A. The records of any judicial proceeding and any other official records of any court of this Commonwealth shall be received as prima facie evidence provided that such records are certified by the clerk of the court where preserved to be a true record. For the purposes of this section, judicial proceeding shall include the review of a petition and issuance of a temporary detention order under § 16.1-340.1 or 37.2-809.
A1. The records of any judicial proceeding and any other official record of any court of another state or country, or of the United States, shall be received as prima facie evidence provided that such records are certified by the clerk of the court where preserved to be a true record.
B. Every court of this Commonwealth shall give such records of courts not of this Commonwealth the full faith and credit given to them in the courts of the jurisdiction from whence they come.
B1. In any instance in which a court not of this Commonwealth shall have entered an order of injunction limiting or preventing access by any person to the courts of this Commonwealth without that person having had notice and an opportunity for a hearing prior to the entry of such foreign order, that foreign order is not required to be given full faith and credit in any Virginia court. The Virginia court may, in its discretion, hold a hearing to determine the adequacy of notice and opportunity for hearing in the foreign court.
C. Specifically, recitals of any fact in a deed or deed of trust of record conveying any interest in real property shall be prima facie evidence of that fact.
D. "Records" as used in this article, shall be deemed to include any memorandum, report, paper, data compilation, or other record in any form, or any combination thereof.
E. The use of the term "copy teste," "true copy," or "certified copy" or a substantially similar term on a certification affixed or annexed to a copy of an official record maintained by a clerk of court that bears the signature of the clerk or any deputy clerk, and that has the name of the court where such record is preserved on the document or on the certification, shall be prima facie proof that such record is certified by such clerk to be a true copy of the official record kept in the office of the clerk. Nothing herein shall be construed to require or prevent a clerk from using an official seal or prevent a clerk from using any other acceptable method of certification for a court record.
F. The certification of any record pursuant to this section shall automatically authenticate such record for the purpose of its admission into evidence in any trial, hearing, or proceeding.
Code 1950, §§ 8-271, 8-275, 8-276, 8-276.1; 1977, c. 617; 1980, c. 453; 1995, c. 594; 1996, c. 417; 2008, c. 786; 2010, cc. 778, 825; 2013, c. 263.
Notes of Decisions
Cited in
85
cases (
8 in the last 5 years), 1980–2026 · leading case:
Taylor v. Commonwealth, 502 S.E.2d 113 (Va. Ct. App. 1998).
Taylor v. Commonwealth, 502 S.E.2d 113 (Va. Ct. App. 1998).
· cites it 78× “As such, the date stamp was hearsay because it was an out-of-court statement offered to prove the truth of the matter asserted.”
McMillan v. Com., 671 S.E.2d 396 (Va. 2009).
· cites it 10× “Thus, this Court need not, and does not, consider what effect, if any, Code § 8.”
Seaton v. Commonwealth, 595 S.E.2d 9 (Va. Ct. App. 2004).
· cites it 8× “01-389(A) makes clear that the “records of any judicial proceeding and any other official records of any court of this Commonwealth shall be received as prima facie evidence provided that such records are authenticated and certified by the clerk of the court where preserved to…”
Frank Eddie Dingus v. Commonwealth, 477 S.E.2d 303 (Va. Ct. App. 1996).
· cites it 42× “Code § 8.01-389 provides that a properly authenticated and certified record of a court or judicial proceeding "shall be received as prima facie evidence" of the record.”
Waller v. Com., 685 S.E.2d 48 (Va. 2009).
· cites it 14× “Finally, we take note of the Commonwealth's assertion that whether the six orders in question were admissible into evidence "raises issues regarding the interaction between Virginia Code § 8.01-389 (judicial records exception to the hearsay rule) and Virginia Code § 17.”
Owens v. Commonwealth, 391 S.E.2d 605 (Va. Ct. App. 1990).
· cites it 8× “The statute which deals with the admission of judicial records as evidence is Code § 8.01-389, which provides that “[t]he records of any judicial proceeding and any other official records of any court of this Commonwealth shall be received as prima facie evidence provided that…”
Hall v. Commonwealth, 421 S.E.2d 887 (Va. Ct. App. 1992).
· cites it 16× “wever, that to admit the DMV transcript as proof that he was an habitual offender when that entry was predicated on the improperly authenticated order, or to admit the order itself as part of DMV’s records, effectively permits the Commonwealth to introduce into evidence a court…”
Carroll v. Commonwealth, 396 S.E.2d 137 (Va. Ct. App. 1990).
· cites it 11× “In this appeal, Carroll argues that the May 1984 Craig County order was not authenticated and certified in accordance with Code §8.01-389(A) because there was no indication that Peggy B.”
Bennett v. Commonwealth, 374 S.E.2d 303 (Va. 1988).
· cites it 4× “He argues further that once jurisdiction has been found to exist, the foreign judgment must be given effect, without more. We do not agree that the Full Faith and Credit Clause requires instantaneous acceptance of every authenticated judgment from a sister state.”
Bloodworth v. Ellis, 267 S.E.2d 96 (Va. 1980).
· cites it 4× “Code § 8.01-389. *24 Moreover, “[t]he judgment of a court of general jurisdiction of a sister state duly authenticated is prima facie evidence of the jurisdiction of the court to render it.”
Medici v. Commonwealth, 532 S.E.2d 28 (Va. 2000).
· cites it 4× “” Code § 8.01-389(A1) provides that “[t]he records of any judicial proceeding and any other official record of any court of another state or country, or of the United States, shall be received as prima facie evidence provided that such records are authenticated by the clerk of…”
Dwayne A. Farmer v. Commonwealth of Virginia, 746 S.E.2d 504 (Va. Ct. App. 2013).
· cites it 4× “Instead, a different statute, Code § 8.01-389, states that "[t]he records of any judicial proceeding and any other official records of any court of this Commonwealth shall be received as prima facie evidence provided that such records are authenticated and certified by the clerk…”
— Va. Code Ann. § 8.01-389(1984) — 1 case
— Va. Code Ann. § 8.01-389(A) — 34 cases
Taylor v. Commonwealth, 502 S.E.2d 113 (Va. Ct. App. 1998).
“As such, the date stamp was hearsay because it was an out-of-court statement offered to prove the truth of the matter asserted.”
Seaton v. Commonwealth, 595 S.E.2d 9 (Va. Ct. App. 2004).
“01-389(A) makes clear that the “records of any judicial proceeding and any other official records of any court of this Commonwealth shall be received as prima facie evidence provided that such records are authenticated and certified by the clerk of the court where preserved to…”
Waller v. Com., 685 S.E.2d 48 (Va. 2009).
“Finally, we take note of the Commonwealth's assertion that whether the six orders in question were admissible into evidence "raises issues regarding the interaction between Virginia Code § 8.01-389 (judicial records exception to the hearsay rule) and Virginia Code § 17.”
Carroll v. Commonwealth, 396 S.E.2d 137 (Va. Ct. App. 1990).
“In this appeal, Carroll argues that the May 1984 Craig County order was not authenticated and certified in accordance with Code §8.01-389(A) because there was no indication that Peggy B.”
Hall v. Commonwealth, 421 S.E.2d 887 (Va. Ct. App. 1992).
“wever, that to admit the DMV transcript as proof that he was an habitual offender when that entry was predicated on the improperly authenticated order, or to admit the order itself as part of DMV’s records, effectively permits the Commonwealth to introduce into evidence a court…”
— Va. Code Ann. § 8.01-389(A)(1) — 1 case
— Va. Code Ann. § 8.01-389(A1) — 9 cases
Frank Eddie Dingus v. Commonwealth, 477 S.E.2d 303 (Va. Ct. App. 1996).
“Code § 8.01-389 provides that a properly authenticated and certified record of a court or judicial proceeding "shall be received as prima facie evidence" of the record.”
Medici v. Commonwealth, 532 S.E.2d 28 (Va. 2000).
“” Code § 8.01-389(A1) provides that “[t]he records of any judicial proceeding and any other official record of any court of another state or country, or of the United States, shall be received as prima facie evidence provided that such records are authenticated by the clerk of…”
— Va. Code Ann. § 8.01-389(AI) — 1 case
Frank Eddie Dingus v. Commonwealth, 477 S.E.2d 303 (Va. Ct. App. 1996).
“Code § 8.01-389 provides that a properly authenticated and certified record of a court or judicial proceeding "shall be received as prima facie evidence" of the record.”
— Va. Code Ann. § 8.01-389(B) — 11 cases
Bennett v. Commonwealth, 374 S.E.2d 303 (Va. 1988).
“He argues further that once jurisdiction has been found to exist, the foreign judgment must be given effect, without more. We do not agree that the Full Faith and Credit Clause requires instantaneous acceptance of every authenticated judgment from a sister state.”
— Va. Code Ann. § 8.01-389(C) — 5 cases
— Va. Code Ann. § 8.01-389(D) — 4 cases
— Va. Code Ann. § 8.01-389(E) — 2 cases
— Va. Code Ann. § 8.01-389(F) — 3 cases
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