In addition to otherwise applicable rules of evidence, the following rulesrelating to a determination of death and status shall apply:
1. Death occurs when an individual is determined to be dead in accordancewith the provisions of § 54.1-2972 or Chapter 5 (§ 64.1-105 et seq.) of thistitle.
2. A certified or authenticated copy of a death certificate purporting to beissued by a governmental official or agency, domestic or foreign, of theplace where the death purportedly occurred is prima facie evidence of thefact, place, date, and time of death and the identity of the decedent.
3. A certified or authenticated copy of any record or report purporting to beissued by a governmental official or agency, domestic or foreign, that anindividual is missing, detained, dead, or alive is prima facie evidence ofthe status of the individual and of the dates, times, identities,circumstances, and places disclosed by the record or report.
4. In the absence of prima facie evidence of death under subdivision 2 or 3,the facts of death may be established by clear and convincing evidence,including circumstantial evidence.
5. In the absence of evidence disputing the time of death stated on adocument described in subdivision 2 or 3, such a document that states a timeof death 120 hours or more after the time of death of another individual,however the time of death of the other individual is determined, establishesby clear and convincing evidence that the individual survived the otherindividual by 120 hours.
In addition to otherwise applicable rules of evidence, the following rulesrelating to a determination of death and status shall apply:
1. Death occurs when an individual is determined to be dead in accordancewith the provisions of § 54.1-2972 or Chapter 5 (§ 64.1-105 et seq.) of thistitle.
2. A certified or authenticated copy of a death certificate purporting to beissued by a governmental official or agency, domestic or foreign, of theplace where the death purportedly occurred is prima facie evidence of thefact, place, date, and time of death and the identity of the decedent.
3. A certified or authenticated copy of any record or report purporting to beissued by a governmental official or agency, domestic or foreign, that anindividual is missing, detained, dead, or alive is prima facie evidence ofthe status of the individual and of the dates, times, identities,circumstances, and places disclosed by the record or report.
4. In the absence of prima facie evidence of death under subdivision 2 or 3,the facts of death may be established by clear and convincing evidence,including circumstantial evidence.
5. In the absence of evidence disputing the time of death stated on adocument described in subdivision 2 or 3, such a document that states a timeof death 120 hours or more after the time of death of another individual,however the time of death of the other individual is determined, establishesby clear and convincing evidence that the individual survived the otherindividual by 120 hours.
In addition to otherwise applicable rules of evidence, the following rulesrelating to a determination of death and status shall apply:
1. Death occurs when an individual is determined to be dead in accordancewith the provisions of § 54.1-2972 or Chapter 5 (§ 64.1-105 et seq.) of thistitle.
2. A certified or authenticated copy of a death certificate purporting to beissued by a governmental official or agency, domestic or foreign, of theplace where the death purportedly occurred is prima facie evidence of thefact, place, date, and time of death and the identity of the decedent.
3. A certified or authenticated copy of any record or report purporting to beissued by a governmental official or agency, domestic or foreign, that anindividual is missing, detained, dead, or alive is prima facie evidence ofthe status of the individual and of the dates, times, identities,circumstances, and places disclosed by the record or report.
4. In the absence of prima facie evidence of death under subdivision 2 or 3,the facts of death may be established by clear and convincing evidence,including circumstantial evidence.
5. In the absence of evidence disputing the time of death stated on adocument described in subdivision 2 or 3, such a document that states a timeof death 120 hours or more after the time of death of another individual,however the time of death of the other individual is determined, establishesby clear and convincing evidence that the individual survived the otherindividual by 120 hours.
