2006 Code of Virginia § 8.01-389 - Judicial records as evidence; full faith and credit; recitals in deeds, deeds of trust, and mortgag...

8.01-389. Judicial records as evidence; full faith and credit; recitals indeeds, deeds of trust, and mortgages; "records" defined.

A. The records of any judicial proceeding and any other official records ofany court of this Commonwealth shall be received as prima facie evidenceprovided that such records are authenticated and certified by the clerk ofthe court where preserved to be a true record.

A1. The records of any judicial proceeding and any other official record ofany court of another state or country, or of the United States, shall bereceived as prima facie evidence provided that such records are authenticatedby the clerk of the court where preserved to be a true record.

B. Every court of this Commonwealth shall give such records of courts not ofthis Commonwealth the full faith and credit given to them in the courts ofthe jurisdiction from whence they come.

B1. In any instance in which a court not of this Commonwealth shall haveentered an order of injunction limiting or preventing access by any person tothe courts of this Commonwealth without that person having had notice and anopportunity for a hearing prior to the entry of such foreign order, thatforeign order is not required to be given full faith and credit in anyVirginia court. The Virginia court may, in its discretion, hold a hearing todetermine the adequacy of notice and opportunity for hearing in the foreigncourt.

C. Specifically, recitals of any fact in a deed or deed of trust of recordconveying any interest in real property shall be prima facie evidence of thatfact.

D. "Records" as used in this article, shall be deemed to include anymemorandum, report, paper, data compilation, or other record in any form, orany combination thereof.

(Code 1950, 8-271, 8-275, 8-276, 8-276.1; 1977, c. 617; 1980, c. 453;1995, c. 594; 1996, c. 417.)