{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-390.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-390.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-390.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-390.3.html"}],"law_id":81283,"edition_id":1,"section_id":81283,"structure_id":14678,"section_number":"8.01-390.3","catch_line":"Business records as evidence (Subdivision (6) of Supreme Court Rule 2:902 derived in part from this section)","history":"2014, c. 398; 2017, c. 223.","full_text":"A\n\nIn any proceeding where a business record is material and otherwise admissible, authentication of the record and the foundation required by subdivision (6) of Rule 2:803 of the Rules of Supreme Court of Virginia may be laid by (i) witness testimony, (ii) a certification of the authenticity of and foundation for the record made by the custodian of such record or other qualified witness either by affidavit or by declaration pursuant to § 8.01-4.3, or (iii) a combination of witness testimony and a certification.B\n\nThe proponent of a business record shall (i) give written notice to all other parties if a certification under this section will be relied upon in whole or in part in authenticating and laying the foundation for admission of such record and (ii) provide a copy of the record and the certification to all other parties, so that all parties have a fair opportunity to challenge the record and certification. The notice and copy of the record and certification shall be provided no later than 15 days in advance of the trial or hearing, unless an order of the court specifies a different time. Objections shall be made within five days thereafter, unless an order of the court specifies a different time. If any party timely objects to reliance upon the certification, the authentication and foundation required by subdivision (6) of Rule 2:803 of the Rules of Supreme Court of Virginia shall be made by witness testimony unless the objection is withdrawn.C\n\nA certified business record that satisfies the requirements of this section shall be self-authenticating and requires no extrinsic evidence of authenticity.D\n\nA copy of a business record may be offered in lieu of an original upon satisfaction of the requirements of subsection D of § 8.01-391 by witness testimony, a certification, or a combination of testimony and a certification.","order_by":null,"text":{"0":{"id":291321,"text":"In any proceeding where a business record is material and otherwise admissible, authentication of the record and the foundation required by subdivision (6) of Rule 2:803 of the Rules of Supreme Court of Virginia may be laid by (i) witness testimony, (ii) a certification of the authenticity of and foundation for the record made by the custodian of such record or other qualified witness either by affidavit or by declaration pursuant to § 8.01-4.3, or (iii) a combination of witness testimony and a certification.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":291322,"text":"The proponent of a business record shall (i) give written notice to all other parties if a certification under this section will be relied upon in whole or in part in authenticating and laying the foundation for admission of such record and (ii) provide a copy of the record and the certification to all other parties, so that all parties have a fair opportunity to challenge the record and certification. The notice and copy of the record and certification shall be provided no later than 15 days in advance of the trial or hearing, unless an order of the court specifies a different time. Objections shall be made within five days thereafter, unless an order of the court specifies a different time. If any party timely objects to reliance upon the certification, the authentication and foundation required by subdivision (6) of Rule 2:803 of the Rules of Supreme Court of Virginia shall be made by witness testimony unless the objection is withdrawn.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":291323,"text":"A certified business record that satisfies the requirements of this section shall be self-authenticating and requires no extrinsic evidence of authenticity.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":291324,"text":"A copy of a business record may be offered in lieu of an original upon satisfaction of the requirements of subsection D of § 8.01-391 by witness testimony, a certification, or a combination of testimony and a certification.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14678,"edition_id":1,"name":"Laws, Public Records, and Copies of Original Records as Evidence","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12870,"metadata":{},"date_created":"2026-06-26 03:49:16","date_modified":"2026-06-26 03:49:16","permalink":{"id":277377,"object_type":"structure","relational_id":14678,"identifier":"2","token":"8.01\/14\/2","url":"\/8.01\/14\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12870,"edition_id":1,"name":"Evidence","identifier":"14","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":277357,"object_type":"structure","relational_id":12870,"identifier":"14","token":"8.01\/14","url":"\/8.01\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56287,"structure_id":14678,"section_number":"8.01-389","catch_line":"Judicial records as evidence; full faith and credit; recitals in deeds, deeds of trust, and mortgages; \"records\" defined; certification","url":"\/8.01-389\/","token":"8.01\/14\/2\/8.01-389","metadata":false},{"id":61867,"structure_id":14678,"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)","url":"\/8.01-390\/","token":"8.01\/14\/2\/8.01-390","metadata":false},{"id":66355,"structure_id":14678,"section_number":"8.01-390.1","catch_line":"School records as evidence","url":"\/8.01-390.1\/","token":"8.01\/14\/2\/8.01-390.1","metadata":false},{"id":60205,"structure_id":14678,"section_number":"8.01-390.2","catch_line":"Reports by Chief Medical Examiner received as evidence","url":"\/8.01-390.2\/","token":"8.01\/14\/2\/8.01-390.2","metadata":false},{"id":81283,"structure_id":14678,"section_number":"8.01-390.3","catch_line":"Business records as evidence (Subdivision (6) of Supreme Court Rule 2:902 derived in part from this section)","url":"\/8.01-390.3\/","token":"8.01\/14\/2\/8.01-390.3","metadata":false},{"id":71662,"structure_id":14678,"section_number":"8.01-391","catch_line":"Copies of originals as evidence (Subdivision (6) of Supreme Court Rule 2:902 derived in part from subsection D of this section and Supreme Court Rule 2:1005 derived from this section)","url":"\/8.01-391\/","token":"8.01\/14\/2\/8.01-391","metadata":false}],"previous_section":{"id":60205,"structure_id":14678,"section_number":"8.01-390.2","catch_line":"Reports by Chief Medical Examiner received as evidence","url":"\/8.01-390.2\/","token":"8.01\/14\/2\/8.01-390.2","metadata":false},"next_section":{"id":71662,"structure_id":14678,"section_number":"8.01-391","catch_line":"Copies of originals as evidence (Subdivision (6) of Supreme Court Rule 2:902 derived in part from subsection D of this section and Supreme Court Rule 2:1005 derived from this section)","url":"\/8.01-391\/","token":"8.01\/14\/2\/8.01-391","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-390.3\/","history_text":"

This law was first created in 2014. The record of its establishment is cataloged in chapter 398<\/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 2017, chapter 223<\/a>.<\/p>","references":false,"refers_to":[{"id":71662,"section_number":"8.01-391","catch_line":"Copies of originals as evidence (Subdivision (6) of Supreme Court Rule 2:902 derived in part from subsection D of this section and Supreme Court Rule 2:1005 derived from this section)","order_by":null,"url":"\/8.01-391\/"},{"id":59734,"section_number":"8.01-4.3","catch_line":"Unsworn declarations under penalty of perjury; penalty","order_by":null,"url":"\/8.01-4.3\/"}],"permalink":{"id":277395,"object_type":"law","relational_id":81283,"identifier":"8.01-390.3","token":"8.01\/14\/2\/8.01-390.3","url":"\/8.01-390.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-390.3\/","token":"8.01\/14\/2\/8.01-390.3","dublin_core":{"Title":"Business records as evidence (Subdivision (6) of Supreme Court Rule 2:902 derived in part from this section)","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-390.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any proceeding where a business record is material<\/span> and otherwise admissible<\/span>, authentication of the record and the foundation required by subdivision (6) of Rule 2:803 of the Rules of Supreme Court<\/span> of Virginia may be laid by (i) witness<\/span> testimony<\/span>, (ii) a certification of the authenticity of and foundation for the record made by the custodian of such record or other qualified witness<\/span> either by affidavit<\/span> or by declaration pursuant to § 8.01-4.3<\/a>, or (iii) a combination of witness<\/span> testimony<\/span> and a certification. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The proponent of a business record shall (i) give written notice to all other parties if a certification under this section will be relied upon in whole or in part in authenticating and laying the foundation for admission of such record and (ii) provide a copy of the record and the certification to all other parties, so that all parties have a fair opportunity to challenge the record and certification. The notice and copy of the record and certification shall be provided no later than 15 days in advance of the trial<\/span> or hearing<\/span>, unless an order<\/span> of the court<\/span> specifies a different time. Objections shall be made within five days thereafter, unless an order<\/span> of the court<\/span> specifies a different time. If any party<\/span> timely objects<\/span> to reliance upon the certification, the authentication and foundation required by subdivision (6) of Rule 2:803 of the Rules of Supreme Court<\/span> of Virginia shall be made by witness<\/span> testimony<\/span> unless the objection is withdrawn. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A certified business record that satisfies the requirements of this section shall be self-authenticating and requires no extrinsic evidence<\/span> of authenticity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A copy of a business record may be offered in lieu of an original upon satisfaction of the requirements of subsection D of § 8.01-391<\/a> by witness<\/span> testimony<\/span>, a certification, or a combination of testimony<\/span> and a certification. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBUSINESS RECORDS AS EVIDENCE (SUBDIVISION (6) OF SUPREME COURT RULE 2:902\nDERIVED IN PART FROM THIS SECTION) (\u00a7 8.01-390.3)\n\nA. In any proceeding where a business record is material and otherwise\nadmissible, authentication of the record and the foundation required by\nsubdivision (6) of Rule 2:803 of the Rules of Supreme Court of Virginia may be\nlaid by (i) witness testimony, (ii) a certification of the authenticity of and\nfoundation for the record made by the custodian of such record or other\nqualified witness either by affidavit or by declaration pursuant to §\n8.01-4.3, or (iii) a combination of witness testimony and a certification.\n\nB. The proponent of a business record shall (i) give written notice to all other\nparties if a certification under this section will be relied upon in whole or in\npart in authenticating and laying the foundation for admission of such record\nand (ii) provide a copy of the record and the certification to all other\nparties, so that all parties have a fair opportunity to challenge the record and\ncertification. The notice and copy of the record and certification shall be\nprovided no later than 15 days in advance of the trial or hearing, unless an\norder of the court specifies a different time. Objections shall be made within\nfive days thereafter, unless an order of the court specifies a different time.\nIf any party timely objects to reliance upon the certification, the\nauthentication and foundation required by subdivision (6) of Rule 2:803 of the\nRules of Supreme Court of Virginia shall be made by witness testimony unless the\nobjection is withdrawn.\n\nC. A certified business record that satisfies the requirements of this section\nshall be self-authenticating and requires no extrinsic evidence of authenticity.\n\nD. A copy of a business record may be offered in lieu of an original upon\nsatisfaction of the requirements of subsection D of § 8.01-391 by witness\ntestimony, a certification, or a combination of testimony and a certification.\n\nHISTORY: 2014, c. 398; 2017, c. 223.","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}}