In addition to admissibility of copies of documents as provided in Rules 2:1002 and 2:1004, and by statute, copies may be used in lieu of original documents as follows:
Rule 2:1005.ADMISSIBILITY OF COPIES (derived from Code § 8.01-391).
Part Two: Virginia Rules of Evidence · Last amended 2021 · Last verified July 16, 2026
In one sentenceRule 2:1005 lets copies stand in for original documents across several settings — court and government agency records, business and professional records copied in the regular course of activity — each authenticated as a true copy by the custodian, and broadly defines copy to include photographs, microfilm, electronic reproductions, and faxes.
Full Text of Rule 2:1005
(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 custod ian , retaining in its stead a copy thereof. The court may make any order to prevent the improper use of the original.
(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 is 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 is admissible into evidence as the original, whether the original is in existence or not, provided that such copy is authenticated a s 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 cou rse 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 is 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. Copies in the regular course of business are 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 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 Rule precludes neither the introduction or admission of the original nor the introduction of a copy o r the original in another action.
(g) Copy, as used in these Rules, includes 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 origin al from a process which forms a durable medium for its recording, storing, and reproducing.
Plain-English Summary
Rule 2:1005 works alongside Rules 2:1002 and 2:1004 to expand when a copy can substitute for an original writing. Subdivision (a) lets a court, once an original official publication or record has been filed or introduced, order the original returned to its custodian while retaining a copy in the case file, with authority to guard against improper use of the original.
Subdivisions (b) and (c) cover government and court records specifically. A copy made by a Virginia department, agency, board, or commission (or an equivalent body of another state, country, the United States, or a political subdivision), acting under its governing law, is admissible as the original, whether or not the original still exists, once authenticated as a true copy by the custodian (or the person the custodian reports to) and accompanied by a certificate confirming custody. Copies of court or clerk’s office records work the same way, authenticated as true copies by a clerk or deputy clerk.
Subdivision (d) extends the same principle to ordinary business and professional records: a copy made in the regular course of business or professional activity is admissible as the original, whether or not the original exists, once identified and authenticated as a true copy and accompanied by a custody certificate. That provision covers routine business practices — checks copied before transmission, or records a business acts on without ever receiving the original because another party retained it — and treats good-faith reproduction made later, without intent to defraud, as included within the regular-course-of-business concept.
The remaining subdivisions round out the framework: an original from which a copy was made may be destroyed unless its preservation is legally required or its validity is in question; introducing a copy in one action does not bar introducing the original, or a copy or original, in another; and copy is defined broadly to include photographs, microphotographs, photostats, microfilm, microcard, printouts or other electronic reproductions, optical-disk copies, electronically transmitted facsimiles, and any other reproduction made through a process that creates a durable, storable, reproducible medium.
Frequently Asked Questions
Can a government agency’s copy of an official record be used in place of the original in Virginia court?
Yes. Rule 2:1005(b) makes such a copy admissible as the original, whether or not the original still exists, once authenticated as a true copy by the custodian and accompanied by a certificate of custody.
What does a business need to show to use a copy of its own record instead of the original?
Under Rule 2:1005(d), the copy must be identified and authenticated as a true copy by the record’s custodian (or the person the custodian reports to), accompanied by a certificate that the person has custody.
Can the original be destroyed once a copy has been made under this rule?
Generally yes. Rule 2:1005(e) allows destruction of the original unless preserving it is required by law or its validity has been questioned.
What formats qualify as a copy under Rule 2:1005?
Subdivision (g) defines copy broadly to include photographs, microphotographs, photostats, microfilm, microcard, printouts or other reproductions of electronically stored data, optical-disk copies, electronically transmitted facsimiles, and other durable-medium reproductions.
If a party introduces a copy under this rule, does that prevent them from later introducing the original?
No. Rule 2:1005(f) states that introducing a copy in one action precludes neither introducing the original nor introducing a copy or the original in another action.
Amendment History
Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012. Last amended by Order dated November 13, 2020; effective July 1, 2021.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
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