A. Whenever the original of any official publication or other record has been filed in an action or introduced as evidence, the court may order the original to be returned to its custodian, retaining in its stead a copy thereof. The court may make any order to prevent the improper use of the original.
§ 8.01-391.Copies of originals as evidence (Subdivision (6) of Supreme Court Rule 2:902 derived in part from subsection D of this section and Supreme Court Rule 2:1005 derived from this section).
Chapter 14. Evidence · Article 2. Laws, Public Records, and Copies of Original Records As Evidence · Last amended 2014 · Last verified July 16, 2026
In one sentenceThis section lets a Virginia court return a filed original to its custodian while keeping a copy in its place, makes authenticated copies of government, court, or business records admissible as if original whether or not the original exists, allows destruction of the original once copied unless the law requires keeping it, and defines “copy” to cover photographic, microfilm, and electronic reproductions.
Full Text of § 8.01-391
B. If any department, division, institution, agency, board, or commission of this Commonwealth, of another state or country, or of the United States, or of any political subdivision or agency of the same, acting pursuant to the law of the respective jurisdiction or other proper authority, has copied any record made in the performance of its official duties, such copy shall be as admissible into evidence as the original, whether the original is in existence or not, provided that such copy is authenticated as a true copy either by the custodian of said record or by the person to whom said custodian reports, if they are different, and is accompanied by a certificate that such person does in fact have the custody.
C. If any court or clerk's office of a court of this Commonwealth, of another state or country, or of the United States, or of any political subdivision or agency of the same, has copied any record made in the performance of its official duties, such copy shall be admissible into evidence as the original, whether the original is in existence or not, provided that such copy is authenticated as a true copy by a clerk or deputy clerk of such court.
D. If any business or member of a profession or calling in the regular course of business or activity has made any record or received or transmitted any document, and again in the regular course of business has caused any or all of such record or document to be copied, the copy shall be as admissible in evidence as the original, whether the original exists or not, provided that such copy is satisfactorily identified and authenticated as a true copy by a custodian of such record or by the person to whom said custodian reports, if they be different, and is accompanied by
a certificate that said person does in fact have the custody. Such identification and authentication may be made through witness testimony or a certificate by affidavit or by declaration pursuant to § 8.01-4.3, or a combination of witness testimony and a certificate. Copies in the regular course of business shall be deemed to include reproduction at a later time, if done in good faith and without intent to defraud. Copies in the regular course of business shall include items such as checks which are regularly copied before transmission to another person or bank, or records which are acted upon without receipt of the original when the original is retained by another party.
E. The original of which a copy has been made may be destroyed unless its preservation is required by law or its validity has been questioned.
F. The introduction in an action of a copy under this section precludes neither the introduction or admission of the original nor the introduction of a copy or the original in another action.
G. Copy, as used in this section, shall include photographs, microphotographs, photostats, microfilm, microcard, printouts or other reproductions of electronically stored data, or copies from optical disks, electronically transmitted facsimiles, or any other reproduction of an original from a process which forms a durable medium for its recording, storing, and reproducing.
Plain-English Summary
Originals are fragile and inconvenient to keep forever, so Section 8.01-391 builds a framework for treating good copies as legal equals. It starts with a housekeeping rule: once an original document or publication has been filed in a case or introduced as evidence, the court can order it returned to its custodian and keep a copy in its place instead, with whatever order is needed to prevent the original from being misused in the meantime.
The heart of the section is a set of parallel rules for different kinds of records. A government department, board, or agency — Virginia’s, another state’s or country’s, the United States’, or one of their political subdivisions — that has copied a record it made in the course of its official duties can offer that copy as evidence just as if it were the original, whether or not the original still exists, as long as the copy is authenticated as a true copy and the certifying person confirms actual custody. Courts and clerks’ offices get the same treatment for court records, authenticated by a clerk or deputy clerk. And any business or professional keeping records in the regular course of activity gets a matching rule: a copy of a record it made, received, or transmitted, and later copied in the ordinary course, is as admissible as the original, whether through witness testimony, a certificate, or both — and that includes routine practices like copying checks before sending them on, or acting on records without ever receiving the original.
Once a copy exists, the original becomes expendable, unless the law requires keeping it or someone has challenged its validity — it may be destroyed. Introducing a copy under this section does not foreclose introducing the original later, or a copy in some other action. And the definition of “copy” is written to keep pace with technology: photographs, microphotographs, photostats, microfilm, microcards, printouts of electronically stored data, optical disk copies, electronic facsimiles, and any other reproduction from a process that creates a durable recording medium all count.
Frequently Asked Questions
What can a court do with an original document once it has been filed or introduced as evidence?
The court may order the original returned to its custodian, keeping a copy in its stead, and may make any order needed to prevent improper use of the original.
How does an agency or department make its copied records admissible as evidence?
By authenticating the copy as a true copy, either through the custodian of the record or the person to whom the custodian reports if different, accompanied by a certificate confirming that person has custody — the copy is then as admissible as the original, whether the original still exists or not.
Can a business destroy an original document once it has made a copy?
Yes, the original may be destroyed unless its preservation is required by law or its validity has been questioned.
Does introducing a copy under this section prevent later introducing the original?
No, introduction of a copy precludes neither introduction of the original later nor introduction of a copy or the original in another action.
What counts as a “copy” under this section?
Photographs, microphotographs, photostats, microfilm, microcard, printouts or other reproductions of electronically stored data, copies from optical disks, electronically transmitted facsimiles, or any other reproduction of an original from a process that forms a durable medium for recording, storing, and reproducing it.
Amendment History
Code 1950, §§ 8-266, 8-267, 8-268, 8-278, 8-279, 8-279.1, 8-279.2; 1950, pp. 604, 640; 1954, c. 333; 1968, c. 723; 1972, cc. 441, 549, 645, 786; 1973, c. 177; 1977, cc. 532, 617; 1978, c. 75; 1979, c. 447; 1989, c. 212; 1990, c. 355; 1991, c. 145; 1992, c. 393; 2000, c. 334; 2012, c. 802; 2014, c. 398.
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
Also known as: virginia copies of originals as evidence8.01-391 virginia codebusiness record copy admissible virginiaauthenticated copy original document destroyed virginiarule 2:1005 virginia copies evidence