{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-88.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-88.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-88.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-88.2.html"}],"law_id":64597,"edition_id":1,"section_id":64597,"structure_id":13176,"section_number":"16.1-88.2","catch_line":"Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records","history":"1978, c. 490; 1983, c. 616; 1985, c. 379; 1989, c. 563; 1990, c. 279; 1996, c. 749; 2005, c. 811; 2007, cc. 425, 869; 2013, cc. 78, 145; 2014, cc. 25, 85, 446; 2022, cc. 469, 470.","full_text":"In a civil suit tried in a general district court or appealed to the circuit court to recover damages for personal injuries or to resolve any dispute with an insurance company or health care provider, either party may present evidence as to the extent, nature, and treatment of the injury, the examination of the person so injured, and the costs of such treatment and examination by the following:\n\n1\n\nA report or statement from the treating or examining health care provider as defined in § 8.01-581.1 or a health care provider licensed outside of the Commonwealth for his treatment of the plaintiff outside of the Commonwealth. Such report or statement shall be admitted if the party intending to present such evidence gives the opposing party or parties a copy of such evidence and written notice of such intention 10 days in advance of trial and if attached to or contained in such evidence is a sworn declaration of (i) the treating or examining health care provider that (a) the person named therein was treated or examined by such health care provider, (b) the information contained in the report or statement is true and accurate and fully descriptive as to the nature and extent of the injury, and (c) any statement of costs contained in the report or statement is true and accurate or (ii) the custodian of such report or statement that the same is a true and accurate copy of the report or statement; or2\n\nThe bills as defined in subsection A of § 8.01-413.01 or records of a treating or examining health care provider as defined in § 8.01-581.1 or a health care provider licensed outside of the Commonwealth for its treatment of the plaintiff outside of the Commonwealth. Such provider’s records or bills shall be admitted if (i) the party intending to present evidence by the use of records or bills gives the opposing party or parties a copy of the records or bills and written notice of such intention 10 days in advance of trial and (ii) attached to the records or bills is a sworn declaration of the custodian thereof that the same is a true and accurate copy of the records or bills of such provider.\n\t\t\tIf, thereafter, the plaintiff or defendant summons the health care provider or custodian making such statement to testify in proper person or by deposition, the court shall determine which party shall pay the fee and costs for such appearance or depositions, or may apportion the same among the parties in such proportions as the ends of justice may require. If such health care provider or custodian is not subject to subpoena for cross-examination in court or by a deposition, then the court shall allow a reasonable opportunity for the party seeking the subpoena for such health care provider or custodian to obtain his testimony as the ends of justice may require. The plaintiff may only present evidence pursuant to this section in circuit court if he has not requested an amount in excess of the ad damnum in the motion for judgment filed in the general district court.","order_by":null,"text":{"0":{"id":235138,"text":"In a civil suit tried in a general district court or appealed to the circuit court to recover damages for personal injuries or to resolve any dispute with an insurance company or health care provider, either party may present evidence as to the extent, nature, and treatment of the injury, the examination of the person so injured, and the costs of such treatment and examination by the following:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":235139,"text":"A report or statement from the treating or examining health care provider as defined in § 8.01-581.1 or a health care provider licensed outside of the Commonwealth for his treatment of the plaintiff outside of the Commonwealth. Such report or statement shall be admitted if the party intending to present such evidence gives the opposing party or parties a copy of such evidence and written notice of such intention 10 days in advance of trial and if attached to or contained in such evidence is a sworn declaration of (i) the treating or examining health care provider that (a) the person named therein was treated or examined by such health care provider, (b) the information contained in the report or statement is true and accurate and fully descriptive as to the nature and extent of the injury, and (c) any statement of costs contained in the report or statement is true and accurate or (ii) the custodian of such report or statement that the same is a true and accurate copy of the report or statement; or","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":235140,"text":"The bills as defined in subsection A of § 8.01-413.01 or records of a treating or examining health care provider as defined in § 8.01-581.1 or a health care provider licensed outside of the Commonwealth for its treatment of the plaintiff outside of the Commonwealth. Such provider’s records or bills shall be admitted if (i) the party intending to present evidence by the use of records or bills gives the opposing party or parties a copy of the records or bills and written notice of such intention 10 days in advance of trial and (ii) attached to the records or bills is a sworn declaration of the custodian thereof that the same is a true and accurate copy of the records or bills of such provider.\n\t\t\tIf, thereafter, the plaintiff or defendant summons the health care provider or custodian making such statement to testify in proper person or by deposition, the court shall determine which party shall pay the fee and costs for such appearance or depositions, or may apportion the same among the parties in such proportions as the ends of justice may require. If such health care provider or custodian is not subject to subpoena for cross-examination in court or by a deposition, then the court shall allow a reasonable opportunity for the party seeking the subpoena for such health care provider or custodian to obtain his testimony as the ends of justice may require. The plaintiff may only present evidence pursuant to this section in circuit court if he has not requested an amount in excess of the ad damnum in the motion for judgment filed in the general district court.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":13176,"edition_id":1,"name":"Procedure in Civil Cases","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13175,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":162399,"object_type":"structure","relational_id":13176,"identifier":"3","token":"16.1\/6\/3","url":"\/16.1\/6\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13175,"edition_id":1,"name":"Venue, Jurisdiction and Procedure in Civil Matters","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":162373,"object_type":"structure","relational_id":13175,"identifier":"6","token":"16.1\/6","url":"\/16.1\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73499,"structure_id":13176,"section_number":"16.1-100","catch_line":"Additional executions; by whom issued","url":"\/16.1-100\/","token":"16.1\/6\/3\/16.1-100","metadata":false},{"id":86974,"structure_id":13176,"section_number":"16.1-101","catch_line":"Proceedings against officer failing to make or making improper return","url":"\/16.1-101\/","token":"16.1\/6\/3\/16.1-101","metadata":false},{"id":86518,"structure_id":13176,"section_number":"16.1-102","catch_line":"Officers and sureties liable for money collected after return day","url":"\/16.1-102\/","token":"16.1\/6\/3\/16.1-102","metadata":false},{"id":78448,"structure_id":13176,"section_number":"16.1-103","catch_line":"Proceedings by interrogatories","url":"\/16.1-103\/","token":"16.1\/6\/3\/16.1-103","metadata":false},{"id":54194,"structure_id":13176,"section_number":"16.1-104","catch_line":"Repealed","url":"\/16.1-104\/","token":"16.1\/6\/3\/16.1-104","metadata":false},{"id":86498,"structure_id":13176,"section_number":"16.1-105","catch_line":"Attachments","url":"\/16.1-105\/","token":"16.1\/6\/3\/16.1-105","metadata":false},{"id":79702,"structure_id":13176,"section_number":"16.1-106","catch_line":"Appeals from courts not of record in civil cases","url":"\/16.1-106\/","token":"16.1\/6\/3\/16.1-106","metadata":false},{"id":77862,"structure_id":13176,"section_number":"16.1-106.1","catch_line":"Withdrawal of appeal in civil cases","url":"\/16.1-106.1\/","token":"16.1\/6\/3\/16.1-106.1","metadata":false},{"id":55864,"structure_id":13176,"section_number":"16.1-107","catch_line":"Requirements for appeal","url":"\/16.1-107\/","token":"16.1\/6\/3\/16.1-107","metadata":false},{"id":67526,"structure_id":13176,"section_number":"16.1-108","catch_line":"Deposit of money in lieu of bond","url":"\/16.1-108\/","token":"16.1\/6\/3\/16.1-108","metadata":false},{"id":58518,"structure_id":13176,"section_number":"16.1-109","catch_line":"Appellate court may require new or additional security","url":"\/16.1-109\/","token":"16.1\/6\/3\/16.1-109","metadata":false},{"id":71245,"structure_id":13176,"section_number":"16.1-110","catch_line":"Bankruptcy of appellant does not release surety","url":"\/16.1-110\/","token":"16.1\/6\/3\/16.1-110","metadata":false},{"id":78313,"structure_id":13176,"section_number":"16.1-111","catch_line":"Court to which appeal sent","url":"\/16.1-111\/","token":"16.1\/6\/3\/16.1-111","metadata":false},{"id":79859,"structure_id":13176,"section_number":"16.1-112","catch_line":"All papers transmitted to appellate court; further proceedings","url":"\/16.1-112\/","token":"16.1\/6\/3\/16.1-112","metadata":false},{"id":65744,"structure_id":13176,"section_number":"16.1-113","catch_line":"How appeals tried","url":"\/16.1-113\/","token":"16.1\/6\/3\/16.1-113","metadata":false},{"id":85944,"structure_id":13176,"section_number":"16.1-114","catch_line":"Repealed","url":"\/16.1-114\/","token":"16.1\/6\/3\/16.1-114","metadata":false},{"id":56756,"structure_id":13176,"section_number":"16.1-114.1","catch_line":"Principles applicable in trial of appeals; defective or irregular warrants or motions","url":"\/16.1-114.1\/","token":"16.1\/6\/3\/16.1-114.1","metadata":false},{"id":84069,"structure_id":13176,"section_number":"16.1-115","catch_line":"Repealed","url":"\/16.1-115\/","token":"16.1\/6\/3\/16.1-115","metadata":false},{"id":68958,"structure_id":13176,"section_number":"16.1-116","catch_line":"Issuance of executions and abstracts and proceedings by interrogatories after papers returned to circuit court","url":"\/16.1-116\/","token":"16.1\/6\/3\/16.1-116","metadata":false},{"id":54192,"structure_id":13176,"section_number":"16.1-117","catch_line":"When papers in civil cases in certain municipal courts may be destroyed","url":"\/16.1-117\/","token":"16.1\/6\/3\/16.1-117","metadata":false},{"id":86399,"structure_id":13176,"section_number":"16.1-118","catch_line":"When papers in civil cases returned to courts of record may be destroyed","url":"\/16.1-118\/","token":"16.1\/6\/3\/16.1-118","metadata":false},{"id":78717,"structure_id":13176,"section_number":"16.1-118.1","catch_line":"Destruction of papers in civil cases in certain district courts","url":"\/16.1-118.1\/","token":"16.1\/6\/3\/16.1-118.1","metadata":false},{"id":69715,"structure_id":13176,"section_number":"16.1-79","catch_line":"Actions brought on warrant","url":"\/16.1-79\/","token":"16.1\/6\/3\/16.1-79","metadata":false},{"id":54886,"structure_id":13176,"section_number":"16.1-79.1","catch_line":"Electronic filing of civil cases","url":"\/16.1-79.1\/","token":"16.1\/6\/3\/16.1-79.1","metadata":false},{"id":73585,"structure_id":13176,"section_number":"16.1-80","catch_line":"Service of warrant and return thereof","url":"\/16.1-80\/","token":"16.1\/6\/3\/16.1-80","metadata":false},{"id":68153,"structure_id":13176,"section_number":"16.1-81","catch_line":"Actions brought by motion for judgment","url":"\/16.1-81\/","token":"16.1\/6\/3\/16.1-81","metadata":false},{"id":54713,"structure_id":13176,"section_number":"16.1-81.1","catch_line":"Certain corporations; pro se representation","url":"\/16.1-81.1\/","token":"16.1\/6\/3\/16.1-81.1","metadata":false},{"id":80374,"structure_id":13176,"section_number":"16.1-82","catch_line":"Service of motion; return thereon and delivery to the court; how disposed of","url":"\/16.1-82\/","token":"16.1\/6\/3\/16.1-82","metadata":false},{"id":85267,"structure_id":13176,"section_number":"16.1-83","catch_line":"Consent of parties required for trial within five days of service","url":"\/16.1-83\/","token":"16.1\/6\/3\/16.1-83","metadata":false},{"id":80303,"structure_id":13176,"section_number":"16.1-83.1","catch_line":"Certification of expert witness opinion at time of service of process","url":"\/16.1-83.1\/","token":"16.1\/6\/3\/16.1-83.1","metadata":false},{"id":85207,"structure_id":13176,"section_number":"16.1-84","catch_line":"When action or proceeding not lost; when matured for hearing","url":"\/16.1-84\/","token":"16.1\/6\/3\/16.1-84","metadata":false},{"id":82898,"structure_id":13176,"section_number":"16.1-85","catch_line":"What term \"warrant\" to include","url":"\/16.1-85\/","token":"16.1\/6\/3\/16.1-85","metadata":false},{"id":81746,"structure_id":13176,"section_number":"16.1-86","catch_line":"When action deemed brought","url":"\/16.1-86\/","token":"16.1\/6\/3\/16.1-86","metadata":false},{"id":59297,"structure_id":13176,"section_number":"16.1-86.1","catch_line":"Repealed","url":"\/16.1-86.1\/","token":"16.1\/6\/3\/16.1-86.1","metadata":false},{"id":72640,"structure_id":13176,"section_number":"16.1-87","catch_line":"Repealed","url":"\/16.1-87\/","token":"16.1\/6\/3\/16.1-87","metadata":false},{"id":84650,"structure_id":13176,"section_number":"16.1-88","catch_line":"Procedure when plaintiff sues on sworn claim","url":"\/16.1-88\/","token":"16.1\/6\/3\/16.1-88","metadata":false},{"id":82741,"structure_id":13176,"section_number":"16.1-88.01","catch_line":"Counterclaims","url":"\/16.1-88.01\/","token":"16.1\/6\/3\/16.1-88.01","metadata":false},{"id":76355,"structure_id":13176,"section_number":"16.1-88.02","catch_line":"Cross-claims","url":"\/16.1-88.02\/","token":"16.1\/6\/3\/16.1-88.02","metadata":false},{"id":81566,"structure_id":13176,"section_number":"16.1-88.03","catch_line":"Pleadings and other papers by certain parties not represented by attorneys","url":"\/16.1-88.03\/","token":"16.1\/6\/3\/16.1-88.03","metadata":false},{"id":71230,"structure_id":13176,"section_number":"16.1-88.1","catch_line":"Repealed","url":"\/16.1-88.1\/","token":"16.1\/6\/3\/16.1-88.1","metadata":false},{"id":64597,"structure_id":13176,"section_number":"16.1-88.2","catch_line":"Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records","url":"\/16.1-88.2\/","token":"16.1\/6\/3\/16.1-88.2","metadata":false},{"id":73502,"structure_id":13176,"section_number":"16.1-89","catch_line":"Subpoena duces tecum; attorney-issued subpoena duces tecum","url":"\/16.1-89\/","token":"16.1\/6\/3\/16.1-89","metadata":false},{"id":73564,"structure_id":13176,"section_number":"16.1-90","catch_line":"Recognizance upon continuation of case","url":"\/16.1-90\/","token":"16.1\/6\/3\/16.1-90","metadata":false},{"id":63737,"structure_id":13176,"section_number":"16.1-91","catch_line":"Repealed","url":"\/16.1-91\/","token":"16.1\/6\/3\/16.1-91","metadata":false},{"id":63754,"structure_id":13176,"section_number":"16.1-91.1","catch_line":"Costs to be included in judgment on forthcoming bond","url":"\/16.1-91.1\/","token":"16.1\/6\/3\/16.1-91.1","metadata":false},{"id":57473,"structure_id":13176,"section_number":"16.1-91.2","catch_line":"Judge to keep record of judgment on forthcoming bond; how to endorse execution","url":"\/16.1-91.2\/","token":"16.1\/6\/3\/16.1-91.2","metadata":false},{"id":74408,"structure_id":13176,"section_number":"16.1-92","catch_line":"Repealed","url":"\/16.1-92\/","token":"16.1\/6\/3\/16.1-92","metadata":false},{"id":76601,"structure_id":13176,"section_number":"16.1-93","catch_line":"Principles applicable to trial of cases","url":"\/16.1-93\/","token":"16.1\/6\/3\/16.1-93","metadata":false},{"id":83719,"structure_id":13176,"section_number":"16.1-93.1","catch_line":"Use of telephonic communication systems or electronic video and audio communication systems to conduct hearing","url":"\/16.1-93.1\/","token":"16.1\/6\/3\/16.1-93.1","metadata":false},{"id":64532,"structure_id":13176,"section_number":"16.1-94","catch_line":"Judgment to be noted on papers; formal orders may be entered","url":"\/16.1-94\/","token":"16.1\/6\/3\/16.1-94","metadata":false},{"id":77917,"structure_id":13176,"section_number":"16.1-94.01","catch_line":"When and how satisfaction entered on judgment","url":"\/16.1-94.01\/","token":"16.1\/6\/3\/16.1-94.01","metadata":false},{"id":86540,"structure_id":13176,"section_number":"16.1-94.1","catch_line":"Limitations on enforcement of district court judgments","url":"\/16.1-94.1\/","token":"16.1\/6\/3\/16.1-94.1","metadata":false},{"id":74159,"structure_id":13176,"section_number":"16.1-95","catch_line":"Abstract of judgment","url":"\/16.1-95\/","token":"16.1\/6\/3\/16.1-95","metadata":false},{"id":66824,"structure_id":13176,"section_number":"16.1-96","catch_line":"What abstract to contain","url":"\/16.1-96\/","token":"16.1\/6\/3\/16.1-96","metadata":false},{"id":61732,"structure_id":13176,"section_number":"16.1-97","catch_line":"Repealed","url":"\/16.1-97\/","token":"16.1\/6\/3\/16.1-97","metadata":false},{"id":86972,"structure_id":13176,"section_number":"16.1-97.1","catch_line":"When a new trial is granted","url":"\/16.1-97.1\/","token":"16.1\/6\/3\/16.1-97.1","metadata":false},{"id":81712,"structure_id":13176,"section_number":"16.1-98","catch_line":"Fieri facias or writ of possession on judgment","url":"\/16.1-98\/","token":"16.1\/6\/3\/16.1-98","metadata":false},{"id":64144,"structure_id":13176,"section_number":"16.1-99","catch_line":"When and where executions returnable; to whom directed","url":"\/16.1-99\/","token":"16.1\/6\/3\/16.1-99","metadata":false}],"previous_section":{"id":71230,"structure_id":13176,"section_number":"16.1-88.1","catch_line":"Repealed","url":"\/16.1-88.1\/","token":"16.1\/6\/3\/16.1-88.1","metadata":false},"next_section":{"id":73502,"structure_id":13176,"section_number":"16.1-89","catch_line":"Subpoena duces tecum; attorney-issued subpoena duces tecum","url":"\/16.1-89\/","token":"16.1\/6\/3\/16.1-89","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-88.2\/","history_text":"

This law was first created in 1978. The record of its establishment is cataloged in chapter 490 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1978 \u201cActs\u201d aren\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1983, chapter 616; in 1985, chapter 379; in 1989, chapter 563; in 1990, chapter 279; in 1996, chapter 749<\/a>; in 2005, chapter 811<\/a>; in 2007, chapters 425<\/a> and 869<\/a>; in 2013, chapters 78<\/a> and 145<\/a>; in 2014, chapters 25<\/a>, 85<\/a>, and 446<\/a>; in 2022, chapters 469<\/a> and 470<\/a>.<\/p>","references":false,"refers_to":[{"id":62732,"section_number":"8.01-413.01","catch_line":"Authenticity and reasonableness of medical bills; presumption","order_by":null,"url":"\/8.01-413.01\/"},{"id":79489,"section_number":"8.01-581.1","catch_line":"Definitions","order_by":null,"url":"\/8.01-581.1\/"}],"permalink":{"id":162561,"object_type":"law","relational_id":64597,"identifier":"16.1-88.2","token":"16.1\/6\/3\/16.1-88.2","url":"\/16.1-88.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-88.2\/","token":"16.1\/6\/3\/16.1-88.2","dublin_core":{"Title":"Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-88.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In a civil suit tried in a general district court<\/span> or appealed to the circuit<\/span> court<\/span> to recover damages<\/span> for personal injuries or to resolve any dispute with an insurance company or health care provider, either party<\/span> may present evidence<\/span> as to the extent, nature, and treatment of the injury, the examination of the person so injured, and the costs of such treatment and examination by the following:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A report or statement from the treating or examining health care provider as defined in § 8.01-581.1<\/a> or a health care provider licensed outside of the Commonwealth for his treatment of the plaintiff<\/span> outside of the Commonwealth. Such report or statement shall be admitted if the party<\/span> intending to present such evidence<\/span> gives the opposing party<\/span> or parties a copy of such evidence<\/span> and written notice of such intention 10 days in advance of trial<\/span> and if attached to or contained in such evidence<\/span> is a sworn declaration of (i) the treating or examining health care provider that (a) the person named therein was treated or examined by such health care provider, (b) the information contained in the report or statement is true and accurate and fully descriptive as to the nature and extent of the injury, and (c) any statement of costs contained in the report or statement is true and accurate or (ii) the custodian of such report or statement that the same is a true and accurate copy of the report or statement; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The bills as defined in subsection A of § 8.01-413.01<\/a> or records of a treating or examining health care provider as defined in § 8.01-581.1<\/a> or a health care provider licensed outside of the Commonwealth for its treatment of the plaintiff<\/span> outside of the Commonwealth. Such provider’s records or bills shall be admitted if (i) the party<\/span> intending to present evidence<\/span> by the use of records or bills gives the opposing party<\/span> or parties a copy of the records or bills and written notice of such intention 10 days in advance of trial<\/span> and (ii) attached to the records or bills is a sworn declaration of the custodian thereof that the same is a true and accurate copy of the records or bills of such provider.\n\t\t\tIf, thereafter, the plaintiff<\/span> or defendant<\/span> summons<\/span> the health care provider or custodian making such statement to testify in proper person or by deposition<\/span>, the court<\/span> shall determine which party<\/span> shall pay the fee and costs for such appearance<\/span> or depositions<\/span>, or may apportion the same among the parties in such proportions as the ends of justice may require. If such health care provider or custodian is not subject to subpoena<\/span> for cross-examination in court<\/span> or by a deposition<\/span>, then the court<\/span> shall allow a reasonable opportunity for the party<\/span> seeking the subpoena<\/span> for such health care provider or custodian to obtain his testimony<\/span> as the ends of justice may require. The plaintiff<\/span> may only present evidence<\/span> pursuant to this section in circuit<\/span> court<\/span> if he has not requested an amount in excess of the ad damnum in the motion for judgment<\/span> filed in the general district court<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEVIDENCE OF MEDICAL REPORTS, STATEMENTS, OR RECORDS; TESTIMONY OF HEALTH CARE\nPROVIDER OR CUSTODIAN OF RECORDS (\u00a7 16.1-88.2)\n\nIn a civil suit tried in a general district court or appealed to the circuit\ncourt to recover damages for personal injuries or to resolve any dispute with an\ninsurance company or health care provider, either party may present evidence as\nto the extent, nature, and treatment of the injury, the examination of the\nperson so injured, and the costs of such treatment and examination by the\nfollowing:\n\n1. A report or statement from the treating or examining health care provider as\ndefined in § 8.01-581.1 or a health care provider licensed outside of the\nCommonwealth for his treatment of the plaintiff outside of the Commonwealth.\nSuch report or statement shall be admitted if the party intending to present\nsuch evidence gives the opposing party or parties a copy of such evidence and\nwritten notice of such intention 10 days in advance of trial and if attached to\nor contained in such evidence is a sworn declaration of (i) the treating or\nexamining health care provider that (a) the person named therein was treated or\nexamined by such health care provider, (b) the information contained in the\nreport or statement is true and accurate and fully descriptive as to the nature\nand extent of the injury, and (c) any statement of costs contained in the report\nor statement is true and accurate or (ii) the custodian of such report or\nstatement that the same is a true and accurate copy of the report or statement;\nor\n\n2. The bills as defined in subsection A of § 8.01-413.01 or records of a\ntreating or examining health care provider as defined in § 8.01-581.1 or a\nhealth care provider licensed outside of the Commonwealth for its treatment of\nthe plaintiff outside of the Commonwealth. Such provider’s records or\nbills shall be admitted if (i) the party intending to present evidence by the\nuse of records or bills gives the opposing party or parties a copy of the\nrecords or bills and written notice of such intention 10 days in advance of\ntrial and (ii) attached to the records or bills is a sworn declaration of the\ncustodian thereof that the same is a true and accurate copy of the records or\nbills of such provider.\n\t\t\tIf, thereafter, the plaintiff or defendant summons the health care provider\nor custodian making such statement to testify in proper person or by deposition,\nthe court shall determine which party shall pay the fee and costs for such\nappearance or depositions, or may apportion the same among the parties in such\nproportions as the ends of justice may require. If such health care provider or\ncustodian is not subject to subpoena for cross-examination in court or by a\ndeposition, then the court shall allow a reasonable opportunity for the party\nseeking the subpoena for such health care provider or custodian to obtain his\ntestimony as the ends of justice may require. The plaintiff may only present\nevidence pursuant to this section in circuit court if he has not requested an\namount in excess of the ad damnum in the motion for judgment filed in the\ngeneral district court.\n\nHISTORY: 1978, c. 490; 1983, c. 616; 1985, c. 379; 1989, c. 563; 1990, c. 279;\n1996, c. 749; 2005, c. 811; 2007, cc. 425, 869; 2013, cc. 78, 145; 2014, cc. 25,\n85, 446; 2022, cc. 469, 470.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}