{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-187.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-187.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-187.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-187.html"}],"law_id":77353,"edition_id":1,"section_id":77353,"structure_id":16023,"section_number":"19.2-187","catch_line":"Admission into evidence of certain certificates of analysis","history":"Code 1950, \u00a7 19.1-106.1; 1974, c. 200; 1975, c. 495; 1976, c. 245; 1983, c. 178; 1984, c. 607; 1988, c. 494; 1990, cc. 737, 825; 1992, c. 56; 1994, cc. 41, 375; 1995, c. 437; 1999, c. 296; 2000, c. 336; 2002, c. 832; 2005, cc. 868, 881; 2006, c. 294; 2009, Sp. Sess. I, cc. 1, 4; 2010, c. 656; 2011, cc. 384, 410, 645; 2014, cc. 328, 674, 719; 2015, cc. 75, 126; 2017, c. 669; 2019, cc. 478, 479.","full_text":"A\n\nIn any hearing or trial of any criminal offense or in any proceeding brought pursuant to Chapter 22.1 (§ 19.2-386.1 et seq.), a certificate of analysis of a person performing an analysis or examination, duly attested by such person, shall be admissible in evidence as evidence of the facts therein stated and the results of the analysis or examination referred to therein, provided that (i) the certificate of analysis is filed with the clerk of the court hearing the case at least seven days prior to the proceeding if the attorney for the Commonwealth intends to offer it into evidence in a preliminary hearing or the accused intends to offer it into evidence in any hearing or trial, or (ii) the requirements of subsection A of § 19.2-187.1 have been satisfied and the accused has not objected to the admission of the certificate pursuant to subsection B of § 19.2-187.1, when any such analysis or examination is performed in any laboratory operated by the Division of Consolidated Laboratory Services or the Department of Forensic Science or authorized by such Department to conduct such analysis or examination, or performed by a person licensed by the Department of Forensic Science pursuant to § 18.2-268.9 or 46.2-341.26:9 to conduct such analysis or examination, or performed by the Federal Bureau of Investigation, the United States Postal Service, the federal Bureau of Alcohol, Tobacco and Firearms, the Naval Criminal Investigative Service, the National Fish and Wildlife Forensics Laboratory, the federal Drug Enforcement Administration, the Forensic Document Laboratory of the U.S. Department of Homeland Security, or the U.S. Secret Service Laboratory. For purposes of this section, any laboratory that has entered into a contract with the Department of Forensic Science for the provision of forensic laboratory services shall be deemed authorized by the Department to conduct such analyses or examinations.B\n\nIn a hearing or trial in which the provisions of subsection A of § 19.2-187.1 do not apply, a copy of such certificate shall be mailed or delivered by the clerk or attorney for the Commonwealth to counsel of record for the accused at no charge at least seven days prior to the hearing or trial upon request made by such counsel to the clerk with notice of the request to the attorney for the Commonwealth. The request to the clerk shall be on a form prescribed by the Supreme Court and filed with the clerk at least 10 days prior to the hearing or trial. In the event that a request for a copy of a certificate is filed with the clerk with respect to a case that is not yet before the court, the clerk shall advise the requester that he must resubmit the request at such time as the case is properly before the court in order for such request to be effective. If, upon proper request made by counsel of record for the accused, a copy of such certificate is not mailed or delivered by the clerk or attorney for the Commonwealth to counsel of record for the accused in a timely manner in accordance with this section, the accused shall be entitled to continue the hearing or trial.C\n\nThe certificate of analysis of any examination conducted by the Department of Forensic Science relating to a controlled substance or marijuana shall be mailed or forwarded by personnel of the Department of Forensic Science to the attorney for the Commonwealth of the jurisdiction where such offense may be heard. The attorney for the Commonwealth shall acknowledge receipt of the certificate on forms provided by the laboratory.\n\t\t\tAny such certificate of analysis purporting to be signed, either by hand or by electronic means, by any such person shall be admissible as evidence in such hearing or trial without any proof of the seal or signature or of the official character of the person whose name is signed to it. The attestation signature of a person performing the analysis or examination may be either hand or electronically signed.D\n\nAny testimony offered by either party in a preliminary hearing or sentencing hearing, or offered by the accused in any hearing other than a trial, from a person who performed an analysis or examination that resulted in a certificate of analysis may be presented by two-way video conferencing. 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.E\n\nFor the purposes of this section and §§ 19.2-187.01, 19.2-187.1, and 19.2-187.2, the term “certificate of analysis” includes reports of analysis and results of laboratory examination.F\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":277436,"text":"In any hearing or trial of any criminal offense or in any proceeding brought pursuant to Chapter 22.1 (§ 19.2-386.1 et seq.), a certificate of analysis of a person performing an analysis or examination, duly attested by such person, shall be admissible in evidence as evidence of the facts therein stated and the results of the analysis or examination referred to therein, provided that (i) the certificate of analysis is filed with the clerk of the court hearing the case at least seven days prior to the proceeding if the attorney for the Commonwealth intends to offer it into evidence in a preliminary hearing or the accused intends to offer it into evidence in any hearing or trial, or (ii) the requirements of subsection A of § 19.2-187.1 have been satisfied and the accused has not objected to the admission of the certificate pursuant to subsection B of § 19.2-187.1, when any such analysis or examination is performed in any laboratory operated by the Division of Consolidated Laboratory Services or the Department of Forensic Science or authorized by such Department to conduct such analysis or examination, or performed by a person licensed by the Department of Forensic Science pursuant to § 18.2-268.9 or 46.2-341.26:9 to conduct such analysis or examination, or performed by the Federal Bureau of Investigation, the United States Postal Service, the federal Bureau of Alcohol, Tobacco and Firearms, the Naval Criminal Investigative Service, the National Fish and Wildlife Forensics Laboratory, the federal Drug Enforcement Administration, the Forensic Document Laboratory of the U.S. Department of Homeland Security, or the U.S. Secret Service Laboratory. For purposes of this section, any laboratory that has entered into a contract with the Department of Forensic Science for the provision of forensic laboratory services shall be deemed authorized by the Department to conduct such analyses or examinations.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":277437,"text":"In a hearing or trial in which the provisions of subsection A of § 19.2-187.1 do not apply, a copy of such certificate shall be mailed or delivered by the clerk or attorney for the Commonwealth to counsel of record for the accused at no charge at least seven days prior to the hearing or trial upon request made by such counsel to the clerk with notice of the request to the attorney for the Commonwealth. The request to the clerk shall be on a form prescribed by the Supreme Court and filed with the clerk at least 10 days prior to the hearing or trial. In the event that a request for a copy of a certificate is filed with the clerk with respect to a case that is not yet before the court, the clerk shall advise the requester that he must resubmit the request at such time as the case is properly before the court in order for such request to be effective. If, upon proper request made by counsel of record for the accused, a copy of such certificate is not mailed or delivered by the clerk or attorney for the Commonwealth to counsel of record for the accused in a timely manner in accordance with this section, the accused shall be entitled to continue the hearing or trial.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":277438,"text":"The certificate of analysis of any examination conducted by the Department of Forensic Science relating to a controlled substance or marijuana shall be mailed or forwarded by personnel of the Department of Forensic Science to the attorney for the Commonwealth of the jurisdiction where such offense may be heard. The attorney for the Commonwealth shall acknowledge receipt of the certificate on forms provided by the laboratory.\n\t\t\tAny such certificate of analysis purporting to be signed, either by hand or by electronic means, by any such person shall be admissible as evidence in such hearing or trial without any proof of the seal or signature or of the official character of the person whose name is signed to it. The attestation signature of a person performing the analysis or examination may be either hand or electronically signed.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":277439,"text":"Any testimony offered by either party in a preliminary hearing or sentencing hearing, or offered by the accused in any hearing other than a trial, from a person who performed an analysis or examination that resulted in a certificate of analysis may be presented by two-way video conferencing. 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":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":277440,"text":"For the purposes of this section and §§ 19.2-187.01, 19.2-187.1, and 19.2-187.2, the term “certificate of analysis” includes reports of analysis and results of laboratory examination.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":277441,"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":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-187\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 21 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 1974, chapter 200; in 1975, chapter 495; in 1976, chapter 245; in 1983, chapter 178; in 1984, chapter 607; in 1988, chapter 494; in 1990, chapters 737 and 825; in 1992, chapter 56; in 1994, chapters 41<\/a> and 375<\/a>; in 1995, chapter 437<\/a>; in 1999, chapter 296<\/a>; in 2000, chapter 336<\/a>; in 2002, chapter 832<\/a>; in 2005, chapters 868<\/a> and 881<\/a>; in 2006, chapter 294<\/a>; in 2010, chapter 656<\/a>; in 2011, chapters 384<\/a>, 410<\/a>, and 645<\/a>; in 2014, chapters 328<\/a>, 674<\/a>, and 719<\/a>; in 2015, chapters 75<\/a> and 126<\/a>; in 2017, chapter 669<\/a>; in 2019, chapters 478<\/a> and 479<\/a>.<\/p>","references":[{"id":76815,"section_number":"19.2-183","catch_line":"Examination of witnesses; assistance of counsel; evidentiary matters and remedies; power to adjourn case","order_by":null,"url":"\/19.2-183\/"},{"id":73680,"section_number":"19.2-187.1","catch_line":"Procedures for notifying accused of certificate of analysis; waiver; continuances","order_by":null,"url":"\/19.2-187.1\/"},{"id":62769,"section_number":"19.2-187.2","catch_line":"Procedure for subpoena duces tecum of analysis evidence","order_by":null,"url":"\/19.2-187.2\/"}],"refers_to":[{"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":77294,"section_number":"19.2-187.01","catch_line":"Certificate of analysis as evidence of chain of custody of material described therein","order_by":null,"url":"\/19.2-187.01\/"},{"id":73680,"section_number":"19.2-187.1","catch_line":"Procedures for notifying accused of certificate of analysis; waiver; continuances","order_by":null,"url":"\/19.2-187.1\/"},{"id":62769,"section_number":"19.2-187.2","catch_line":"Procedure for subpoena duces tecum of analysis evidence","order_by":null,"url":"\/19.2-187.2\/"},{"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\/"},{"id":68052,"section_number":"19.2-386.1","catch_line":"Commencing an action of forfeiture","order_by":null,"url":"\/19.2-386.1\/"},{"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\/"}],"permalink":{"id":168643,"object_type":"law","relational_id":77353,"identifier":"19.2-187","token":"19.2\/12\/19.2-187","url":"\/19.2-187\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-187\/","token":"19.2\/12\/19.2-187","dublin_core":{"Title":"Admission into evidence of certain certificates of analysis","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-187","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any hearing or trial<\/span> of any criminal offense<\/span> or in any proceeding brought pursuant to Chapter 22.1 (§ 19.2-386.1<\/a> et seq.), a certificate of analysis<\/span> of a person performing an analysis or examination, duly attested by such person, shall be admissible<\/span> in evidence<\/span> as evidence<\/span> of the facts<\/span> therein stated and the results of the analysis or examination referred to therein, provided that (i) the certificate of analysis<\/span> is filed with the clerk of the court<\/span> hearing the case at least seven days prior to the proceeding if the attorney for the Commonwealth intends to offer it into evidence<\/span> in a preliminary hearing<\/span> or the accused<\/span> intends to offer it into evidence<\/span> in any hearing or trial<\/span>, or (ii) the requirements of subsection A of § 19.2-187.1<\/a> have been satisfied and the accused<\/span> has not objected to the admission of the certificate pursuant to subsection B of § 19.2-187.1<\/a>, when any such analysis or examination is performed in any laboratory operated by the Division of Consolidated Laboratory Services or the Department of Forensic Science or authorized by such Department to conduct such analysis or examination, or performed by a person licensed by the Department of Forensic Science pursuant to § 18.2-268.9<\/a> or 46.2-341.26:9<\/a> to conduct such analysis or examination, or performed by the Federal Bureau of Investigation, the United States Postal Service, the federal Bureau of Alcohol, Tobacco and Firearms, the Naval Criminal Investigative Service, the National Fish and Wildlife Forensics Laboratory, the federal Drug Enforcement Administration, the Forensic Document Laboratory of the U.S. Department of Homeland Security, or the U.S. Secret Service Laboratory. For purposes of this section, any laboratory that has entered into a contract<\/span> with the Department of Forensic Science for the provision of forensic laboratory services shall be deemed authorized by the Department to conduct such analyses or examinations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In a hearing or trial<\/span> in which the provisions of subsection A of § 19.2-187.1<\/a> do not apply, a copy of such certificate shall be mailed or delivered by the clerk or attorney for the Commonwealth to counsel<\/span> of record for the accused<\/span> at no charge at least seven days prior to the hearing or trial<\/span> upon request made by such counsel<\/span> to the clerk with notice of the request to the attorney for the Commonwealth. The request to the clerk shall be on a form prescribed by the Supreme Court<\/span> and filed with the clerk at least 10 days prior to the hearing or trial<\/span>. In the event that a request for a copy of a certificate is filed with the clerk with respect to a case that is not yet before the court<\/span>, the clerk shall advise the requester that he must resubmit the request at such time as the case is properly before the court<\/span> in order<\/span> for such request to be effective. If, upon proper request made by counsel<\/span> of record for the accused<\/span>, a copy of such certificate is not mailed or delivered by the clerk or attorney for the Commonwealth to counsel<\/span> of record for the accused<\/span> in a timely manner in accordance with this section, the accused<\/span> shall be entitled to continue the hearing or trial<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The certificate of analysis<\/span> of any examination conducted by the Department of Forensic Science relating to a controlled substance or marijuana shall be mailed or forwarded by personnel of the Department of Forensic Science to the attorney for the Commonwealth of the jurisdiction<\/span> where such offense<\/span> may be heard. The attorney for the Commonwealth shall acknowledge receipt of the certificate on forms provided by the laboratory.\n\t\t\tAny such certificate of analysis<\/span> purporting to be signed, either by hand or by electronic means, by any such person shall be admissible<\/span> as evidence<\/span> in such hearing or trial<\/span> without any proof of the seal or signature or of the official character of the person whose name is signed to it. The attestation signature of a person performing the analysis or examination may be either hand or electronically signed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any testimony<\/span> offered by either party<\/span> in a preliminary hearing<\/span> or sentencing hearing, or offered by the accused<\/span> in any hearing other than a trial<\/span>, from a person who performed an analysis or examination that resulted in a certificate of analysis<\/span> may be presented by two-way video conferencing. 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

E.<\/span> For the purposes of this section and §§ 19.2-187.01<\/a>, 19.2-187.1<\/a>, and 19.2-187.2<\/a>, the term “certificate of analysis<\/span>” includes reports of analysis and results of laboratory examination. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/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\nADMISSION INTO EVIDENCE OF CERTAIN CERTIFICATES OF ANALYSIS (\u00a7 19.2-187)\n\nA. In any hearing or trial of any criminal offense or in any proceeding brought\npursuant to Chapter 22.1 (§ 19.2-386.1 et seq.), a certificate of analysis\nof a person performing an analysis or examination, duly attested by such person,\nshall be admissible in evidence as evidence of the facts therein stated and the\nresults of the analysis or examination referred to therein, provided that (i)\nthe certificate of analysis is filed with the clerk of the court hearing the\ncase at least seven days prior to the proceeding if the attorney for the\nCommonwealth intends to offer it into evidence in a preliminary hearing or the\naccused intends to offer it into evidence in any hearing or trial, or (ii) the\nrequirements of subsection A of § 19.2-187.1 have been satisfied and the\naccused has not objected to the admission of the certificate pursuant to\nsubsection B of § 19.2-187.1, when any such analysis or examination is\nperformed in any laboratory operated by the Division of Consolidated Laboratory\nServices or the Department of Forensic Science or authorized by such Department\nto conduct such analysis or examination, or performed by a person licensed by\nthe Department of Forensic Science pursuant to § 18.2-268.9 or\n46.2-341.26:9 to conduct such analysis or examination, or performed by the\nFederal Bureau of Investigation, the United States Postal Service, the federal\nBureau of Alcohol, Tobacco and Firearms, the Naval Criminal Investigative\nService, the National Fish and Wildlife Forensics Laboratory, the federal Drug\nEnforcement Administration, the Forensic Document Laboratory of the U.S.\nDepartment of Homeland Security, or the U.S. Secret Service Laboratory. For\npurposes of this section, any laboratory that has entered into a contract with\nthe Department of Forensic Science for the provision of forensic laboratory\nservices shall be deemed authorized by the Department to conduct such analyses\nor examinations.\n\nB. In a hearing or trial in which the provisions of subsection A of §\n19.2-187.1 do not apply, a copy of such certificate shall be mailed or delivered\nby the clerk or attorney for the Commonwealth to counsel of record for the\naccused at no charge at least seven days prior to the hearing or trial upon\nrequest made by such counsel to the clerk with notice of the request to the\nattorney for the Commonwealth. The request to the clerk shall be on a form\nprescribed by the Supreme Court and filed with the clerk at least 10 days prior\nto the hearing or trial. In the event that a request for a copy of a certificate\nis filed with the clerk with respect to a case that is not yet before the court,\nthe clerk shall advise the requester that he must resubmit the request at such\ntime as the case is properly before the court in order for such request to be\neffective. If, upon proper request made by counsel of record for the accused, a\ncopy of such certificate is not mailed or delivered by the clerk or attorney for\nthe Commonwealth to counsel of record for the accused in a timely manner in\naccordance with this section, the accused shall be entitled to continue the\nhearing or trial.\n\nC. The certificate of analysis of any examination conducted by the Department of\nForensic Science relating to a controlled substance or marijuana shall be mailed\nor forwarded by personnel of the Department of Forensic Science to the attorney\nfor the Commonwealth of the jurisdiction where such offense may be heard. The\nattorney for the Commonwealth shall acknowledge receipt of the certificate on\nforms provided by the laboratory.\n\t\t\tAny such certificate of analysis purporting to be signed, either by hand or\nby electronic means, by any such person shall be admissible as evidence in such\nhearing or trial without any proof of the seal or signature or of the official\ncharacter of the person whose name is signed to it. The attestation signature of\na person performing the analysis or examination may be either hand or\nelectronically signed.\n\nD. Any testimony offered by either party in a preliminary hearing or sentencing\nhearing, or offered by the accused in any hearing other than a trial, from a\nperson who performed an analysis or examination that resulted in a certificate\nof analysis may be presented by two-way video conferencing. The two-way video\ntestimony permitted by this section shall comply with the provisions of\nsubsection B of § 19.2-3.1. In addition, unless otherwise agreed by the\nparties and the court, (i) all orders pertaining to witnesses apply to witnesses\ntestifying by video conferencing; (ii) upon request, all materials read or used\nby the witness during his testimony shall be identified on the video; and (iii)\nany witness testifying by video conferencing shall certify at the conclusion of\nhis testimony, under penalty of perjury, that he did not engage in any\noff-camera communications with any person during his testimony.\n\nE. For the purposes of this section and §§ 19.2-187.01, 19.2-187.1,\nand 19.2-187.2, the term “certificate of analysis” includes reports\nof analysis and results of laboratory examination.\n\nF. 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: Code 1950, \u00a7 19.1-106.1; 1974, c. 200; 1975, c. 495; 1976, c. 245;\n1983, c. 178; 1984, c. 607; 1988, c. 494; 1990, cc. 737, 825; 1992, c. 56; 1994,\ncc. 41, 375; 1995, c. 437; 1999, c. 296; 2000, c. 336; 2002, c. 832; 2005, cc.\n868, 881; 2006, c. 294; 2009, Sp. Sess. I, cc. 1, 4; 2010, c. 656; 2011, cc.\n384, 410, 645; 2014, cc. 328, 674, 719; 2015, cc. 75, 126; 2017, c. 669; 2019,\ncc. 478, 479.","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}}