{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-188.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-188.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-188.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-188.3.html"}],"law_id":67819,"edition_id":1,"section_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)","history":"2010, c. 464; 2011, c. 285.","full_text":"In any hearing or trial, an affidavit signed by a government official who is competent to testify, deemed to have custody of an official record, or signed by his designee, stating that after a diligent search, no record or entry of such record is found to exist among the records in his custody, is admissible as evidence that his office has no such record or entry, provided that, if the hearing or trial is a proceeding other than a preliminary hearing, the procedures set forth in subsection G of \u00a7 18.2-472.1 for admission of an affidavit have been satisfied, mutatis mutandis, and the accused has not objected to the admission of the affidavit pursuant to the procedures set forth in subsection H of \u00a7 18.2-472.1, mutatis mutandis. Nothing in this section shall be construed to affect the admissibility of affidavits in civil cases under \u00a7 8.01-390.","order_by":null,"text":{"0":{"id":245632,"text":"In any hearing or trial, an affidavit signed by a government official who is competent to testify, deemed to have custody of an official record, or signed by his designee, stating that after a diligent search, no record or entry of such record is found to exist among the records in his custody, is admissible as evidence that his office has no such record or entry, provided that, if the hearing or trial is a proceeding other than a preliminary hearing, the procedures set forth in subsection G of \u00a7 18.2-472.1 for admission of an affidavit have been satisfied, mutatis mutandis, and the accused has not objected to the admission of the affidavit pursuant to the procedures set forth in subsection H of \u00a7 18.2-472.1, mutatis mutandis. Nothing in this section shall be construed to affect the admissibility of affidavits in civil cases under \u00a7 8.01-390.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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; 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-188.3\/","history_text":"

This law was first created in 2010. The record of its establishment is cataloged in chapter 464<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2011, chapter 285<\/a>.<\/p>","references":false,"refers_to":[{"id":57746,"section_number":"18.2-472.1","catch_line":"Providing false information or failing to provide registration information; penalty; prima facie evidence","order_by":null,"url":"\/18.2-472.1\/"},{"id":61867,"section_number":"8.01-390","catch_line":"Nonjudicial records as evidence (Subdivision (10)(a) of Supreme Court Rule 2:803 derived from subsection C of this section)","order_by":null,"url":"\/8.01-390\/"}],"permalink":{"id":168675,"object_type":"law","relational_id":67819,"identifier":"19.2-188.3","token":"19.2\/12\/19.2-188.3","url":"\/19.2-188.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-188.3\/","token":"19.2\/12\/19.2-188.3","dublin_core":{"Title":"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)","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-188.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In any hearing or trial<\/span>, an affidavit<\/span> signed by a government official who is competent to testify, deemed to have custody<\/span> of an official record, or signed by his designee, stating that after a diligent search, no record or entry of such record is found to exist among the records in his custody<\/span>, is admissible<\/span> as evidence<\/span> that his office has no such record or entry, provided that, if the hearing or trial<\/span> is a proceeding other than a preliminary hearing<\/span>, the procedures set forth in subsection G of \u00a7 18.2-472.1<\/a> for admission of an affidavit<\/span> have been satisfied, mutatis mutandis<\/span>, and the accused<\/span> has not objected to the admission of the affidavit<\/span> pursuant to the procedures set forth in subsection H of \u00a7 18.2-472.1<\/a>, mutatis mutandis<\/span>. Nothing in this section shall be construed to affect the admissibility of affidavits<\/span> in civil cases under \u00a7 8.01-390<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADMISSIBILITY OF AFFIDAVITS BY GOVERNMENT OFFICIALS REGARDING A SEARCH OF\nGOVERNMENT RECORDS (SUBDIVISION (10)(B) OF SUPREME COURT RULE 2:803 DERIVED FROM\nTHIS SECTION) (\u00a7 19.2-188.3)\n\nIn any hearing or trial, an affidavit signed by a government official who is\ncompetent to testify, deemed to have custody of an official record, or signed by\nhis designee, stating that after a diligent search, no record or entry of such\nrecord is found to exist among the records in his custody, is admissible as\nevidence that his office has no such record or entry, provided that, if the\nhearing or trial is a proceeding other than a preliminary hearing, the\nprocedures set forth in subsection G of \u00a7 18.2-472.1 for admission of an\naffidavit have been satisfied, mutatis mutandis, and the accused has not\nobjected to the admission of the affidavit pursuant to the procedures set forth\nin subsection H of \u00a7 18.2-472.1, mutatis mutandis. Nothing in this section\nshall be construed to affect the admissibility of affidavits in civil cases\nunder \u00a7 8.01-390.\n\nHISTORY: 2010, c. 464; 2011, c. 285.","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}}