CODE OF VIRGINIA

ADMISSIBILITY OF AFFIDAVITS BY GOVERNMENT OFFICIALS REGARDING A SEARCH OF
GOVERNMENT RECORDS (SUBDIVISION (10)(B) OF SUPREME COURT RULE 2:803 DERIVED FROM
THIS SECTION) (§ 19.2-188.3)

In any hearing or trial, an affidavit signed by a government official who is
competent to testify, deemed to have custody of an official record, or signed by
his designee, stating that after a diligent search, no record or entry of such
record is found to exist among the records in his custody, is admissible as
evidence that his office has no such record or entry, provided that, if the
hearing or trial is a proceeding other than a preliminary hearing, the
procedures set forth in subsection G of § 18.2-472.1 for admission of an
affidavit have been satisfied, mutatis mutandis, and the accused has not
objected to the admission of the affidavit pursuant to the procedures set forth
in subsection H of § 18.2-472.1, mutatis mutandis. Nothing in this section
shall be construed to affect the admissibility of affidavits in civil cases
under § 8.01-390.

HISTORY: 2010, c. 464; 2011, c. 285.