14.12 Article Ix—authentication

• Library: Virginia Law and Practice: A Handbook for Attorneys (Virginia CLE) (2020 Ed.)

14.12 ARTICLE IX—AUTHENTICATION

14.1201 Index.

2:901. Requirement of Authentication or Identification

2:902. Self-Authentication ⁶²

2:903. Subscribing Witness Testimony Not Necessary

14.1202 Comments.

A. In General. Article IX of the Virginia Rules of Evidence contains a general statement of the simple test for authenticating proof and helpfully collects some situations where proof is "self-authenticating" in Rule 2:902. Specific requirements for categories of proof, such as identification of handwriting, chain-of-custody for physical exhibits, and the like, are not addressed specifically in the rules. Much development in these areas can be expected in the modern era, as the foundation for admission in court of electronic forms of evidence is spelled out in practical contexts of specific decisions. ⁶³

Alert: it is known to most practitioners in Virginia that there are huge numbers of statutes that identify a specific category of records and make them admissible.

B. Rule 2:901. Rule 2:901 provides, simply, that a...