(a)Purpose and Interpretation. These Rules are intended to provide for the just determination of criminal proceedings. They should be interpreted so as to promote uniformity and simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay. Errors, defects, irregularities or variances that do not affect substantive rights do not constitute reversible error.(b)Definitions. Except as otherwise expressly provided in this Part Three A or unless the context otherwise requires:
(1) “Clerk” includes deputy clerk. (2) “Commonwealth’s attorney” includes assistant or acting Commonwealth’s attorney. (3) “Continuance” includes adjournment or recess.(4) “Indictment” includes presentment and information filed upon presentment. (5) “Magistrate” means a judicial or quasi-judicial officer authorized to issue arrest and search warrants, commit arrested persons to jail or admit them to bail, or conduct preliminary hearings.(6) “Recognizance” means an undertaking, with or without surety or other security, made before a magistrate to perform one or more acts – for example, to appear in court. A recognizance may be written or oral but, if oral, must be evidenced by a memorandum signed by the magistrate.(7) Writings or memoranda under these Rules, and any required signatures or sworn verifications, are valid in the form of electronic files or digital images as provided in Rule 1:17.
Va. Sup. Ct. 3A:2
Amended by Order dated March 1, 2011; effective May 2, 2011; amended by order dated March 1, 2011, effective May 2, 2011; amended by order dated September 3, 2020, effective September 3, 2020; amended by order dated November 23, 2020, effective March 1, 2021.
