Additional proof of authenticity as a condition precedent to admissibility is not require d with respect to the following:
Rule 2:902.SELF-AUTHENTICATION (Rule 2:902(6) derived from Code § 8.01-390.3 and Code § 8.01-391(D)).
Part Two: Virginia Rules of Evidence · Last amended 2021 · Last verified July 16, 2026
In one sentenceRule 2:902 lists categories of evidence that need no extrinsic proof of authenticity — domestic and foreign public records, legal presumptions of genuineness, certain medical records and bills, specified certificates of analysis, and certified business records under a notice-and-objection procedure that lets a certification substitute for a witness unless timely challenged.
Full Text of Rule 2:902
(1) Domestic public records offered in compliance with statute. Public records authenticated or certified as provided under a statute of the Commonwealth.
(2) Foreign public documents. A document purporting to be executed or attested in his official capacity by a person authorized by the laws of a foreign country to make the execution or attestation, and accompanied by a final certification as to the genuineness of the signature and official position (a) of the executing or attesting person, or (b) of any foreign official whose certificate of genuineness of signature and official position relates to the execution or attestation or is in a chain of certification of genuineness of signature and official po sition relating to the execution or attestation. A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy o f o fficial documents, the court may for good cause shown order that they be treated as presumptively authentic without final certification or permit them to be evidenced by an attested summary with or without final certification.
(3) Presumptions created by law. Any signature, document, or other matter declared by an y law of the United States or of this Commonwealth, to be presumptively or prima facie genuine or authentic.
(4) Medical records and medical bills in particular actions. Where authorized by statute, medical records and medical bills, offered upon the forms of authentication specified in the Code of Virginia.
(5) Specific certificates of analysis and reports. Certificates of analysis and official reports prepared by designated persons or facilities, when authenticated in accordance with applicable statute.
(6) Certified Records of a Regularly Conducted Activity.
(a) In any proceeding where a business record is material and otherwise admissible, authentication of the record and the foundation required by subdivision (6) of Rule 2:803 may be laid by (i) witness testimony, (ii) a certification of the authenticity of and foundation for the record made by the custodian of such record or other qualified witness either by affidavit or by
declaration pursuant to Code § 8.01-4.3, or (iii) a combination of witness testimony and a certification.
(b) The proponent of a business record must (i) give written notice to all other parties if a certification under this section will be relied upon in whole or in part in authenticating and laying the foundation for admission of such record and (ii) provide a copy of the record and the certification to all other parties, so that all parties have a fair opportunity to challenge the record and certification. The notice and copy of the record and certification must be provided no later than 15 days in advance of the trial or hearing, unless an order of the court specifies a different time. Objections must be made within five days thereafter, unless an order of the court specifies a different time. If any party timely objects to reliance upon the certification, the authentication and foundation required by subdivision (6) of Rule 2:803 must be made by witness testimony unless the objection is withdrawn.
(c) A certified business record that satisfies the requirements of this section is self- authenticating and requires no extrinsic evidence of authenticity.
(d) A copy of a business record may be offered in lieu of an original upon satisfaction of the requirements of Code § 8.01-391(D) by witness testimony, a certification, or a combination of testimony and a certification.
Plain-English Summary
Rule 2:902 identifies evidence that authenticates itself, sparing a party the need to call a witness to establish genuineness. Domestic public records authenticated or certified under a Virginia statute qualify, as do foreign public documents executed by an authorized foreign official and accompanied by the layered certification chain the rule describes, running through a U.S. or foreign consular or diplomatic official. Any signature, document, or other matter that federal or Virginia law declares presumptively or prima facie genuine or authentic is self-authenticating, and so are medical records and medical bills offered on the statutory forms of authentication in particular kinds of actions, and specific certificates of analysis and official reports authenticated under an applicable statute.
Subdivision (6) supplies a detailed procedure for certified business records — records that would otherwise need the foundation Rule 2:803(6) requires. That foundation can be laid three ways: witness testimony, a certification of authenticity by the record’s custodian or another qualified witness (made by affidavit or by declaration under Code § 8.01-4.3), or a combination of testimony and certification.
Using a certification instead of live testimony comes with notice obligations. The proponent must give written notice to all other parties that a certification will be relied upon, and provide a copy of the record and the certification, at least 15 days before the trial or hearing, unless the court sets a different time. Any objection must come within five days after that, unless the court orders otherwise. If a party timely objects, the record’s authentication and foundation must then be established through witness testimony, unless the objection is withdrawn. A certified business record meeting the rule’s requirements is self-authenticating and needs no extrinsic proof of authenticity, and a copy of a business record may be offered in place of the original if it satisfies Code § 8.01-391(D), through testimony, a certification, or both.
Frequently Asked Questions
What kinds of evidence in Virginia authenticate themselves without a witness?
Rule 2:902 lists domestic public records authenticated under statute, foreign public documents with the proper certification chain, matters legal presumptions declare genuine, certain medical records and bills, specific certificates of analysis, and certified business records.
How can a business record be authenticated without calling the custodian to testify?
Rule 2:902(6) allows authentication through a certification of authenticity by the custodian or another qualified witness, made by affidavit or a declaration under Code § 8.01-4.3, instead of live testimony.
What notice must a party give before relying on a business-record certification instead of a witness?
Rule 2:902(6)(b) requires written notice to all other parties and a copy of the record and certification, provided at least 15 days before trial or hearing unless the court orders otherwise.
What happens if the opposing party objects to the certification?
If the objection is timely — within five days of the notice, absent a different court-ordered deadline — Rule 2:902(6)(b) requires the authentication and foundation to be established through witness testimony instead, unless the objection is withdrawn.
Can a copy of a business record be used instead of the original?
Yes. Rule 2:902(6)(d) allows a copy to be offered in lieu of an original if it satisfies Code § 8.01-391(D), through witness testimony, a certification, or a combination of both.
Amendment History
Adopted and promulgated by Order dated June 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
Also known as: self-authenticating evidence virginiacertified business record authentication virginiarule 2:902 virginia evidenceforeign public document authentication virginiacertification instead of witness testimony virginia