Rule 2:1003. USE OF SUBSTITUTE CHECKS (derived from Code § 8.01-391.1(A) and (B))

(a) Admissibility generally . A substitute check created pursuant to the federal Check Clearing for the 21st Century Evidence Act, 12 U.S.C. § 5001 et seq., is admissible in evidence in any Virginia legal proceeding, civil or criminal, to the same extent the original check would be.

(b) Presumption from designation and legend . A document received from a banking institution that is designated as a "substitute check" and that bears the legend "This is a legal copy of your check. You can use it the same way you would use the original check" is presumed to be a substitute check created pursuant to the Act applicable under subdivision (a) of this Rule.

Committee Notes

Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012 . Last amended by Order dated November 13, 2020; effective July 1, 2021.