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1996 SESSION

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966960739
SENATE BILL NO. 52 Offered January 10, 1996 A BILL to amend and reenact § 8.01-390 of the Code of Virginia, relating to proof of lack of nonjudicial records. ---------- Patrons-- Schrock and Stolle; Delegates: Forbes and Wardrup ---------- Referred to the Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 8.01-390 of the Code of Virginia is amended and reenacted as follows:

§ 8.01-390. Nonjudicial records as evidence.

Copies of records of this Commonwealth, of another state, of the United States, of another country, or of any political subdivision or agency of the same, other than those located in a clerk's office of a court, shall be received as prima facie evidence provided that such copies are authenticated to be true copies both by the custodian thereof and by the person to whom the custodian reports. A written statement signed by an officer deemed to have custody of an official record, or by his deputy, that after a diligent search, no record or entry of such record is found to exist among the records in his office is admissible as evidence that his office has no such record or entry.