8.01-391 - Copies of originals as evidence.
§ 8.01-391. Copies of originals as evidence.
A. Whenever the original of any official publication or other record has beenfiled in an action or introduced as evidence, the court may order theoriginal to be returned to its custodian, retaining in its stead a copythereof. The court may make any order to prevent the improper use of theoriginal.
B. If any department, division, institution, agency, board, or commission ofthis Commonwealth, of another state or country, or of the United States, orof any political subdivision or agency of the same, acting pursuant to thelaw of the respective jurisdiction or other proper authority, has copied anyrecord made in the performance of its official duties, such copy shall be asadmissible into evidence as the original, whether the original is inexistence or not, provided that such copy is authenticated as a true copyeither by the custodian of said record or by the person to whom saidcustodian reports, if they are different, and is accompanied by a certificatethat such person does in fact have the custody.
C. If any court or clerk's office of a court of this Commonwealth, of anotherstate or country, or of the United States, or of any political subdivision oragency of the same, has copied any record made in the performance of itsofficial duties, such copy shall be admissible into evidence as the original,whether the original is in existence or not, provided that such copy isauthenticated as a true copy by a clerk or deputy clerk of such court.
D. If any business or member of a profession or calling in the regular courseof business or activity has made any record or received or transmitted anydocument, and again in the regular course of business has caused any or allof such record or document to be copied, the copy shall be as admissible inevidence as the original, whether the original exists or not, provided thatsuch copy is satisfactorily identified and authenticated as a true copy by acustodian of such record or by the person to whom said custodian reports, ifthey be different, and is accompanied by a certificate that said person doesin fact have the custody. Copies in the regular course of business shall bedeemed to include reproduction at a later time, if done in good faith andwithout intent to defraud. Copies in the regular course of business shallinclude items such as checks which are regularly copied before transmissionto another person or bank, or records which are acted upon without receipt ofthe original when the original is retained by another party.
The original of which a copy has been made may be destroyed in the regularcourse of business unless its preservation is required by law, or itsvalidity has been questioned.
E. The introduction in an action of a copy under this section neitherprecludes the introduction or admission of the original nor the introductionof a copy or the original in another action.
F. Copy, as used in this section, shall include photographs,microphotographs, photostats, microfilm, microcard, printouts or otherreproductions of electronically stored data, or copies from optical disks,electronically transmitted facsimiles, or any other reproduction of anoriginal from a process which forms a durable medium for its recording,storing, and reproducing.
(Code 1950, §§ 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.)