{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-391.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-391.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-391.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-391.html"}],"law_id":71662,"edition_id":1,"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)","history":"Code 1950, \u00a7\u00a7 8-266, 8-267, 8-268, 8-278, 8-279, 8-279.1, 8-279.2; 1950, pp. 604, 640; 1954, c. 333; 1968, c. 723; 1972, cc. 441, 549, 645, 786; 1973, c. 177; 1977, cc. 532, 617; 1978, c. 75; 1979, c. 447; 1989, c. 212; 1990, c. 355; 1991, c. 145; 1992, c. 393; 2000, c. 334; 2012, c. 802; 2014, c. 398.","full_text":"A\n\nWhenever the original of any official publication or other record has been filed in an action or introduced as evidence, the court may order the original to be returned to its custodian, retaining in its stead a copy thereof. The court may make any order to prevent the improper use of the original.B\n\nIf any department, division, institution, agency, board, or commission of this Commonwealth, of another state or country, or of the United States, or of any political subdivision or agency of the same, acting pursuant to the law of the respective jurisdiction or other proper authority, has copied any record made in the performance of its official duties, such copy shall be as admissible into evidence as the original, whether the original is in existence or not, provided that such copy is authenticated as a true copy either by the custodian of said record or by the person to whom said custodian reports, if they are different, and is accompanied by a certificate that such person does in fact have the custody.C\n\nIf any court or clerk’s office of a court of this Commonwealth, of another state or country, or of the United States, or of any political subdivision or agency of the same, has copied any record made in the performance of its official duties, such copy shall be admissible into evidence as the original, whether the original is in existence or not, provided that such copy is authenticated as a true copy by a clerk or deputy clerk of such court.D\n\nIf any business or member of a profession or calling in the regular course of business or activity has made any record or received or transmitted any document, and again in the regular course of business has caused any or all of such record or document to be copied, the copy shall be as admissible in evidence as the original, whether the original exists or not, provided that such copy is satisfactorily identified and authenticated as a true copy by a custodian of such record or by the person to whom said custodian reports, if they be different, and is accompanied by a certificate that said person does in fact have the custody. Such identification and authentication may be made through witness testimony or a certificate by affidavit or by declaration pursuant to § 8.01-4.3, or a combination of witness testimony and a certificate. Copies in the regular course of business shall be deemed to include reproduction at a later time, if done in good faith and without intent to defraud. Copies in the regular course of business shall include items such as checks which are regularly copied before transmission to another person or bank, or records which are acted upon without receipt of the original when the original is retained by another party.E\n\nThe original of which a copy has been made may be destroyed unless its preservation is required by law or its validity has been questioned.F\n\nThe introduction in an action of a copy under this section precludes neither the introduction or admission of the original nor the introduction of a copy or the original in another action.G\n\nCopy, as used in this section, shall include photographs, microphotographs, photostats, microfilm, microcard, printouts or other reproductions of electronically stored data, or copies from optical disks, electronically transmitted facsimiles, or any other reproduction of an original from a process which forms a durable medium for its recording, storing, and reproducing.","order_by":null,"text":{"0":{"id":258218,"text":"Whenever the original of any official publication or other record has been filed in an action or introduced as evidence, the court may order the original to be returned to its custodian, retaining in its stead a copy thereof. The court may make any order to prevent the improper use of the original.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":258219,"text":"If any department, division, institution, agency, board, or commission of this Commonwealth, of another state or country, or of the United States, or of any political subdivision or agency of the same, acting pursuant to the law of the respective jurisdiction or other proper authority, has copied any record made in the performance of its official duties, such copy shall be as admissible into evidence as the original, whether the original is in existence or not, provided that such copy is authenticated as a true copy either by the custodian of said record or by the person to whom said custodian reports, if they are different, and is accompanied by a certificate that such person does in fact have the custody.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":258220,"text":"If any court or clerk’s office of a court of this Commonwealth, of another state or country, or of the United States, or of any political subdivision or agency of the same, has copied any record made in the performance of its official duties, such copy shall be admissible into evidence as the original, whether the original is in existence or not, provided that such copy is authenticated as a true copy by a clerk or deputy clerk of such court.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":258221,"text":"If any business or member of a profession or calling in the regular course of business or activity has made any record or received or transmitted any document, and again in the regular course of business has caused any or all of such record or document to be copied, the copy shall be as admissible in evidence as the original, whether the original exists or not, provided that such copy is satisfactorily identified and authenticated as a true copy by a custodian of such record or by the person to whom said custodian reports, if they be different, and is accompanied by a certificate that said person does in fact have the custody. Such identification and authentication may be made through witness testimony or a certificate by affidavit or by declaration pursuant to § 8.01-4.3, or a combination of witness testimony and a certificate. Copies in the regular course of business shall be deemed to include reproduction at a later time, if done in good faith and without intent to defraud. Copies in the regular course of business shall include items such as checks which are regularly copied before transmission to another person or bank, or records which are acted upon without receipt of the original when the original is retained by another party.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":258222,"text":"The original of which a copy has been made may be destroyed unless its preservation is required by law or its validity has been questioned.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":258223,"text":"The introduction in an action of a copy under this section precludes neither the introduction or admission of the original nor the introduction of a copy or the original in another action.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":258224,"text":"Copy, as used in this section, shall include photographs, microphotographs, photostats, microfilm, microcard, printouts or other reproductions of electronically stored data, or copies from optical disks, electronically transmitted facsimiles, or any other reproduction of an original from a process which forms a durable medium for its recording, storing, and reproducing.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-391\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 14 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 1954, chapter 333; in 1968, chapter 723; in 1972, chapters 441, 549, 645, and 786; in 1973, chapter 177; in 1977, chapters 532 and 617; in 1978, chapter 75; in 1979, chapter 447; in 1989, chapter 212; in 1990, chapter 355; in 1991, chapter 145; in 1992, chapter 393; in 2000, chapter 334<\/a>; in 2012, chapter 802<\/a>; in 2014, chapter 398<\/a>.<\/p>","references":[{"id":57017,"section_number":"16.1-69.40","catch_line":"Powers and duties of clerks; civil liability","order_by":null,"url":"\/16.1-69.40\/"},{"id":65481,"section_number":"64.2-1311","catch_line":"Vouchers and statement of assets on hand; direct payments to account; vouchers for IRS payments","order_by":null,"url":"\/64.2-1311\/"},{"id":81283,"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)","order_by":null,"url":"\/8.01-390.3\/"}],"refers_to":[{"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":277399,"object_type":"law","relational_id":71662,"identifier":"8.01-391","token":"8.01\/14\/2\/8.01-391","url":"\/8.01-391\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-391\/","token":"8.01\/14\/2\/8.01-391","dublin_core":{"Title":"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)","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-391","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever the original of any official publication<\/span> or other record has been filed in an action<\/span> or introduced as evidence<\/span>, the court<\/span> may order<\/span> the original to be returned to its custodian, retaining in its stead a copy thereof. The court<\/span> may make any order<\/span> to prevent the improper use of the original. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If any department, division, institution, agency, board, or commission of this Commonwealth, of another state or country, or of the United States, or of any political subdivision or agency of the same, acting pursuant to the law<\/span> of the respective jurisdiction<\/span> or other proper authority, has copied any record made in the performance of its official duties, such copy shall be as admissible<\/span> into evidence<\/span> as the original, whether the original is in existence or not, provided that such copy is authenticated as a true copy either by the custodian of said record or by the person<\/span> to whom said custodian reports, if they are different, and is accompanied by a certificate that such person<\/span> does in fact<\/span> have the custody<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If any court<\/span> or clerk’s office of a court<\/span> of this Commonwealth, of another state or country, or of the United States, or of any political subdivision or agency of the same, has copied any record made in the performance of its official duties, such copy shall be admissible<\/span> into evidence<\/span> as the original, whether the original is in existence or not, provided that such copy is authenticated as a true copy by a clerk or deputy clerk of such court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If any business or member of a profession or calling in the regular course of business or activity has made any record or received or transmitted any document, and again in the regular course of business has caused any or all of such record or document to be copied, the copy shall be as admissible<\/span> in evidence<\/span> as the original, whether the original exists or not, provided that such copy is satisfactorily identified and authenticated as a true copy by a custodian of such record or by the person<\/span> to whom said custodian reports, if they be different, and is accompanied by a certificate that said person<\/span> does in fact<\/span> have the custody<\/span>. Such identification and authentication may be made through witness<\/span> testimony<\/span> or a certificate by affidavit<\/span> or by declaration pursuant to § 8.01-4.3<\/a>, or a combination of witness<\/span> testimony<\/span> and a certificate. Copies in the regular course of business shall be deemed to include reproduction at a later time, if done in good faith and without intent<\/span> to defraud. Copies in the regular course of business shall include items such as checks which are regularly copied before transmission to another person<\/span> or bank, or records which are acted upon without receipt of the original when the original is retained by another party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The original of which a copy has been made may be destroyed unless its preservation is required by law<\/span> or its validity has been questioned. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The introduction in an action<\/span> of a copy under this section precludes neither the introduction or admission of the original nor the introduction of a copy or the original in another action<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Copy, as used in this section, shall include photographs, microphotographs, photostats, microfilm, microcard, printouts or other reproductions of electronically stored data, or copies from optical disks, electronically transmitted facsimiles, or any other reproduction of an original from a process which forms a durable medium for its recording, storing, and reproducing. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOPIES OF ORIGINALS AS EVIDENCE (SUBDIVISION (6) OF SUPREME COURT RULE 2:902\nDERIVED IN PART FROM SUBSECTION D OF THIS SECTION AND SUPREME COURT RULE 2:1005\nDERIVED FROM THIS SECTION) (\u00a7 8.01-391)\n\nA. Whenever the original of any official publication or other record has been\nfiled in an action or introduced as evidence, the court may order the original\nto be returned to its custodian, retaining in its stead a copy thereof. The\ncourt may make any order to prevent the improper use of the original.\n\nB. If any department, division, institution, agency, board, or commission of\nthis Commonwealth, of another state or country, or of the United States, or of\nany political subdivision or agency of the same, acting pursuant to the law of\nthe respective jurisdiction or other proper authority, has copied any record\nmade in the performance of its official duties, such copy shall be as admissible\ninto evidence as the original, whether the original is in existence or not,\nprovided that such copy is authenticated as a true copy either by the custodian\nof said record or by the person to whom said custodian reports, if they are\ndifferent, and is accompanied by a certificate that such person does in fact\nhave the custody.\n\nC. If any court or clerk’s office of a court of this Commonwealth, of\nanother state or country, or of the United States, or of any political\nsubdivision or agency of the same, has copied any record made in the performance\nof its official duties, such copy shall be admissible into evidence as the\noriginal, whether the original is in existence or not, provided that such copy\nis authenticated as a true copy by a clerk or deputy clerk of such court.\n\nD. If any business or member of a profession or calling in the regular course of\nbusiness or activity has made any record or received or transmitted any\ndocument, and again in the regular course of business has caused any or all of\nsuch record or document to be copied, the copy shall be as admissible in\nevidence as the original, whether the original exists or not, provided that such\ncopy is satisfactorily identified and authenticated as a true copy by a\ncustodian of such record or by the person to whom said custodian reports, if\nthey be different, and is accompanied by a certificate that said person does in\nfact have the custody. Such identification and authentication may be made\nthrough witness testimony or a certificate by affidavit or by declaration\npursuant to § 8.01-4.3, or a combination of witness testimony and a\ncertificate. Copies in the regular course of business shall be deemed to include\nreproduction at a later time, if done in good faith and without intent to\ndefraud. Copies in the regular course of business shall include items such as\nchecks which are regularly copied before transmission to another person or bank,\nor records which are acted upon without receipt of the original when the\noriginal is retained by another party.\n\nE. The original of which a copy has been made may be destroyed unless its\npreservation is required by law or its validity has been questioned.\n\nF. The introduction in an action of a copy under this section precludes neither\nthe introduction or admission of the original nor the introduction of a copy or\nthe original in another action.\n\nG. Copy, as used in this section, shall include photographs, microphotographs,\nphotostats, microfilm, microcard, printouts or other reproductions of\nelectronically stored data, or copies from optical disks, electronically\ntransmitted facsimiles, or any other reproduction of an original from a process\nwhich forms a durable medium for its recording, storing, and reproducing.\n\nHISTORY: Code 1950, \u00a7\u00a7 8-266, 8-267, 8-268, 8-278, 8-279, 8-279.1, 8-279.2;\n1950, pp. 604, 640; 1954, c. 333; 1968, c. 723; 1972, cc. 441, 549, 645, 786;\n1973, c. 177; 1977, cc. 532, 617; 1978, c. 75; 1979, c. 447; 1989, c. 212; 1990,\nc. 355; 1991, c. 145; 1992, c. 393; 2000, c. 334; 2012, c. 802; 2014, c. 398.","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}}