Business Records as Evidence: Hearsay Exceptions in Virginia Family Law Cases

Most couples have boxes of shared paperwork, such as bank statements, medical bills, childcare statements, and tax forms. These are the types of documents that we collect in our daily lives and put aside “just in case.” In a divorce, these documents are essential.

Virginia Rules of Evidence Allowed for Business Records to be Admitted into Evidence

These documents can be used as evidence in divorce litigation. The Virginia Rules of Evidence allow business records to be admitted into evidence that a client produces for an attorney as long as the client has specific and personal knowledge of the information contained in the documents - or obtains an affidavit from the “custodian of records” of that business, school, or medical office.

This Helps Clients Save Money

Further, with affidavits, the custodian of records can authenticate the evidence without requiring the business agent to appear in court. This helps save clients money, as they are often able to produce records of finances or costs of living for the child without having to pay the high costs of paying the custodian of records to come to court to admit the business records into evidence, avoiding the appearance fee, by using a simple affidavit.

Virginia Code § 8.01-390.3. Business Records as Evidence: The Basics

The Virginia Code requires:

Business records to be authenticated by 1) witness testimony, 2) certification of authenticity (i.e. affidavit by custodian of record), or 3) a combination of the two
Proper notice of this shall be given no later than 15 days before the trail or hearing, unless the Court provides otherwise
Objections shall be made within five days after notice is given

Call a divorce lawyer at Smith Strong, PLC today to learn more about providing your own evidence of business records in divorce litigation to help you save money.

H. Van Smith
Trusted Virginia Family Law Attorney Serving Richmond to Williamsburg