are published in advance sheets prior to being collected in the bound volumes.

The South Eastern Reporter is an unofficial reporter for Virginia Supreme Court and Court of Appeals cases, as well as cases from the state courts of Georgia, North Carolina, South Carolina, and West Virginia. The reporter consists of two series, reporting cases from 1887 to present. It is published by West Group and makes use of West’s key number system (see the section on Case Finding Tools below). Recent cases appear in weekly advance sheets.

Virginia Court of Appeals Unpublished Opinions is a collection of decisions of the Court of Appeals which are cited in the Code of Virginia but are not published in the official reports. This collection, compiled here at the Law Library, covers only 1985 to 1992. More recent unpublished opinions are available electronically.

Virginia Circuit Court Opinions collects selected opinions of Virginia’s general jurisdiction trial courts. Since circuit court opinions are of limited precedential value, most are not published. This publication collects certain cases of first impression, and additional cases in the areas of procedure, corporation law, environmental law, and the Uniform Commercial Code. There are no advance sheets for this series.

The South Eastern Reporter is shelved at the north end of the second floor, with the other regional reporters. The other reporters for Virginia decisions are shelved at the south end of the second floor, with the other state reports. Recent decisions from the Supreme Court and Court of Appeals are also available on the Internet at http://www.courts.state.va.us/opin.htm.

Federal Cases: At times, federal courts may need to apply Virginia state law and even examine unresolved questions of Virginia law. Although these federal opinions are not binding on Virginia state courts, they may be quite useful as persuasive authority for those researching developing areas of Virginia law. These cases are primarily found in the Federal Supplement, reporting decisions of United States District Courts, and the Federal Reporter, collecting reported decisions of the United States Courts of Appeals. These reporters are also published by West and use West’s key number system. These reporters are shelved both in the first floor reading room and on the second floor.

Case Finding Tools: West’s Virginia and West Virginia Digest provides references to cases interpreting Virginia and West Virginia law. The digest is organized by West key number, a standardized classification of cases by area of law and sub-topic. The digest’s Table of Cases is especially useful for those looking for a particular case. The digest also contains a multivolume Descriptive Word Index and a Words and Phrases index of judicially-defined terms. It is kept current with annual, cumulative pocket parts and separate quarterly supplements. Copies are shelved both with the official state reports and in the Virginia Reference collection.

Shepard’s Virginia Citations (Virginia Reference) or Shepard’s Southeastern Reporter Citations (shelved after the South Eastern Reporter) can be used to verify whether reported Virginia cases are still good law and to find other cases which may have discussed or interpreted a certain opinion.

Two other valuable case-finding resources are discussed elsewhere in this guide. Michie’s Jurisprudence is an encyclopedia of Virginia and West Virginia law, and is discussed in the Secondary Sources section below. The Code of Virginia provides references to cases interpreting or discussing specific statutes, and is discussed in the following section.


II. Virginia Constitutional and Statutory Law

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/vaonline/li1.htm.



The Law Library contains numerous resources concerning Virginia constitutional law and history. The following are particularly useful:

Commentaries on the Constitution of Virginia (T .H8478c 1974), a two-volume set by University of Virginia Law Professor A.E. Dick Howard, is a comprehensive account of the evolution, interpretation and operation of the current Virginia constitution.

State Constitutional Revision (T .V8178st 1968) is a collection of articles by numerous authors on Virginia constitutional history and the revision process which led to the most recent version of the Virginia Constitution.

Statutory Law: The best source for locating current Virginia statutes is the Code of Virginia 1950 Annotated (Virginia Reference and Reserve). This multivolume publication of Lexis Publishing includes all laws passed by the General Assembly that are currently in effect. These statutes are divided by subject into titles and sections. Code sections are followed by annotations of cases and additional information, including a brief explanation of the legislative history of the original statute and any subsequent amendments, cross-references to related statutes, and references to relevant law review articles. Annual pocket part supplements keep each volume up to date, and supplementary pamphlets called the Advance Code Service keep the code current between annual supplements. The code is accompanied by a two-volume subject index. An unannotated version of the current code is available on the Internet at http://leg1.state.va.us/000/src.htm.

The Acts of the General Assembly (S Virg .14) contains the official language of all Virginia statutes. At the conclusion of each session of the General Assembly, these volumes collect all enacted legislation. The acts are assigned consecutive chapter numbers in the order of passage. The Acts of the General Assembly include indexes to new acts by subject and code provision affected.

Shepard’s Virginia Citations includes a listing of cases and secondary sources that cite or apply each code section. This listing is generally more comprehensive than the references found in the annotated code itself.


III. Virginia Legislative History

Researching the legislative history of Virginia statutes is a far more difficult task than compiling histories of federal legislation. There is no official or comprehensive publication which collects such basic legislative history materials as the text of bills, committee reports, or transcriptions of legislative debates for Virginia legislation. In many cases, it is nearly impossible to compile a complete legislative history of a Virginia statute. The resources described in this section will be of some help in locating what historical information is available about most Virginia statutes. It would also be wise to consult the Virginia Division of Legislative Services Legislative Reference Center’s guide to Virginia legislative history materials at http://dls.state.va.us/lrc/leghist.htm.

The starting point for researching the history of a Virginia statute currently in effect is the Code of Virginia. Each section is followed by parenthetical information about its history. For code provisions enacted or amended since 1950, the note refers the researcher 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. These references allow a researcher to track the past versions or evolving language of a particular statute.

Since 1619, there have been at least twenty collections or codifications of Virginia statutes. Most of these codes were supplemented by updates, revisions, and appendices. These publications can be used to track past versions of current statutes or to find statutes that are no longer in effect. Pre-1950 codes and superseded Code of Virginia 1950 volumes can be found in the library at S Virg .22, near the microforms collection.

The Acts of the General Assembly (S Virg. 14) collects all enactments of the Virginia legislature. This resource can be used to find the original enacting legislation of a statute, as well as to track subsequent changes in the statute. Since 1970, Acts volumes have indicated changes in statutory text through the use of strikeouts and italics.

The House of Delegates Journal (LJ Virg H) and Senate Journal (LJ Virg S) record the daily proceedings of the Virginia General Assembly. These publications collect a summary of the legislature’s daily agenda, voting records, and brief statements of any action taken on motion. Unfortunately, they do not provide much substantive information of use in compiling a legislative history.

State legislation is often enacted in response to reports compiled by state agencies, commissions, legislative committees, or other governmental entities. These reports may propose legislation to deal with a studied issue or suggest changes in existing statutes. Some reports are published separately and can be located through keyword or subject searches in the Law Library’s online catalog.

In addition, the publication House & Senate Documents (PD Virg .G31d, shelved in the basement) collects reports by various commissions and committees made pursuant to legislative mandates or resolutions. Several volumes are published for each session of the General Assembly. A keyword searchable chronological list of House & Senate Documents can be found at http://leg2.state.va.us/dls/h&sdocs.nsf/.

Another useful legislative research tool can make up for the lack of finding aids in House & Senate Documents. At the close of each legislative session, the General Assembly publishes the Final Cumulative Index of Bills, Joint Resolutions, Resolutions, and Documents (S Virg .12). This includes an index to legislative action by subject, bill numbers, Code sections, and chief patrons. Under the heading “DOCUMENTS” is a list of all House and Senate Documents for that session, arranged by topic. The Cumulative Index also contains a Bill History Report and much additional information of use to a researcher interested in the actions of the General Assembly. The Law Library has copies of the Cumulative Index covering legislative sessions since 1973.

A final resource one researching Virginia legislative history should be familiar with is the Richmond Times-Dispatch. The daily newspaper of the state capital provides extensive coverage of the General Assembly. Although the Law Library only has the most current copies of the Times-Dispatch, issues for recent years can be accessed on Westlaw and Lexis. The University of Virginia’s general library has microfilm copies of this newspaper from 1850 to present.

The library’s reference collection includes bills, joint resolutions, and calendars from the current session of the Virginia General Assembly. Information about the current legislative session can also be obtained through the Internet at http://legis.state.va.us/vaonline/v.htm.



IV. Virginia Administrative Law

A variety of Virginia state agencies, departments, boards, and commissions are empowered by the General Assembly to implement and enforce state law through the promulgation of rules and regulations.

The Virginia Administrative Code (Virginia Reference) is the official compilation of all rules and regulations currently in effect. It is organized by general subject matter into 24 titles and is updated twice a year. Specific regulations can be located using either the code’s comprehensive General Index, individual indexes following each title, or a conversion table providing references from Virginia Register numbers. The administrative code includes historical notes about each regulation’s adoption and amendment, citations to cases and Attorney General opinions interpreting or applying the regulation, cross-references to related statutes and regulations, and references to relevant legal encyclopedia or law review articles. In addition, the Code provides basic information about Virginia agencies, including summaries of their regulatory powers, citations to statutory authority, and addresses and phone numbers. The Virginia Administrative Code is also available on the Internet at http://leg1.state.va.us/000/srr.htm.

The Virginia Register (S Virg. 23), published biweekly since 1984, includes proposed and final state rules and regulations. The Register may be needed for tracking the history of a regulation or updating regulations which have been modified since the administrative code's most recent supplement. Indexes are published quarterly, with a final cumulative index for each volume.

Opinions of the Attorney General: The Attorney General is an elected constitutional officer who serves as Chief Executive Officer of the Commonwealth's Department of Law. 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 Annual Report of the Attorney General of Virginia (AG Virg) is a yearly compilation of these opinions. 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. Recent opinions are available on the Internet at http://www.oag.state.va.us/.

Workers' Compensation Opinions: The Virginia Workers' Compensation Commission is responsible for administering the Virginia Workers' Compensation Act. Decisions of these cases are collected in the volumes of Opinions of the Virginia Workers' Compensation Commission (formerly the Opinions of the Industrial Commission of Virginia) (R 13 Virg .I42). Each volume contains claimant and defendant indexes as well as a subject index-digest to the reported opinions. Irregular cumulative digests to these opinions are also available.


V. Virginia Local Law

Much of the law affecting citizens of the Commonwealth takes the form of ordinances, codes, and policies enacted by the governments of counties, cities, towns, and other local entities. Generally, the Law Library does not maintain copies of local ordinances and codes. Patrons seeking such information are advised to contact either the local government or public library of the region in question. The Virginia Reference collection does have copies of the Code of the City of Charlottesville and the Code of the County of Albemarle. These are published in looseleaf binders, which are kept current with periodic supplements. Both include subject indexes.

VI. Secondary Sources of Virginia Law

Michie's Jurisprudence of Virginia and West Virginia is a legal encyclopedia summarizing the law of Virginia and West Virginia as set forth in cases, statutes, and other sources. The encyclopedia is organized alphabetically by subject. The text provides a summary of the law in a given area, and footnotes refer the researcher to source material. This publication includes a subject index, annotated copies of state and federal court rules, a Words and Phrases index of judicially-defined terms, a table of cases cited in the encyclopedia, and a table of citations to Virginia and West Virginia appellate court decisions which have been affirmed, reversed, overruled or cited. Michie's Jurisprudence is updated with annual pocket part supplements. Copies are shelved in the Virginia Reference section and with the official state reports.

Legal Periodicals: The Law Library’s extensive collection of legal periodicals includes many law reviews and journals associated with Virginia law schools as well as Virginia professional publications. Relevant articles can be located through the use of electronic or print indexes to legal periodicals, such as LegalTrac or the Index to Legal Periodicals and Books.

Virginia Lawyers Weekly, the Commonwealth's weekly legal newspaper, is especially useful for up-to-date coverage of Virginia law. The newspaper includes articles on legal trends and developments, summaries of recent important cases, reports of trial counsel, and professional announcements and advertisements. The current edition of the newspaper is available in the Klaus Reading Room.

Other Sources: The Law Library has a wide range of treatises, commentaries, and other publications covering Virginia law and various related topics. While these resources are far too numerous to be discussed here, the following list is a sample of works found in both the Virginia Reference and reserve collections. Each of these volumes is updated with annual pocket parts:

KFV2975 .B3 1999	Ronald J. Bacigal, Virginia Criminal Procedure, 4th ed.
KFV2494 .B75 1996	Margaret F. Brinig, Virginia Domestic Relations Handbook, 3d ed.
KFV2930 .B74 1997	W. Hamilton Bryson, Bryson on Virginia Civil Procedure, 3d ed.
KFV2961 .C67 1995	John L. Costello, Virginia Criminal Law and Procedure, 2d ed.
KFV2940 .F7 1999	Charles E. Friend, The Law of Evidence in Virginia, 5th ed.
KFV2938 .J64 1995	Craig D. Johnston, Trial Handbook for Virginia Lawyers, 2d ed.
KFV2930 .S57 1998	Kent Sinclair & Leigh B. Middleditch, Jr., Virginia Civil Procedure, 3d ed.
KFV2494 .S94 1997	Peter N. Swisher et al., Virginia Family Law, 2d ed.

The Virginia Reference and reserve collections also have sets of legal forms, including the five-volume set Virginia Forms (KFV2468 .V57 1978) and Virginia Criminal Procedure Forms, 4th ed. (KFV2975 .A65B32 2000); and the reserve collection has sets of jury instructions such as Virginia Model Jury Instructions: Civil (KFV2942.6 .A65 V57 1984) and Virginia Model Jury Instructions: Criminal (KFV2983 .A65 M6). There are also numerous continuing legal education works published by the Virginia Law Foundation and shelved on reserve, in the Virginia Reference collection, or in the third-floor stacks; the best method of identifying these and other texts is a subject or keyword search of VIRGO, the online catalog.