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.
2010, c. 464; 2011, c. 285.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 12 - Preliminary Hearing
§ 19.2-183.1. Joint preliminary hearings
§ 19.2-185. Testimony may be reduced to writing and subscribed
§ 19.2-186. When accused to be discharged, tried, committed or bailed by judge
§ 19.2-187. Admission into evidence of certain certificates of analysis
§ 19.2-187.01. Certificate of analysis as evidence of chain of custody of material described therein
§ 19.2-187.1. Procedures for notifying accused of certificate of analysis; waiver; continuances
§ 19.2-187.2. Procedure for subpoena duces tecum of analysis evidence
§ 19.2-188. Reports by Chief Medical Examiner received as evidence
§ 19.2-188.1. Testimony regarding identification of controlled substances
§ 19.2-188.2. Certificate of surgeon as evidence
§ 19.2-188.4. Two-way video testimony related to certain forensic medical examinations
§ 19.2-189. Commitment of accused for further examination
§ 19.2-190. To whom, and when, examination and recognizance to be certified
§ 19.2-190.1. Certification of ancillary misdemeanor offenses