CODE OF VIRGINIA

NONJUDICIAL RECORDS AS EVIDENCE (SUBDIVISION (10)(A) OF SUPREME COURT RULE 2:803
DERIVED FROM SUBSECTION C OF THIS SECTION) (§ 8.01-390)

A. Copies of records of this Commonwealth, of another state, of the United
States, of another country, or of any political subdivision or agency of the
same, other than those located in a clerk’s office of a court, shall be
received as prima facie evidence provided that such copies are authenticated to
be true copies either by the custodian thereof or by the person to whom the
custodian reports, if they are different.

B. Records and recordings of 911 emergency service calls shall be deemed
authentic transcriptions or recordings of the original statements if they are
accompanied by a certificate that meets the provisions of subsection A and the
certificate contains the date and time of the incoming call and the incoming
phone number, if available, associated with the call.

C. An affidavit signed by an officer deemed to have custody of such an official
record, or by his deputy, stating that after a diligent search, no record or
entry of such record is found to exist among the records in his office is
admissible as evidence that his office has no such record or entry.

HISTORY: 1977, c. 617; 1996, c. 668; 2000, c. 334; 2014, c. 353.