                                 CODE OF VIRGINIA

BUSINESS RECORDS AS EVIDENCE (SUBDIVISION (6) OF SUPREME COURT RULE 2:902
DERIVED IN PART FROM THIS SECTION) (§ 8.01-390.3)

A. 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 &#xA7;
8.01-4.3, or (iii) a combination of witness testimony and a certification.

B. 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objection is withdrawn.

C. A certified business record that satisfies the requirements of this section
shall be self-authenticating and requires no extrinsic evidence of authenticity.

D. A copy of a business record may be offered in lieu of an original upon
satisfaction of the requirements of subsection D of &#xA7; 8.01-391 by witness
testimony, a certification, or a combination of testimony and a certification.

HISTORY: 2014, c. 398; 2017, c. 223.