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§ 8.01-390.2.Reports by Chief Medical Examiner received as evidence.

Chapter 14. Evidence · Article 2. Laws, Public Records, and Copies of Original Records As Evidence · Last amended 2003 · Last verified July 16, 2026

In one sentenceThis section makes investigation reports, records, and certified autopsy reports from the Chief Medical Examiner’s office admissible as evidence in any Virginia court or proceeding, and lets duly attested copies of photographs, laboratory findings, and reports from that office come in for any purpose the original could, without needing separate proof of official character or signature.

Full Text of § 8.01-390.2

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Reports of investigations made by the Chief Medical Examiner, his assistants or medical examiners, and the records and certified reports of autopsies made under the authority of Title 32.1, shall be received as evidence in any court or other proceeding, and copies of photographs, laboratory findings and reports in the office of the Chief Medical Examiner or any medical examiner, when duly attested by the Chief Medical Examiner or an Assistant Chief Medical Examiner, shall be received as evidence in any court or other proceeding for any purpose for which the original could be received without proof of the official character or the person whose name is signed thereto.

Plain-English Summary

When a death becomes the subject of civil litigation, the medical examiner’s paperwork often carries the facts that matter most — cause, manner, findings from the autopsy itself. Section 8.01-390.2 makes that paperwork usable without extra hoops. Reports of investigations by the Chief Medical Examiner, assistants, or medical examiners, along with the records and certified autopsy reports made under the authority of Title 32.1, are received as evidence in any court or other proceeding.

The section extends the same treatment to the supporting material behind those reports. Copies of photographs, laboratory findings, and reports kept in the office of the Chief Medical Examiner or any medical examiner come in as evidence too, as long as the Chief Medical Examiner or an Assistant Chief Medical Examiner has duly attested them.

What makes this useful in practice is what it removes: the copies are admissible for any purpose the original document could serve, and without any need to prove the official character of the office or authenticate the signature of the person who signed the report. A litigant does not have to call the examiner as a witness just to get the report itself before the court.

Frequently Asked Questions

What medical examiner materials does this section make admissible as evidence?

Reports of investigations made by the Chief Medical Examiner, assistants, or medical examiners, and the records and certified reports of autopsies made under the authority of Title 32.1.

Are copies of photographs and lab findings from the medical examiner’s office admissible too?

Yes, when duly attested by the Chief Medical Examiner or an Assistant Chief Medical Examiner.

For what purposes can these copies be used?

For any purpose for which the original could be received, without proof of the official character or the person whose name is signed to the document.

Does a party need to prove the signature on a medical examiner’s report is genuine?

No, this section removes that requirement for reports and attested copies covered by it.

What kind of proceedings can these records be used in?

Any court or other proceeding.

Amendment History

2003, c. 459.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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