                                 CODE OF VIRGINIA

EVIDENCE OF MEDICAL REPORTS, STATEMENTS, OR RECORDS; TESTIMONY OF HEALTH CARE
PROVIDER OR CUSTODIAN OF RECORDS (§ 16.1-88.2)

In a civil suit tried in a general district court or appealed to the circuit
court to recover damages for personal injuries or to resolve any dispute with an
insurance company or health care provider, either party may present evidence as
to the extent, nature, and treatment of the injury, the examination of the
person so injured, and the costs of such treatment and examination by the
following:

1. A report or statement from the treating or examining health care provider as
defined in &#xA7; 8.01-581.1 or a health care provider licensed outside of the
Commonwealth for his treatment of the plaintiff outside of the Commonwealth.
Such report or statement shall be admitted if the party intending to present
such evidence gives the opposing party or parties a copy of such evidence and
written notice of such intention 10 days in advance of trial and if attached to
or contained in such evidence is a sworn declaration of (i) the treating or
examining health care provider that (a) the person named therein was treated or
examined by such health care provider, (b) the information contained in the
report or statement is true and accurate and fully descriptive as to the nature
and extent of the injury, and (c) any statement of costs contained in the report
or statement is true and accurate or (ii) the custodian of such report or
statement that the same is a true and accurate copy of the report or statement;
or

2. The bills as defined in subsection A of &#xA7; 8.01-413.01 or records of a
treating or examining health care provider as defined in &#xA7; 8.01-581.1 or a
health care provider licensed outside of the Commonwealth for its treatment of
the plaintiff outside of the Commonwealth. Such provider&#8217;s records or
bills shall be admitted if (i) the party intending to present evidence by the
use of records or bills gives the opposing party or parties a copy of the
records or bills and written notice of such intention 10 days in advance of
trial and (ii) attached to the records or bills is a sworn declaration of the
custodian thereof that the same is a true and accurate copy of the records or
bills of such provider.
			If, thereafter, the plaintiff or defendant summons the health care provider
or custodian making such statement to testify in proper person or by deposition,
the court shall determine which party shall pay the fee and costs for such
appearance or depositions, or may apportion the same among the parties in such
proportions as the ends of justice may require. If such health care provider or
custodian is not subject to subpoena for cross-examination in court or by a
deposition, then the court shall allow a reasonable opportunity for the party
seeking the subpoena for such health care provider or custodian to obtain his
testimony as the ends of justice may require. The plaintiff may only present
evidence pursuant to this section in circuit court if he has not requested an
amount in excess of the ad damnum in the motion for judgment filed in the
general district court.

HISTORY: 1978, c. 490; 1983, c. 616; 1985, c. 379; 1989, c. 563; 1990, c. 279;
1996, c. 749; 2005, c. 811; 2007, cc. 425, 869; 2013, cc. 78, 145; 2014, cc. 25,
85, 446; 2022, cc. 469, 470.