State Codes and Statutes

Statutes > Virginia > Title-19-2 > Chapter-12 > 19-2-188-3

§ 19.2-188.3. Admissibility of affidavits by government officials regarding asearch of government records.

In any hearing or trial, an affidavit signed by a government official who iscompetent to testify, deemed to have custody of an official record, or signedby his designee, stating that after a diligent search, no record or entry ofsuch record is found to exist among the records in his custody, is admissibleas evidence that his office has no such record or entry, provided that theprocedures set forth in subsection G of § 18.2-472.1 for admission of anaffidavit have been satisfied, mutatis mutandis, and the accused has notobjected to the admission of the affidavit pursuant to the procedures setforth in subsection H of § 18.2-472.1, mutatis mutandis. Nothing in thissection shall be construed to affect the admissibility of affidavits in civilcases under § 8.01-390.

(2010, c. 464.)

State Codes and Statutes

Statutes > Virginia > Title-19-2 > Chapter-12 > 19-2-188-3

§ 19.2-188.3. Admissibility of affidavits by government officials regarding asearch of government records.

In any hearing or trial, an affidavit signed by a government official who iscompetent to testify, deemed to have custody of an official record, or signedby his designee, stating that after a diligent search, no record or entry ofsuch record is found to exist among the records in his custody, is admissibleas evidence that his office has no such record or entry, provided that theprocedures set forth in subsection G of § 18.2-472.1 for admission of anaffidavit have been satisfied, mutatis mutandis, and the accused has notobjected to the admission of the affidavit pursuant to the procedures setforth in subsection H of § 18.2-472.1, mutatis mutandis. Nothing in thissection shall be construed to affect the admissibility of affidavits in civilcases under § 8.01-390.

(2010, c. 464.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-19-2 > Chapter-12 > 19-2-188-3

§ 19.2-188.3. Admissibility of affidavits by government officials regarding asearch of government records.

In any hearing or trial, an affidavit signed by a government official who iscompetent to testify, deemed to have custody of an official record, or signedby his designee, stating that after a diligent search, no record or entry ofsuch record is found to exist among the records in his custody, is admissibleas evidence that his office has no such record or entry, provided that theprocedures set forth in subsection G of § 18.2-472.1 for admission of anaffidavit have been satisfied, mutatis mutandis, and the accused has notobjected to the admission of the affidavit pursuant to the procedures setforth in subsection H of § 18.2-472.1, mutatis mutandis. Nothing in thissection shall be construed to affect the admissibility of affidavits in civilcases under § 8.01-390.

(2010, c. 464.)