WEST VIRGINIA CODE
WVC 57-
CHAPTER 57. EVIDENCE AND WITNESSES.
WVC -1-
ARTICLE 1. LEGISLATIVE ACTS AND RESOLUTIONS; PUBLIC RECORDS.
WVC 57-1-1
§57-1-1. Copies of legislative journals, acts and resolutions.
Copies of the journal of either house of the Legislature, and
copies of the acts and resolutions of the Legislature, which have
been or shall hereafter be published by authority thereof, shall be
received as evidence for any purpose for which the original
journal, acts or resolutions could be received and with as much
effect.
WVC 57-1-2
§57-1-2. Local or private acts and resolutions of Legislature;
judicial notice thereof.
Local or private acts and resolutions of the Legislature may
be given in evidence without being especially pleaded; and an
appellate court shall take judicial notice of such as appear to
have been relied on in the court below.
WVC 57-1-3
§57-1-3. Copies of Virginia laws.
The printed copies of the acts and resolutions of the general
assembly of Virginia and of the statutes and codes of that state,
with the supplements to and continuations of the same, and the
ordinances of the convention which assembled at Wheeling on the
eleventh day of June, eighteen hundred and sixty- one, shall
continue to be received in evidence within this state, in like
manner as they were receivable when it was part of the state of
Virginia.
WVC 57-1-4
§57-1-4. Judicial notice of foreign laws.
Whenever in any case it becomes material to ascertain what the
law, statutory or other, of another state or country, or of the
United States, is, or was at any time, the court, judge, or
magistrate shall take judicial notice thereof, and may consult any
printed book or other document, purporting to contain, state or
explain the same, and consider any testimony, information or
argument that is offered on the subject.
WVC 57-1-5
§57-1-5. Notice by courts and officers of signatures of judges or
governor.
All courts and officers shall take notice of the signature of
any of the judges, or of the governor, of this state, to any
judicial or official documents.
WVC 57-1-6
§57-1-6. Copies of certain deeds.
Copies of deeds, acknowledged or proved and certified
according to the act of the general assembly of Virginia, of the
thirteenth of December, seventeen hundred and ninety-two, and
placed upon record after the expiration of two years, the period
prescribed by the act of the twenty-fifth of December, seventeen
hundred and ninety-four, but before the passage of the act of the
seventh of February, eighteen hundred and fourteen, shall be
received in evidence, and have all the force and effect of copies
of deeds recorded within two years, the period prescribed as
aforesaid:
Provided, That nothing in this section shall be
construed to affect the rights of creditors and subsequent
purchasers without notice.
WVC 57-1-7
§57-1-7. Copies of records, bonds or papers in public offices;
certificate of auditor.
A copy of any record, bond or paper in the office of the clerk
of either house of the Legislature or of any court, or in the
office of the secretary of state, treasurer or auditor, or in the
office of the surveyor of lands of any county, or in the office of
any other public officer, attested by the appropriate officer,
which shall include the secretary of a board or commission, in
whose office the same is, may be admitted as evidence in lieu of
the original. The certificate of the auditor of the fact and time
of the return of any real estate as delinquent, or of the sale
thereof for taxes, shall be prima facie evidence of what is stated
in such certificate. Any such copy or certificate purporting to be
sealed, or signed and sealed, or signed alone, by any such officer,
may be admitted as evidence without any proof of the seal or
signature, or of the official character, of the person whose name
is signed to it. The certificate of the auditor of the payment or
nonpayment at any time of taxes on forfeited or delinquent lands,
or of their not having been entered on the land books of the county
or counties wherein the same were chargeable with taxes shall, in
any suit in relation to such lands, be prima facie evidence of what
is stated in such certificate, provided it be filed with the papers
of said suit and notice thereof be given to the opposite party or
his attorney at least twenty days before the first day of the term
at which it is to be offered as evidence. When the certificate
purports to be signed by the said auditor, it may be admitted as
evidence without proof of his signature.
WVC 57-1-7A
§57-1-7a. Use of photographic copies in evidence; state records,
papers or documents; destruction or transfer to
archives of originals; destruction of canceled checks
and paid and canceled bonds and coupons.
(a) Any public officer of the state may, with the approval of
the state records administrator, cause any or all records, papers
or documents kept by him to be reproduced, by any photographic,
photostatic, microphotographic or by similar miniature photographic
process or by nonerasable optical image disks (commonly referred to
as compact disks) or by other records-retention technology approved
by the state records administrator. These reproductions by
photographic, photostatic, microphotographic or by similar
miniature photographic process or by nonerasable optical image
disks shall be of durable material and the device used to reproduce
such records on such film shall be one which accurately reproduces
the originals thereof in all details.
The reproductions by photographic, photostatic,
microphotographic or by similar miniature photographic process or
nonerasable optical image disks shall be deemed to be an original
record for all purposes, including introduction in evidence in all
courts or administrative agencies. A transcript, exemplification
or certified copy thereof shall, for all purposes recited herein,
be deemed to be a transcript, exemplification or certified copy of
the original. Whenever reproductions by photographic, photostatic,
microphotographic or by similar miniature photographic process or
nonerasable optical image disks have been made and put in
conveniently accessible fireproof files, and provision has been made for preserving, examining and using the same, the respective
heads of the departments, divisions, institutions and agencies of
the state may, with the approval of the state records
administrator, cause the records and papers so reproduced by
photographic, photostatic, microphotographic or by similar
miniature photographic process or nonerasable optical image disks,
or any part thereof, to be destroyed; but before any records,
papers or documents are authorized to be destroyed, the state
records administrator shall obtain the advice and counsel of the
state historian and archivist, or his designated representative, as
to the desirability of placing the records, papers and documents in
the archives of that department. In the event the administrator is
of the opinion that the record has no further administrative,
legal, fiscal, research or historical value, the administrator may
destroy or otherwise dispose of the record, paper or document if
otherwise permitted to do so after complying with the provisions of
section seventeen, article eight, chapter five-a of this code.
(b) Notwithstanding any other provisions of this code to the
contrary, the state treasurer may at his discretion destroy any
canceled checks of the state after three years have elapsed since
the date of the check, whether or not such checks have been
reproduced by photographic, photostatic, microphotographic or by
similar miniature photographic process or nonerasable optical image
disks: Provided, That any canceled bonds or interest coupons of
any bond issues of this state in the custody of the treasurer, or
for which the treasurer acts as fiscal agent or paying agent, may
at his discretion be destroyed by one of the two methods below:
Method I - The treasurer shall maintain a permanent record for
the purpose of recording the destruction of bonds and coupons,
showing the following: (1) With respect to bonds, the purpose of
issuance, the date of issue, denomination, maturity date and total
principal amount; and (2) with respect to coupons, the purpose of
issue and date of the bonds to which the coupons appertain, the
maturity date of the coupons, and, as to each maturity date, the
denomination, quantity and total amount of coupons.
After recording the specified information, the treasurer shall
have the canceled bonds and coupons destroyed either by burning or
shredding, in the presence of an employee of the treasurer and an
employee of the legislative auditor, each of whom shall certify
that he saw the canceled bonds and coupons destroyed. The
certificates shall be made a part of the permanent record.
Canceled bonds or coupons shall not be destroyed until after one
year from the date of payment.
Method II - The treasurer may contract with any bank or trust
company acting as paying agent or copaying agent for a bond issue
of the state for the destruction of bonds and interest coupons
which have been canceled by the paying agent. The contract shall
require that the paying agent give the treasurer a certificate
containing the same information required by Method I. The
certificate shall be made a part of the treasurer's permanent
records.
Each contract shall also require that the paying agent be
responsible for proper payment and disposition of all bonds and
coupons, and for any duplicate payments to unauthorized persons and nonpayment to authorized persons occurring as a result of
destruction of bonds or coupons under this section. In addition,
the treasurer may require the paying agent to submit an indemnity
bond, in an amount to be determined by the treasurer, to assure
performance of the duties specified in this section. Canceled
bonds or coupons may not be destroyed until one year from the date
of payment.
For purposes of this section, the term "bonds" shall include
interim certificates.
WVC 57-1-7b
§57-1-7b. Use of photographic copies in evidence -- Business and
public records; destruction of originals.
If any business, institution, member of a profession or
calling, or any officer of a local governmental agency, including
county officers, county boards of education and municipalities, in
the regular course of business or activity has kept or recorded any
memorandum, writing, entry, print, representation or combination
thereof, of any act, transaction, occurrence or event, and in the
regular course of business has caused any or all of the same to be
recorded, copied or reproduced by any photographic, photostatic,
microfilm, microcard, miniature photographic, or other process
which accurately reproduces or forms a durable medium for so
reproducing the original, the original may be destroyed in the
regular course of business unless held in a custodial or fiduciary
capacity or unless its preservation is required by law:
Provided,
however, That destruction of records of local governmental agencies
shall also be contingent upon the approval by those agencies of
such disposition. Such reproduction, when satisfactorily
identified, is as admissible in evidence as the original itself in
any judicial or administrative proceeding whether the original is
in existence or not, and an enlargement or facsimile of such
reproduction is likewise admissible in evidence if the original
reproduction is in existence and available for inspection under
direction of court. The introduction of a reproduced record,
enlargement of facsimile, does not preclude admission of the
original.
WVC 57-1-7C
§57-1-7c. Use of microfilm or microcards to reproduce and preserve
records; destruction or transfer of originals to
archivist.
The clerk of any court of record of the state may, with the
approval of the court for which he or she is clerk, cause any or
all records, papers, plats, or other documents kept by him or her
to be reproduced on photographic microfilm or microcards and may,
with the approval of the court for which he or she is clerk,
record, keep and preserve any and all records, papers, plats, or
other documents required by the laws of this state to be recorded
or kept by said clerk or court exclusively upon photographic
microfilm or microcards instead of in well-bound books or instead
of by any other method heretofore prescribed by law.
Such photographic microfilm and microcards shall be of durable
material and possess good, archival qualities. The device used to
reproduce such records on such film and cards shall be one which
accurately reproduces the original thereof in all details.
Such photographic microfilm and microcards shall be deemed to
be an original record for all purposes, including introduction into
evidence in all courts or administrative agencies. A transcript,
exemplification, or photographic reproduction thereof shall, when
properly authenticated by the clerk of such court, be deemed for
all purposes to be a transcript, exemplification, or certified copy
of the original.
Such photographic microfilm and microcards shall be put in
convenient, accessible fireproof files and adequate provision shall
be made for preserving, examining and using the same.
Any such records, papers, plats, or other documents not held
for others by said clerk or court or required by law to be
delivered to some other person, court, corporation or agency, may
with the approval of the court keeping such records, papers, plats,
or other documents be destroyed; but before any such records,
papers, plats or other documents are authorized to be destroyed the
court keeping them or the clerk thereof shall obtain the advice and
counsel of the state historian or archivist, or his designated
representatives, as to the desirability of placing the said
records, papers, plats, or other documents in the department of
archives and history. However, prior to destroying or otherwise
disposing of the same, the court or clerk thereof shall give
written notice of the intention to do so to the director of the
section of archives and history of the division of culture and
history. Upon the written request of the director, given to the
court or clerk thereof within ten days of receipt of said notice,
the court or clerk thereof shall retain the original record for a
period of thirty days. In the event the director fails to retrieve
the original document from the court or clerk thereof within the
thirty-day period, the court or clerk thereof may destroy or
otherwise dispose of the original without further notice to the
director.
WVC 57-1-7D
§57-1-7d. Records provided on computer or optical disc.
Notwithstanding any other provision of this code to the
contrary, where any provision of this code requires that a copy of
any record of any branch of the government of this state be
provided or delivered, the custodian of said record is authorized
to comply with the requirement by providing or delivering a true
copy in the form of a computer or optical disc which is not subject
to alteration, is formatted to write once read many, and is
attested by the custodian thereof to be a true, accurate and
complete copy of the record required to be provided or delivered.
WVC 57-1-8
§57-1-8. Copy of writing filed in one suit may be filed in another
suit on same writing.
Such a copy of any writing filed in a suit may be filed in
another suit on the same writing, and the defendant shall plead
thereto as if the original were filed.
WVC 57-1-9
§57-1-9. Application of §§57-1-7 and 57-1-8 to records or papers
in public offices in Virginia.
The provisions in the two preceding sections contained shall
apply to a copy of any record or paper in the clerk's office of any
court in the state of Virginia, or in the office of the secretary
of the commonwealth, treasurer, register of the land office, or
either auditor, or any surveyor of lands of that state, attested as
aforesaid; and to any certificate of the auditor of public accounts
of that state as to the return of any real estate as delinquent, or
sale thereof for taxes, or payment or nonpayment of taxes on
forfeited or delinquent lands, or nonentry of lands on the books of
the commissioner of the revenue:
Provided, That such certificate
of the auditor as to the payment or nonpayment of taxes on
forfeited or delinquent lands, or nonentry of such lands on the
books of the commissioner of the revenue, be filed with the papers
in any suit in relation to such lands, and notice thereof be given
to the opposite party or his attorney, at least forty days before
the first day of the term at which it is offered as evidence.
WVC 57-1-10
§57-1-10. Certificate of clerk of county court as to certain tax
records.
The certificate of the clerk of any county court of the entry
or nonentry of any tract of land for taxation on the land books of
any county wherein the land ought to have been charged or of the
delinquency of any such land for the nonpayment of taxes charged
thereon, and the amount of the taxes charged as delinquent, or such
clerk's certificate of the sale of such land for the nonpayment of
taxes, shall, in any suit in relation to such lands, be prima facie
evidence of what is stated in such certificate:
Provided, That it
be filed with the papers of said suit and notice thereof given to
the opposite party or his attorney at least twenty days before the
first day of the term at which it is to be offered as evidence.
When a certificate purports to be signed by any such clerk, it may
be admitted as evidence without proof of his signature.
WVC 57-1-11
§57-1-11. Withdrawal of original paper filed in cause; retention
of copy.
The court in the clerk's office whereof there is an original
paper filed in a cause (although decided) may, for good cause,
order it to be delivered to any person, retaining in its stead a
certified copy thereof, and make any order to prevent the improper
use of the original.
WVC 57-1-12
§57-1-12. Authentication of records and proceedings of courts of
United States or other states; full faith and credit.
The records and judicial proceedings of any court of the
United States, or of any state or territory, or of any country
subject to the jurisdiction of the United States, shall be proved
or admitted in any court in this state, by the attestation of the
clerk, and the seal of the court annexed, if there be a seal,
together with a certificate of the judge, chief justice, or
presiding magistrate, that the said attestation is in due form.
And the said records and judicial proceedings, so authenticated,
shall have such faith and credit given to them in every court
within this state as they have by law or usage in the courts of the
state or jurisdiction from which they are taken. Full faith and
credit for child support orders shall be accorded by this state in
conformity with federal law.
WVC 57-1-13
§57-1-13. Authentication of public records not pertaining to
courts; full faith and credit.
All records and exemplifications of books, which may be kept
in any public office of the United States, or of any state, or
territory, or of any country subject to the jurisdiction of the
United States, not appertaining to a court, shall be proved or
admitted in any court or office in this state by the attestation of
the keeper of the said records or books, and the seal of his office
annexed, if there be a seal, together with a certificate of the
presiding justice of the court of the county, parish or district in
which such office may be kept, or of the governor, or secretary of
state, the chancellor or keeper of the great seal, of the state or
territory or country, that the said attestation is in due form, and
by the proper officer. If the said certificate is given by the
presiding justice of a court, it shall be further authenticated by
the clerk or prothonotary of the said court, who shall certify,
under his hand and the seal of his office, that the said presiding
justice is duly commissioned and qualified; or, if given by such
governor, secretary, chancellor, or keeper of the great seal, it
shall be under the great seal of the state, territory, or country,
aforesaid, in which it is made:
Provided, however, That printed
copies of schedules and classifications and tariffs of rates, fares
and charges, and supplements thereto, filed with the interstate
commerce commission, which show respectively an interstate commerce
commission number, which may be stated in abbreviated form, as
I.C.C. No............., and an effective date, may be received in
evidence without certification, and shall be presumed to be correct copies of the original schedules, classifications, tariffs and
supplements on file with the interstate commerce commission. And
the said records and exemplifications, so authenticated, shall have
such faith and credit given to them in every court and office
within this state as they have by law or usage in the courts or
offices of the state, territory, or country, as aforesaid, from
which they are taken.
WVC 57-1-14
§57-1-14. Authentication of foreign deeds, powers of attorney,
policies of insurance, etc.
Every deed or power of attorney executed out of this state,
the acknowledgment or proof of which is certified so that it might
be admitted to record under article one, chapter thirty- nine of
this code, and every policy of insurance, charter party, copy from
a record in any foreign court or from a register of births and
marriages in any place out of the United States, if it be attested
by a notary public, under his seal of office, that such policy,
charter party, record or register was made, entered or kept in due
form according to the law of the place in which it was made,
entered or kept, and that such copy is true, and the official
character of such notary be certified to by any court of record, or
the mayor or other chief magistrate of any county, city, town or
borough, or under the great seal of the state, kingdom, province,
an island or colony in which such notary may reside, shall be
evidence in any court in this state.
Note: WV Code updated with legislation passed through the 2012 1st Special Session