{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-187.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-187.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-187.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-187.1.html"}],"law_id":73680,"edition_id":1,"section_id":73680,"structure_id":16023,"section_number":"19.2-187.1","catch_line":"Procedures for notifying accused of certificate of analysis; waiver; continuances","history":"1976, c. 245; 1979, c. 364; 2009, Sp. Sess. I, cc. 1, 4; 2010, cc. 555, 656, 800; 2011, c. 32; 2017, c. 669.","full_text":"A\n\nIn any trial and in any hearing other than a preliminary hearing, in which the attorney for the Commonwealth intends to offer a certificate of analysis into evidence in lieu of testimony pursuant to \u00a7 19.2-187, the attorney for the Commonwealth shall:1\n\nProvide by mail, delivery, or otherwise, a copy of the certificate to counsel of record for the accused, or to the accused if he is proceeding pro se, at no charge, no later than 28 days prior to the hearing or trial;2\n\nProvide simultaneously with the copy of the certificate so provided under subdivision 1 a notice to the accused of his right to object to having the certificate admitted without the person who performed the analysis or examination being present and testifying;\n\t\t\t\t2a. When the attorney for the Commonwealth intends to present such testimony through two-way video conferencing, attach to the copy of the certificate provided under subdivision 1 a notice on a page separate from the notice in subdivision 2 specifying that the person who performed the analysis or examination may testify by two-way video conferencing and that the accused has a right to object to such two-way video testimony; and3\n\nFile a copy of the certificate and notice with the clerk of the court hearing the matter (i) on the day that the certificate and notice are provided to the accused or (ii) in the case of a breath test certificate for a violation of any offense listed in subsection E of § 18.2-270, no later than three business days following the day that the certificate and notice are provided to the accused.B\n\nThe accused may object in writing to admission of the certificate of analysis, in lieu of testimony, as evidence of the facts stated therein and of the results of the analysis or examination. Such objection shall be filed with the court hearing the matter, with a copy to the attorney for the Commonwealth, no more than 14 days after the certificate and notice were filed with the clerk by the attorney for the Commonwealth or the objection shall be deemed waived. If timely objection is made, the certificate shall not be admissible into evidence unless (i) the testimony of the person who performed the analysis or examination is admitted into evidence describing the facts and results of the analysis or examination during the Commonwealth’s case-in-chief at the hearing or trial and that person is present and subject to cross-examination by the accused, (ii) the objection is waived by the accused or his counsel in writing or before the court, or (iii) the parties stipulate before the court to the admissibility of the certificate. If the accused demands, at hearing or trial, the presence of the person who performed the analysis or examination and he is thereafter found guilty of the charge or charges for which he demanded the presence of such witness, $50 for expenses related to the witness’s appearance at hearing or trial shall be charged to the accused as court costs.B1\n\nExcept as provided in subsection D of § 19.2-187, when the attorney for the Commonwealth gives notice to the accused of intent to present testimony by two-way video conferencing, the accused may object in writing to the admission of such testimony and may file an objection as provided in subsection B. The provisions of subsection B shall apply to such objection mutatis mutandis.B2\n\nThe two-way video testimony permitted by this section shall comply with the provisions of subsection B of § 19.2-3.1. In addition, unless otherwise agreed by the parties and the court, (i) all orders pertaining to witnesses apply to witnesses testifying by video conferencing; (ii) upon request, all materials read or used by the witness during his testimony shall be identified on the video; and (iii) any witness testifying by video conferencing shall certify at the conclusion of his testimony, under penalty of perjury, that he did not engage in any off-camera communications with any person during his testimony.C\n\nWhere the person who performed the analysis and examination is not available for hearing or trial and the attorney for the Commonwealth has used due diligence to secure the presence of the person, the court shall order a continuance. Any continuances ordered pursuant to this subsection shall total not more than 90 days if the accused has been held continuously in custody and not more than 180 days if the accused has not been held continuously in custody.D\n\nAny objection by counsel for the accused, or the accused if he is proceeding pro se, to timeliness of the receipt of notice required by subsection A shall be made before hearing or trial upon his receipt of actual notice unless the accused did not receive actual notice prior to hearing or trial. A showing by the Commonwealth that the notice was mailed, delivered, or otherwise provided in compliance with the time requirements of this section shall constitute prima facie evidence that the notice was timely received by the accused. If the court finds upon the accused’s objection made pursuant to this subsection, that he did not receive timely notice pursuant to subsection A, the accused’s objection shall not be deemed waived and if the objection is made prior to hearing or trial, a continuance shall be ordered if requested by either party. Any continuance ordered pursuant to this subsection shall be subject to the time limitations set forth in subsection C.E\n\nNothing in this section shall prohibit the admissibility of a certificate of analysis when the person who performed the analysis and examination testifies at trial or the hearing concerning the facts stated therein and of the results of the analysis or examination.F\n\nThe accused in any hearing or trial in which a certificate of analysis is offered into evidence shall have the right to call the person performing such analysis or examination or involved in the chain of custody as a witness therein, and examine him in the same manner as if he had been called as an adverse witness. Such witness shall be summoned and appear at the cost of the Commonwealth; however, if the accused calls the person performing such analysis or examination as a witness and is found guilty of the charge or charges for which such witness is summoned, $50 for expenses related to that witness’s appearance at hearing or trial shall be charged to the accused as court costs.G\n\nNothing in this section shall be construed as requiring a locality to purchase a two-way electronic video and audio communication system. Any decision to purchase such a system is at the discretion of the locality.","order_by":null,"text":{"0":{"id":264978,"text":"In any trial and in any hearing other than a preliminary hearing, in which the attorney for the Commonwealth intends to offer a certificate of analysis into evidence in lieu of testimony pursuant to \u00a7 19.2-187, the attorney for the Commonwealth shall:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":264979,"text":"Provide by mail, delivery, or otherwise, a copy of the certificate to counsel of record for the accused, or to the accused if he is proceeding pro se, at no charge, no later than 28 days prior to the hearing or trial;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":264980,"text":"Provide simultaneously with the copy of the certificate so provided under subdivision 1 a notice to the accused of his right to object to having the certificate admitted without the person who performed the analysis or examination being present and testifying;\n\t\t\t\t2a. When the attorney for the Commonwealth intends to present such testimony through two-way video conferencing, attach to the copy of the certificate provided under subdivision 1 a notice on a page separate from the notice in subdivision 2 specifying that the person who performed the analysis or examination may testify by two-way video conferencing and that the accused has a right to object to such two-way video testimony; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":264981,"text":"File a copy of the certificate and notice with the clerk of the court hearing the matter (i) on the day that the certificate and notice are provided to the accused or (ii) in the case of a breath test certificate for a violation of any offense listed in subsection E of § 18.2-270, no later than three business days following the day that the certificate and notice are provided to the accused.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":264982,"text":"The accused may object in writing to admission of the certificate of analysis, in lieu of testimony, as evidence of the facts stated therein and of the results of the analysis or examination. Such objection shall be filed with the court hearing the matter, with a copy to the attorney for the Commonwealth, no more than 14 days after the certificate and notice were filed with the clerk by the attorney for the Commonwealth or the objection shall be deemed waived. If timely objection is made, the certificate shall not be admissible into evidence unless (i) the testimony of the person who performed the analysis or examination is admitted into evidence describing the facts and results of the analysis or examination during the Commonwealth’s case-in-chief at the hearing or trial and that person is present and subject to cross-examination by the accused, (ii) the objection is waived by the accused or his counsel in writing or before the court, or (iii) the parties stipulate before the court to the admissibility of the certificate. If the accused demands, at hearing or trial, the presence of the person who performed the analysis or examination and he is thereafter found guilty of the charge or charges for which he demanded the presence of such witness, $50 for expenses related to the witness’s appearance at hearing or trial shall be charged to the accused as court costs.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"B1"},"5":{"id":264983,"text":"Except as provided in subsection D of § 19.2-187, when the attorney for the Commonwealth gives notice to the accused of intent to present testimony by two-way video conferencing, the accused may object in writing to the admission of such testimony and may file an objection as provided in subsection B. The provisions of subsection B shall apply to such objection mutatis mutandis.","type":"section","prefixes":["B1"],"prefix":"B1","entire_prefix":"B1","prefix_anchor":"B1","level":1,"prior_prefix":"B","next_prefix":"B2"},"6":{"id":264984,"text":"The two-way video testimony permitted by this section shall comply with the provisions of subsection B of § 19.2-3.1. In addition, unless otherwise agreed by the parties and the court, (i) all orders pertaining to witnesses apply to witnesses testifying by video conferencing; (ii) upon request, all materials read or used by the witness during his testimony shall be identified on the video; and (iii) any witness testifying by video conferencing shall certify at the conclusion of his testimony, under penalty of perjury, that he did not engage in any off-camera communications with any person during his testimony.","type":"section","prefixes":["B2"],"prefix":"B2","entire_prefix":"B2","prefix_anchor":"B2","level":1,"prior_prefix":"B1","next_prefix":"C"},"7":{"id":264985,"text":"Where the person who performed the analysis and examination is not available for hearing or trial and the attorney for the Commonwealth has used due diligence to secure the presence of the person, the court shall order a continuance. Any continuances ordered pursuant to this subsection shall total not more than 90 days if the accused has been held continuously in custody and not more than 180 days if the accused has not been held continuously in custody.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"8":{"id":264986,"text":"Any objection by counsel for the accused, or the accused if he is proceeding pro se, to timeliness of the receipt of notice required by subsection A shall be made before hearing or trial upon his receipt of actual notice unless the accused did not receive actual notice prior to hearing or trial. A showing by the Commonwealth that the notice was mailed, delivered, or otherwise provided in compliance with the time requirements of this section shall constitute prima facie evidence that the notice was timely received by the accused. If the court finds upon the accused’s objection made pursuant to this subsection, that he did not receive timely notice pursuant to subsection A, the accused’s objection shall not be deemed waived and if the objection is made prior to hearing or trial, a continuance shall be ordered if requested by either party. Any continuance ordered pursuant to this subsection shall be subject to the time limitations set forth in subsection C.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":264987,"text":"Nothing in this section shall prohibit the admissibility of a certificate of analysis when the person who performed the analysis and examination testifies at trial or the hearing concerning the facts stated therein and of the results of the analysis or examination.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":264988,"text":"The accused in any hearing or trial in which a certificate of analysis is offered into evidence shall have the right to call the person performing such analysis or examination or involved in the chain of custody as a witness therein, and examine him in the same manner as if he had been called as an adverse witness. Such witness shall be summoned and appear at the cost of the Commonwealth; however, if the accused calls the person performing such analysis or examination as a witness and is found guilty of the charge or charges for which such witness is summoned, $50 for expenses related to that witness’s appearance at hearing or trial shall be charged to the accused as court costs.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"11":{"id":264989,"text":"Nothing in this section shall be construed as requiring a locality to purchase a two-way electronic video and audio communication system. Any decision to purchase such a system is at the discretion of the locality.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":16023,"edition_id":1,"name":"Preliminary Hearing","identifier":"12","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 04:04:10","date_modified":"2026-06-26 04:04:10","permalink":{"id":168621,"object_type":"structure","relational_id":16023,"identifier":"12","token":"19.2\/12","url":"\/19.2\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76815,"structure_id":16023,"section_number":"19.2-183","catch_line":"Examination of witnesses; assistance of counsel; evidentiary matters and remedies; power to adjourn case","url":"\/19.2-183\/","token":"19.2\/12\/19.2-183","metadata":false},{"id":73768,"structure_id":16023,"section_number":"19.2-183.1","catch_line":"Joint preliminary hearings","url":"\/19.2-183.1\/","token":"19.2\/12\/19.2-183.1","metadata":false},{"id":75822,"structure_id":16023,"section_number":"19.2-184","catch_line":"Witnesses may be separated (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section)","url":"\/19.2-184\/","token":"19.2\/12\/19.2-184","metadata":false},{"id":82925,"structure_id":16023,"section_number":"19.2-185","catch_line":"Testimony may be reduced to writing and subscribed","url":"\/19.2-185\/","token":"19.2\/12\/19.2-185","metadata":false},{"id":79502,"structure_id":16023,"section_number":"19.2-186","catch_line":"When accused to be discharged, tried, committed or bailed by judge","url":"\/19.2-186\/","token":"19.2\/12\/19.2-186","metadata":false},{"id":77353,"structure_id":16023,"section_number":"19.2-187","catch_line":"Admission into evidence of certain certificates of analysis","url":"\/19.2-187\/","token":"19.2\/12\/19.2-187","metadata":false},{"id":77294,"structure_id":16023,"section_number":"19.2-187.01","catch_line":"Certificate of analysis as evidence of chain of custody of material described therein","url":"\/19.2-187.01\/","token":"19.2\/12\/19.2-187.01","metadata":false},{"id":74057,"structure_id":16023,"section_number":"19.2-187.02","catch_line":"Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment","url":"\/19.2-187.02\/","token":"19.2\/12\/19.2-187.02","metadata":false},{"id":73680,"structure_id":16023,"section_number":"19.2-187.1","catch_line":"Procedures for notifying accused of certificate of analysis; waiver; continuances","url":"\/19.2-187.1\/","token":"19.2\/12\/19.2-187.1","metadata":false},{"id":62769,"structure_id":16023,"section_number":"19.2-187.2","catch_line":"Procedure for subpoena duces tecum of analysis evidence","url":"\/19.2-187.2\/","token":"19.2\/12\/19.2-187.2","metadata":false},{"id":84831,"structure_id":16023,"section_number":"19.2-188","catch_line":"Reports by Chief Medical Examiner received as evidence","url":"\/19.2-188\/","token":"19.2\/12\/19.2-188","metadata":false},{"id":67789,"structure_id":16023,"section_number":"19.2-188.1","catch_line":"Testimony regarding identification of controlled substances","url":"\/19.2-188.1\/","token":"19.2\/12\/19.2-188.1","metadata":false},{"id":86564,"structure_id":16023,"section_number":"19.2-188.2","catch_line":"Certificate of surgeon as evidence","url":"\/19.2-188.2\/","token":"19.2\/12\/19.2-188.2","metadata":false},{"id":67819,"structure_id":16023,"section_number":"19.2-188.3","catch_line":"Admissibility of affidavits by government officials regarding a search of government records (Subdivision (10)(b) of Supreme Court Rule 2:803 derived from this section)","url":"\/19.2-188.3\/","token":"19.2\/12\/19.2-188.3","metadata":false},{"id":75982,"structure_id":16023,"section_number":"19.2-188.4","catch_line":"Two-way video testimony related to certain forensic medical examinations","url":"\/19.2-188.4\/","token":"19.2\/12\/19.2-188.4","metadata":false},{"id":75244,"structure_id":16023,"section_number":"19.2-189","catch_line":"Commitment of accused for further examination","url":"\/19.2-189\/","token":"19.2\/12\/19.2-189","metadata":false},{"id":81953,"structure_id":16023,"section_number":"19.2-190","catch_line":"To whom, and when, examination and recognizance to be certified","url":"\/19.2-190\/","token":"19.2\/12\/19.2-190","metadata":false},{"id":64672,"structure_id":16023,"section_number":"19.2-190.1","catch_line":"Certification of ancillary misdemeanor offenses","url":"\/19.2-190.1\/","token":"19.2\/12\/19.2-190.1","metadata":false},{"id":77289,"structure_id":16023,"section_number":"19.2-190.2","catch_line":"Withdrawal of privately retained counsel","url":"\/19.2-190.2\/","token":"19.2\/12\/19.2-190.2","metadata":false}],"previous_section":{"id":74057,"structure_id":16023,"section_number":"19.2-187.02","catch_line":"Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment","url":"\/19.2-187.02\/","token":"19.2\/12\/19.2-187.02","metadata":false},"next_section":{"id":62769,"structure_id":16023,"section_number":"19.2-187.2","catch_line":"Procedure for subpoena duces tecum of analysis evidence","url":"\/19.2-187.2\/","token":"19.2\/12\/19.2-187.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-187.1\/","history_text":"

This law was first created in 1976. The record of its establishment is cataloged in chapter 245 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 1976 \u201cActs\u201d aren\u2019t available online. It has been modified 4 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 1979, chapter 364; in 2010, chapters 555<\/a>, 656<\/a>, and 800<\/a>; in 2011, chapter 32<\/a>; in 2017, chapter 669<\/a>.<\/p>","references":[{"id":59038,"section_number":"17.1-275.5","catch_line":"Amounts to be added; judgment in favor of the Commonwealth","order_by":null,"url":"\/17.1-275.5\/"},{"id":84208,"section_number":"18.2-268.7","catch_line":"Transmission of blood test samples; use as evidence","order_by":null,"url":"\/18.2-268.7\/"},{"id":72188,"section_number":"18.2-268.9","catch_line":"Assurance of breath-test validity; use of breath-test results as evidence","order_by":null,"url":"\/18.2-268.9\/"},{"id":77353,"section_number":"19.2-187","catch_line":"Admission into evidence of certain certificates of analysis","order_by":null,"url":"\/19.2-187\/"},{"id":86564,"section_number":"19.2-188.2","catch_line":"Certificate of surgeon as evidence","order_by":null,"url":"\/19.2-188.2\/"},{"id":57795,"section_number":"19.2-243","catch_line":"Limitation on prosecution of felony due to lapse of time after finding of probable cause; misdemeanors; exceptions","order_by":null,"url":"\/19.2-243\/"},{"id":76404,"section_number":"46.2-341.26:7","catch_line":"Transmission of samples","order_by":null,"url":"\/46.2-341.26_7\/"},{"id":84778,"section_number":"46.2-341.26:9","catch_line":"Assurance of breath test validity; use of breath tests as evidence","order_by":null,"url":"\/46.2-341.26_9\/"},{"id":77031,"section_number":"59.1-165","catch_line":"Chemical analysis as evidence","order_by":null,"url":"\/59.1-165\/"}],"refers_to":[{"id":75350,"section_number":"18.2-270","catch_line":"Penalty for driving while intoxicated; subsequent offense; prior conviction","order_by":null,"url":"\/18.2-270\/"},{"id":77353,"section_number":"19.2-187","catch_line":"Admission into evidence of certain certificates of analysis","order_by":null,"url":"\/19.2-187\/"},{"id":84637,"section_number":"19.2-3.1","catch_line":"Personal appearance by two-way electronic video and audio communication; standards","order_by":null,"url":"\/19.2-3.1\/"}],"permalink":{"id":168655,"object_type":"law","relational_id":73680,"identifier":"19.2-187.1","token":"19.2\/12\/19.2-187.1","url":"\/19.2-187.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-187.1\/","token":"19.2\/12\/19.2-187.1","dublin_core":{"Title":"Procedures for notifying accused of certificate of analysis; waiver; continuances","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-187.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any trial<\/span> and in any hearing other than a preliminary hearing<\/span>, in which the attorney for the Commonwealth intends to offer a certificate of analysis into evidence<\/span> in lieu of testimony<\/span> pursuant to \u00a7 19.2-187<\/a>, the attorney for the Commonwealth shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Provide by mail, delivery, or otherwise, a copy of the certificate to counsel<\/span> of record for the accused<\/span>, or to the accused<\/span> if he is proceeding pro se<\/span>, at no charge, no later than 28 days prior to the hearing or trial<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Provide simultaneously with the copy of the certificate so provided under subdivision 1 a notice to the accused<\/span> of his right to object<\/span> to having the certificate admitted without the person who performed the analysis or examination being present and testifying;\n\t\t\t\t2a. When the attorney for the Commonwealth intends to present such testimony<\/span> through two-way video conferencing, attach to the copy of the certificate provided under subdivision 1 a notice on a page separate from the notice in subdivision 2 specifying that the person who performed the analysis or examination may testify by two-way video conferencing and that the accused<\/span> has a right to object<\/span> to such two-way video testimony<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> File a copy of the certificate and notice with the clerk of the court<\/span> hearing the matter (i) on the day that the certificate and notice are provided to the accused<\/span> or (ii) in the case of a breath test certificate for a violation of any offense<\/span> listed in subsection E of § 18.2-270<\/a>, no later than three business days following the day that the certificate and notice are provided to the accused<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The accused<\/span> may object<\/span> in writing to admission of the certificate of analysis, in lieu of testimony<\/span>, as evidence<\/span> of the facts<\/span> stated therein and of the results of the analysis or examination. Such objection shall be filed with the court<\/span> hearing the matter, with a copy to the attorney for the Commonwealth, no more than 14 days after the certificate and notice were filed with the clerk by the attorney for the Commonwealth or the objection shall be deemed waived. If timely objection is made, the certificate shall not be admissible<\/span> into evidence<\/span> unless (i) the testimony<\/span> of the person who performed the analysis or examination is admitted into evidence<\/span> describing the facts<\/span> and results of the analysis or examination during the Commonwealth’s case-in-chief at the hearing or trial<\/span> and that person is present and subject to cross-examination by the accused<\/span>, (ii) the objection is waived by the accused<\/span> or his counsel<\/span> in writing or before the court<\/span>, or (iii) the parties stipulate before the court<\/span> to the admissibility of the certificate. If the accused<\/span> demands, at hearing or trial<\/span>, the presence of the person who performed the analysis or examination and he is thereafter found guilty of the charge or charges for which he demanded the presence of such witness<\/span>, $50 for expenses related to the witness<\/span>’s appearance<\/span> at hearing or trial<\/span> shall be charged to the accused<\/span> as court<\/span> costs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B1.<\/span> Except as provided in subsection D of § 19.2-187<\/a>, when the attorney for the Commonwealth gives notice to the accused<\/span> of intent<\/span> to present testimony<\/span> by two-way video conferencing, the accused<\/span> may object<\/span> in writing to the admission of such testimony<\/span> and may file an objection as provided in subsection B. The provisions of subsection B shall apply to such objection mutatis mutandis<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B2.<\/span> The two-way video testimony<\/span> permitted by this section shall comply with the provisions of subsection B of § 19.2-3.1<\/a>. In addition, unless otherwise agreed by the parties and the court<\/span>, (i) all orders<\/span> pertaining to witnesses apply to witnesses testifying by video conferencing; (ii) upon request, all materials<\/span> read or used by the witness<\/span> during his testimony<\/span> shall be identified on the video; and (iii) any witness<\/span> testifying by video conferencing shall certify at the conclusion of his testimony<\/span>, under penalty<\/span> of perjury<\/span>, that he did not engage in any off-camera communications with any person during his testimony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Where the person who performed the analysis and examination is not available for hearing or trial<\/span> and the attorney for the Commonwealth has used due diligence to secure the presence of the person, the court<\/span> shall order<\/span> a continuance<\/span>. Any continuances<\/span> ordered pursuant to this subsection shall total not more than 90 days if the accused<\/span> has been held continuously in custody<\/span> and not more than 180 days if the accused<\/span> has not been held continuously in custody<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any objection by counsel<\/span> for the accused<\/span>, or the accused<\/span> if he is proceeding pro se<\/span>, to timeliness of the receipt of notice required by subsection A shall be made before hearing or trial<\/span> upon his receipt of actual notice unless the accused<\/span> did not receive actual notice prior to hearing or trial<\/span>. A showing by the Commonwealth that the notice was mailed, delivered, or otherwise provided in compliance with the time requirements of this section shall constitute prima facie evidence<\/span> that the notice was timely received by the accused<\/span>. If the court<\/span> finds upon the accused<\/span>’s objection made pursuant to this subsection, that he did not receive timely notice pursuant to subsection A, the accused<\/span>’s objection shall not be deemed waived and if the objection is made prior to hearing or trial<\/span>, a continuance<\/span> shall be ordered if requested by either party<\/span>. Any continuance<\/span> ordered pursuant to this subsection shall be subject to the time limitations set forth in subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in this section shall prohibit the admissibility of a certificate of analysis when the person who performed the analysis and examination testifies at trial<\/span> or the hearing concerning the facts<\/span> stated therein and of the results of the analysis or examination. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The accused<\/span> in any hearing or trial<\/span> in which a certificate of analysis is offered into evidence<\/span> shall have the right to call the person performing such analysis or examination or involved in the chain of custody<\/span> as a witness<\/span> therein, and examine him in the same manner as if he had been called as an adverse witness<\/span>. Such witness<\/span> shall be summoned and appear at the cost of the Commonwealth; however, if the accused<\/span> calls the person performing such analysis or examination as a witness<\/span> and is found guilty of the charge or charges for which such witness<\/span> is summoned, $50 for expenses related to that witness<\/span>’s appearance<\/span> at hearing or trial<\/span> shall be charged to the accused<\/span> as court<\/span> costs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Nothing in this section shall be construed as requiring a locality to purchase a two-way electronic video and audio communication system. Any decision to purchase such a system is at the discretion of the locality. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURES FOR NOTIFYING ACCUSED OF CERTIFICATE OF ANALYSIS; WAIVER;\nCONTINUANCES (\u00a7 19.2-187.1)\n\nA. In any trial and in any hearing other than a preliminary hearing, in which\nthe attorney for the Commonwealth intends to offer a certificate of analysis\ninto evidence in lieu of testimony pursuant to \u00a7 19.2-187, the attorney for the\nCommonwealth shall:\n\n 1. Provide by mail, delivery, or otherwise, a copy of the certificate to\n counsel of record for the accused, or to the accused if he is proceeding pro\n se, at no charge, no later than 28 days prior to the hearing or trial;\n\n 2. Provide simultaneously with the copy of the certificate so provided under\n subdivision 1 a notice to the accused of his right to object to having the\n certificate admitted without the person who performed the analysis or\n examination being present and testifying;\n \t\t\t\t2a. When the attorney for the Commonwealth intends to present such\n testimony through two-way video conferencing, attach to the copy of the\n certificate provided under subdivision 1 a notice on a page separate from the\n notice in subdivision 2 specifying that the person who performed the analysis\n or examination may testify by two-way video conferencing and that the accused\n has a right to object to such two-way video testimony; and\n\n 3. File a copy of the certificate and notice with the clerk of the court\n hearing the matter (i) on the day that the certificate and notice are provided\n to the accused or (ii) in the case of a breath test certificate for a\n violation of any offense listed in subsection E of § 18.2-270, no later\n than three business days following the day that the certificate and notice are\n provided to the accused.\n\nB. The accused may object in writing to admission of the certificate of\nanalysis, in lieu of testimony, as evidence of the facts stated therein and of\nthe results of the analysis or examination. Such objection shall be filed with\nthe court hearing the matter, with a copy to the attorney for the Commonwealth,\nno more than 14 days after the certificate and notice were filed with the clerk\nby the attorney for the Commonwealth or the objection shall be deemed waived. If\ntimely objection is made, the certificate shall not be admissible into evidence\nunless (i) the testimony of the person who performed the analysis or examination\nis admitted into evidence describing the facts and results of the analysis or\nexamination during the Commonwealth’s case-in-chief at the hearing or\ntrial and that person is present and subject to cross-examination by the\naccused, (ii) the objection is waived by the accused or his counsel in writing\nor before the court, or (iii) the parties stipulate before the court to the\nadmissibility of the certificate. If the accused demands, at hearing or trial,\nthe presence of the person who performed the analysis or examination and he is\nthereafter found guilty of the charge or charges for which he demanded the\npresence of such witness, $50 for expenses related to the witness’s\nappearance at hearing or trial shall be charged to the accused as court costs.\n\nB1. Except as provided in subsection D of § 19.2-187, when the attorney for\nthe Commonwealth gives notice to the accused of intent to present testimony by\ntwo-way video conferencing, the accused may object in writing to the admission\nof such testimony and may file an objection as provided in subsection B. The\nprovisions of subsection B shall apply to such objection mutatis mutandis.\n\nB2. The two-way video testimony permitted by this section shall comply with the\nprovisions of subsection B of § 19.2-3.1. In addition, unless otherwise\nagreed by the parties and the court, (i) all orders pertaining to witnesses\napply to witnesses testifying by video conferencing; (ii) upon request, all\nmaterials read or used by the witness during his testimony shall be identified\non the video; and (iii) any witness testifying by video conferencing shall\ncertify at the conclusion of his testimony, under penalty of perjury, that he\ndid not engage in any off-camera communications with any person during his\ntestimony.\n\nC. Where the person who performed the analysis and examination is not available\nfor hearing or trial and the attorney for the Commonwealth has used due\ndiligence to secure the presence of the person, the court shall order a\ncontinuance. Any continuances ordered pursuant to this subsection shall total\nnot more than 90 days if the accused has been held continuously in custody and\nnot more than 180 days if the accused has not been held continuously in custody.\n\nD. Any objection by counsel for the accused, or the accused if he is proceeding\npro se, to timeliness of the receipt of notice required by subsection A shall be\nmade before hearing or trial upon his receipt of actual notice unless the\naccused did not receive actual notice prior to hearing or trial. A showing by\nthe Commonwealth that the notice was mailed, delivered, or otherwise provided in\ncompliance with the time requirements of this section shall constitute prima\nfacie evidence that the notice was timely received by the accused. If the court\nfinds upon the accused’s objection made pursuant to this subsection, that\nhe did not receive timely notice pursuant to subsection A, the accused’s\nobjection shall not be deemed waived and if the objection is made prior to\nhearing or trial, a continuance shall be ordered if requested by either party.\nAny continuance ordered pursuant to this subsection shall be subject to the time\nlimitations set forth in subsection C.\n\nE. Nothing in this section shall prohibit the admissibility of a certificate of\nanalysis when the person who performed the analysis and examination testifies at\ntrial or the hearing concerning the facts stated therein and of the results of\nthe analysis or examination.\n\nF. The accused in any hearing or trial in which a certificate of analysis is\noffered into evidence shall have the right to call the person performing such\nanalysis or examination or involved in the chain of custody as a witness\ntherein, and examine him in the same manner as if he had been called as an\nadverse witness. Such witness shall be summoned and appear at the cost of the\nCommonwealth; however, if the accused calls the person performing such analysis\nor examination as a witness and is found guilty of the charge or charges for\nwhich such witness is summoned, $50 for expenses related to that witness’s\nappearance at hearing or trial shall be charged to the accused as court costs.\n\nG. Nothing in this section shall be construed as requiring a locality to\npurchase a two-way electronic video and audio communication system. Any decision\nto purchase such a system is at the discretion of the locality.\n\nHISTORY: 1976, c. 245; 1979, c. 364; 2009, Sp. Sess. I, cc. 1, 4; 2010, cc. 555,\n656, 800; 2011, c. 32; 2017, c. 669.","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}}