A. In any proceeding where a business record is material and otherwise admissible, authentication of the record and the foundation required by subdivision (6) of Rule 2:803 of the Rules of Supreme Court of Virginia may be laid by (i) witness testimony, (ii) a certification of the authenticity of and foundation for the record made by the custodian of such record or other qualified witness either by affidavit or by declaration pursuant to § 8.01-4.3, or (iii) a combination of witness testimony and a certification.
B. The proponent of a business record shall (i) give written notice to all other parties if a certification under this section will be relied upon in whole or in part in authenticating and laying the foundation for admission of such record and (ii) provide a copy of the record and the certification to all other parties, so that all parties have a fair opportunity to challenge the record and certification. The notice and copy of the record and certification shall be provided no later than 15 days in advance of the trial or hearing, unless an order of the court specifies a different time. Objections shall be made within five days thereafter, unless an order of the court specifies a different time. If any party timely objects to reliance upon the certification, the authentication and foundation required by subdivision (6) of Rule 2:803 of the Rules of Supreme Court of Virginia shall be made by witness testimony unless the objection is withdrawn.
C. A certified business record that satisfies the requirements of this section shall be self-authenticating and requires no extrinsic evidence of authenticity.
D. A copy of a business record may be offered in lieu of an original upon satisfaction of the requirements of subsection D of § 8.01-391 by witness testimony, a certification, or a combination of testimony and a certification.
2014, c. 398; 2017, c. 223.
Structure Code of Virginia
Title 8.01 - Civil Remedies and Procedure
§ 8.01-386. Judicial notice of laws (Supreme Court Rule 2:202 derived in part from this section)
§ 8.01-387. Notice by courts and officers of signatures of judges and Governor
§ 8.01-390.1. School records as evidence
§ 8.01-390.2. Reports by Chief Medical Examiner received as evidence
§ 8.01-392. When court order book or equivalent is lost or illegible, what matters may be reentered
§ 8.01-394. How contents of any such lost record, etc., proved
§ 8.01-395. Validating certain proceedings under § 8.01-394
§ 8.01-396. No person incompetent to testify by reason of interest, or because a party
§ 8.01-396.1. Competency of witness
§ 8.01-401.2. Chiropractor, nurse practitioner, or physician assistant as expert witness
§ 8.01-401.2:1. Podiatrist as an expert witness
§ 8.01-405. Who may administer oath to witness
§ 8.01-407.1. Identity of persons communicating anonymously over the Internet
§ 8.01-408. Recognizance taken upon continuance of case
§ 8.01-410. Inmates as witnesses in civil actions
§ 8.01-412.2. Authorization of audio-visual deposition; official record; uses
§ 8.01-412.3. Notice of audio-visual deposition
§ 8.01-412.6. Promulgation of rules for standards and guidelines
§ 8.01-412.10. Issuance of subpoena
§ 8.01-412.11. Service of subpoena
§ 8.01-412.12. Deposition, production, and inspection
§ 8.01-412.13. Application to court
§ 8.01-412.14. Uniformity of application and construction; reciprocal privileges
§ 8.01-412.15. Application to pending actions
§ 8.01-413.01. Authenticity and reasonableness of medical bills; presumption
§ 8.01-414. Affidavit prima facie evidence of nonresidence
§ 8.01-415. Affidavit evidence of publication
§ 8.01-416. Affidavit re damages to motor vehicle
§ 8.01-418.2. Evidence of polygraph examination inadmissible in any proceeding
§ 8.01-419. Table of life expectancy
§ 8.01-419.1. Motor vehicle value
§ 8.01-420. Depositions as basis for motion for summary judgment or to strike evidence
§ 8.01-420.1. Abolition of common-law perpetuation of testimony
§ 8.01-420.2. Limitation on use of recorded conversations as evidence
§ 8.01-420.4. Taking of depositions
§ 8.01-420.4:1. Taking of depositions; corporate officers
§ 8.01-420.5. Estoppel effect of judicial determination of employment status
§ 8.01-420.6. Number of witnesses whose depositions may be taken
§ 8.01-420.7. Attorney-client privilege and work product protection; limitations on waiver
§ 8.01-420.8. Protection of confidential information in court files