official records exception (Virginia) · Go Syfert
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official records exception in Virginia

13 Virginia opinions name it 1 courts 1992–2024 2 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
Taylor v. Commonwealthgreen
vactapp · 1998 · cited in 5 Virginia opinions naming this issue, 1999–2024
2 sentences

2023Code § 8.01-389(A) “codifies the official records exception to the hearsay rule,” Taylor v. Commonwealth, 28 Va. App. 1, 12 (1998), and provides that “[t]he records of any judicial proceeding and any other official records of any court of this Commonwealth shall be received as -9- prima facie evidence provided that such records are certified by the clerk of the court where preserved to be a true record.” Here, the court erred in finding that it had authority to consider the complaints under Code § 8.01-389(A).

2003"Code § 8.01-389 'codifies as part of the official records exception to the hearsay rule judicial "records" which are properly authenticated.'" Taylor v. Commonwealth, 28 Va. App. 1, 11 , 502 S.E.2d 113, 117 (1998) (citation omitted).

55
Owens v. Commonwealthgreen
vactapp · 1990 · cited in 3 Virginia opinions naming this issue, 1996–2008
2 sentences

2008In addition, we note that the affidavit falls within the official records exception to the hearsay rule, which is a firmly-established exception to hearsay. 2 Parker v. Commonwealth, 41 Va.App. 643, 654 , 587 S.E.2d 749, 754 (2003). “ ‘The underlying rationale which justifies admitting facts contained in official records as an exception to the hearsay rule is that the concern for reliability is largely obviated because the nature and source of the evidence enhance the prospect of its trustworthiness.’ ” Owens v. Commonwealth, 10 Va.App. 309, 311 , 391 S.E.2d 605, 607 (1990) (quoting Ingram v.

2008In addition, we note that the affidavit falls within the official records exception to the hearsay rule, which is a firmly-established exception to hearsay. 2 Parker v. Commonwealth, 41 Va.App. 643, 654 , 587 S.E.2d 749, 754 (2003). “ ‘The underlying rationale which justifies admitting facts contained in official records as an exception to the hearsay rule is that the concern for reliability is largely obviated because the nature and source of the evidence enhance the prospect of its trustworthiness.’ ” Owens v. Commonwealth, 10 Va.App. 309, 311 , 391 S.E.2d 605, 607 (1990) (quoting Ingram v.

23
Ingram v. Commonwealthgreen
vactapp · 1986 · cited in 2 Virginia opinions naming this issue, 1998–2008
2 sentences

2008In addition, we note that the affidavit falls within the official records exception to the hearsay rule, which is a firmly-established exception to hearsay. 2 Parker v. Commonwealth, 41 Va.App. 643, 654 , 587 S.E.2d 749, 754 (2003). “ ‘The underlying rationale which justifies admitting facts contained in official records as an exception to the hearsay rule is that the concern for reliability is largely obviated because the nature and source of the evidence enhance the prospect of its trustworthiness.’ ” Owens v. Commonwealth, 10 Va.App. 309, 311 , 391 S.E.2d 605, 607 (1990) (quoting Ingram v.

2008In addition, we note that the affidavit falls within the official records exception to the hearsay rule, which is a firmly-established exception to hearsay. 2 Parker v. Commonwealth, 41 Va.App. 643, 654 , 587 S.E.2d 749, 754 (2003). “ ‘The underlying rationale which justifies admitting facts contained in official records as an exception to the hearsay rule is that the concern for reliability is largely obviated because the nature and source of the evidence enhance the prospect of its trustworthiness.’ ” Owens v. Commonwealth, 10 Va.App. 309, 311 , 391 S.E.2d 605, 607 (1990) (quoting Ingram v.

22
Luginbyhl v. Commonwealthgreen
vactapp · 2006 · cited in 1 Virginia opinions naming this issue, 2014–2014
2 sentences

2014See Luginbyhl v. Commonwealth, 48 Va.App. 58, 64 , 628 S.E.2d 74, 77 (2006) (en banc) (holding that as an appellate court, we should "decide[ ] cases 'on the best and narrowest ground available’ ” (quoting Air Courier Conf. v. Am.

2014See Luginbyhl v. Commonwealth, 48 Va.App. 58, 64 , 628 S.E.2d 74, 77 (2006) (en banc) (holding that as an appellate court, we should "decide[ ] cases 'on the best and narrowest ground available’ ” (quoting Air Courier Conf. v. Am.

11
Parker v. Commonwealthgreen
vactapp · 2003 · cited in 1 Virginia opinions naming this issue, 2008–2008
2 sentences

2008In addition, we note that the affidavit falls within the official records exception to the hearsay rule, which is a firmly-established exception to hearsay. 2 Parker v. Commonwealth, 41 Va.App. 643, 654 , 587 S.E.2d 749, 754 (2003). “ ‘The underlying rationale which justifies admitting facts contained in official records as an exception to the hearsay rule is that the concern for reliability is largely obviated because the nature and source of the evidence enhance the prospect of its trustworthiness.’ ” Owens v. Commonwealth, 10 Va.App. 309, 311 , 391 S.E.2d 605, 607 (1990) (quoting Ingram v.

2008In addition, we note that the affidavit falls within the official records exception to the hearsay rule, which is a firmly-established exception to hearsay. 2 Parker v. Commonwealth, 41 Va.App. 643, 654 , 587 S.E.2d 749, 754 (2003). “ ‘The underlying rationale which justifies admitting facts contained in official records as an exception to the hearsay rule is that the concern for reliability is largely obviated because the nature and source of the evidence enhance the prospect of its trustworthiness.’ ” Owens v. Commonwealth, 10 Va.App. 309, 311 , 391 S.E.2d 605, 607 (1990) (quoting Ingram v.

11
Ohio v. Robertsred
scotus · 1980 · cited in 1 Virginia opinions naming this issue, 2003–2003
1 sentence

2003See Ohio v. Roberts, 448 U.S. 56 , 66 n.8 (1980); Chapman v. State, 628 A.2d 676 , 681 n.3 (Md. 1993).

11
Hall v. Commonwealthgreen
vactapp · 1992 · cited in 1 Virginia opinions naming this issue, 2003–2003
2 sentences

2003Hall v. Commonwealth, 15 Va. App. 170, 175 , 421 S.E.2d 887, 891 (1992).

2003Hall v. Commonwealth, 15 Va. App. 170, 175 , 421 S.E.2d 887, 891 (1992).

11
Frank Eddie Dingus v. Commonwealthgreen
vactapp · 1996 · cited in 1 Virginia opinions naming this issue, 1998–1998
2 sentences

1998In the same way that “Code § 8.01-390 has codified, the official written documents exception [to the hearsay rule] recognized in Virginia for documents or copies of documents that are properly authenticated in accordance with its requirements,” Ingram v. Commonwealth, 1 Va.App. 335, 340 , 338 S.E.2d 657, 659 (1986), its companion statute Code § 8.01-389 “codifies as part of the official records exception to the hearsay rule judicial ‘records’ which are properly authenticated.” Dingus v. Commonwealth, 23 Va.App. 382, 392 , 477 S.E.2d 303, 308 (1996) (Coleman, J., concurring in part and dissenti

1998In the same way that “Code § 8.01-390 has codified, the official written documents exception [to the hearsay rule] recognized in Virginia for documents or copies of documents that are properly authenticated in accordance with its requirements,” Ingram v. Commonwealth, 1 Va.App. 335, 340 , 338 S.E.2d 657, 659 (1986), its companion statute Code § 8.01-389 “codifies as part of the official records exception to the hearsay rule judicial ‘records’ which are properly authenticated.” Dingus v. Commonwealth, 23 Va.App. 382, 392 , 477 S.E.2d 303, 308 (1996) (Coleman, J., concurring in part and dissenti

11
West v. Commonwealthgreen
vactapp · 1991 · cited in 1 Virginia opinions naming this issue, 1994–1994
2 sentences

1994See West v. Commonwealth, 12 Va. App. 906, 911 , 407 S.E.2d 22, 25 (1991); see also Hopkins v. Commonwealth, 230 Va. 280, 286 , 337 S.E.2d 264, 268-69 (1985), cert. denied, 475 U.S. 1098 (1986) (holding that erroneously admitted evidence may be harmless when it tends to prove a fact proven by other independently derived evidence).

1994See West v. Commonwealth, 12 Va. App. 906, 911 , 407 S.E.2d 22, 25 (1991); see also Hopkins v. Commonwealth, 230 Va. 280, 286 , 337 S.E.2d 264, 268-69 (1985), cert. denied, 475 U.S. 1098 (1986) (holding that erroneously admitted evidence may be harmless when it tends to prove a fact proven by other independently derived evidence).

11
Hopkins v. Commonwealthgreen
va · 1985 · cited in 1 Virginia opinions naming this issue, 1994–1994
2 sentences

1994See West v. Commonwealth, 12 Va. App. 906, 911 , 407 S.E.2d 22, 25 (1991); see also Hopkins v. Commonwealth, 230 Va. 280, 286 , 337 S.E.2d 264, 268-69 (1985), cert. denied, 475 U.S. 1098 (1986) (holding that erroneously admitted evidence may be harmless when it tends to prove a fact proven by other independently derived evidence).

1994See West v. Commonwealth, 12 Va. App. 906, 911 , 407 S.E.2d 22, 25 (1991); see also Hopkins v. Commonwealth, 230 Va. 280, 286 , 337 S.E.2d 264, 268-69 (1985), cert. denied, 475 U.S. 1098 (1986) (holding that erroneously admitted evidence may be harmless when it tends to prove a fact proven by other independently derived evidence).

11
Merriweather v. United Statesgreen
scotus · 1986 · cited in 1 Virginia opinions naming this issue, 1994–1994
1 sentence

1994See West v. Commonwealth, 12 Va. App. 906, 911 , 407 S.E.2d 22, 25 (1991); see also Hopkins v. Commonwealth, 230 Va. 280, 286 , 337 S.E.2d 264, 268-69 (1985), cert. denied, 475 U.S. 1098 (1986) (holding that erroneously admitted evidence may be harmless when it tends to prove a fact proven by other independently derived evidence).

11
\Automatic\" Sprinkler Corp. of America v. Coley & Petersengreen
· 1979 · cited in 1 Virginia opinions naming this issue, 1992–1992
2 sentences

1992See, e.g., "Automatic" Sprinkler Corp. v. Coley & Petersen, Inc., 219 Va. 781, 792 , 250 S.E.2d 765, 773 (1979); Tickel, 11 Va. App. at 565 , 400 S.E.2d at 538 ; see also Charles E.

1992See, e.g., "Automatic" Sprinkler Corp. v. Coley & Petersen, Inc., 219 Va. 781, 792 , 250 S.E.2d 765, 773 (1979); Tickel, 11 Va. App. at 565 , 400 S.E.2d at 538 ; see also Charles E.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Williams v. Commonwealth green
vactapp · 2001
2 sentences

2014Consequently, the court did not abuse its discretion in admitting the documents into evidence under the official written records exception to the rule against hearsay. 5 The certification in this case is similar to that in Williams, 35 Va.App. 545 , 546 S.E.2d 735 , in which this Court considered whether a certificate of analysis met the official records exception to the rule against hearsay.

2014Consequently, the court did not abuse its discretion in admitting the documents into evidence under the official written records exception to the rule against hearsay. 5 The certification in this case is similar to that in Williams, 35 Va.App. 545 , 546 S.E.2d 735 , in which this Court considered whether a certificate of analysis met the official records exception to the rule against hearsay.

12014–2014
Chapman v. State green
md · 1993
1 sentence

2003See Ohio v. Roberts, 448 U.S. 56 , 66 n.8 (1980); Chapman v. State, 628 A.2d 676 , 681 n.3 (Md. 1993).

12003–2003
Frye v. Commonwealth green
va · 1986
2 sentences

2003The Supreme Court in Frye v. Commonwealth, 231 Va. 370 , 345 S.E.2d 267 (1986), found that an NCIC report was admissible hearsay.

2003The Supreme Court in Frye v. Commonwealth, 231 Va. 370 , 345 S.E.2d 267 (1986), found that an NCIC report was admissible hearsay.

12003–2003
Tickel v. Commonwealth green
vactapp · 1991
2 sentences

1992Id. at 565-68 , 400 S.E.2d at 539-40 ; Code § 8.01-390. 1 In this case, no foundation was laid for admitting either the report or the computer information under the business records exception or the official records exception to the hearsay rule.

1992Id. at 565-68 , 400 S.E.2d at 539-40 ; Code § 8.01-390. 1 In this case, no foundation was laid for admitting either the report or the computer information under the business records exception or the official records exception to the hearsay rule.

11992–1992

Statutes the citing opinions construe

VA § Va. Code Ann. § 8.01-389 (8) VA § Va. Code Ann. § 17.1-413 (7) VA § Va. Code Ann. § 8.01-390 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 48 (1993–2026) VA 13 (1992–2024) OR 10 (1970–2025) PA 6 (2003–2025) IN 5 (1987–2000) MA 3 (1975–2025) AK 3 (1974–2007) DC 2 (1980–2003) WI 2 (1976–2021) WA 2 (1999–1999) CO 2 (1980–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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