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2023 SESSION
23101592DBe it enacted by the General Assembly of Virginia:
1. That § 8.01-418 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-418. When plea of guilty or nolo contendere, finding of guilt in absentia, or forfeiture in criminal prosecution or traffic case admissible in civil action; proof of such plea, finding, or forfeiture.
Whenever, in any civil action, it is contended that any party
thereto pled guilty or nolo contendere or, was found guilty
in absentia, or suffered a forfeiture in a prosecution for
a criminal offense or traffic infraction which arose out of the same occurrence
upon which the civil action is based, evidence of said plea,
finding, or forfeiture as shown by the records of the
criminal court shall be admissible. Where the records of the court in which
such prosecution was had are silent or ambiguous as to whether or not such plea
or finding was made or
forfeiture occurred, the
court hearing the civil case shall admit such evidence on the question of such
plea, finding, or forfeiture as may
be relevant, and the question of whether such plea
or finding was made or forfeiture suffered shall be a
question for the court to determine.