CODE OF VIRGINIA

ADMISSIBILITY OF EVIDENCE (§ 59.1-491)

(a. In any proceeding, evidence of a record or signature may not be excluded
solely because it is in electronic form.

(b. In determining the evidentiary weight to be given a particular electronic
signature, the trier of fact shall consider whether the electronic signature is:
(i) unique to the signer, (ii) capable of verification, (iii) under the
signer’s sole control, (iv) linked to the record in such a manner that it
can be determined if any data contained in the record was changed subsequent to
the electronic signature being affixed to the record, and (v) created by a
method appropriately reliable for the purpose for which the electronic signature
was used. The trier of fact may consider any other relevant and probative
evidence affecting the authenticity and/or validity of the electronic signature.

HISTORY: 2000, c. 995.