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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>59845</law_id><section_number>16.1-245.1</section_number><catch_line>Medical evidence admissible in juvenile and domestic relations district court</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>16.1-245.2</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="16.1">Courts Not of Record</unit><unit label="chapter" level="2" order_by="1" identifier="11">Juvenile and Domestic Relations District Courts</unit><unit label="article" level="3" order_by="1" identifier="3">Jurisdiction and Venue</unit></structure><text>
						<section><p>In any civil case heard in a juvenile and domestic relations district court involving <span class="dictionary">allegations</span> of child abuse or neglect or <span class="dictionary">family abuse</span>, any <span class="dictionary">party</span> may present <span class="dictionary">evidence</span>, by a report from the treating or examining health care provider as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/8.01-581.1/">8.01-581.1</a> or the records of a hospital, medical facility or laboratory at which the treatment, examination or laboratory analysis was performed, or both, as to the extent, nature, and treatment of any physical condition or injury suffered by a person and the examination of the person or the result of the laboratory analysis.
		A medical report shall be admitted if the <span class="dictionary">party</span> intending to present such <span class="dictionary">evidence</span> at <span class="dictionary">trial</span> or <span class="dictionary">hearing</span> gives the opposing <span class="dictionary">party</span> or parties a copy of the <span class="dictionary">evidence</span> and written notice of intention to present it at least 10 days, or in the case of a preliminary removal <span class="dictionary">hearing</span> under &#xA7;&#xA0;<a class="law" title="Preliminary removal order; hearing" href="/16.1-252/">16.1-252</a> or in preliminary protective <span class="dictionary">order</span> <span class="dictionary">hearings</span> under &#xA7;&#xA0;<a class="law" title="Preliminary protective order" href="/16.1-253/">16.1-253</a> or <a class="law" title="Preliminary protective orders in cases of family abuse; confidentiality" href="/16.1-253.1/">16.1-253.1</a> at least 24 hours, prior to the <span class="dictionary">trial</span> or <span class="dictionary">hearing</span> and if attached to such <span class="dictionary">evidence</span> is a sworn statement of the treating or examining health care provider or laboratory analyst who made the report that (i) the information contained therein is true, accurate, and fully describes the nature and extent of the physical condition or injury and (ii) the patient named therein was the person treated or examined by such health care provider; or, in the case of a laboratory analysis, that the information contained therein is true and accurate.
		A hospital or other medical facility record shall be admitted if attached to it is a sworn statement of the custodian thereof that the same is a true and accurate copy of the record of such hospital or other medical facility. If thereafter a <span class="dictionary">party</span> <span class="dictionary">summons</span> the health care provider or custodian making such statement to testify in proper person or by <span class="dictionary">deposition</span> taken de bene esse, <span class="dictionary">the court</span> shall determine which <span class="dictionary">party</span> shall pay the fees and costs for such <span class="dictionary">appearance</span> or <span class="dictionary">depositions</span>, or may apportion the same among the parties in such proportion as the ends of justice may require. If such health care provider or custodian is not subject to <span class="dictionary">subpoena</span> for cross-examination in court or by a <span class="dictionary">deposition</span> de bene esse, then <span class="dictionary">the court</span> shall allow a reasonable opportunity for the <span class="dictionary">party</span> seeking the <span class="dictionary">subpoena</span> for such health care provider or custodian to obtain his <span class="dictionary">testimony</span> as the ends of justice may require.</p></section></text><history>1990, c. 560; 1996, c. 866; 2000, c. 163; 2019, c. 716.</history><metadata></metadata></law>
