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Code of Virginia

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Code of Virginia
Title 8.01. Civil Remedies and Procedure
Chapter 14. Evidence
6/30/2025

Article 2.1. Check Clearing for the 21St Century Evidence Act.

§ 8.01-391.1. Substitute checks as evidence (Supreme Court Rule 2:1003 derived from subsections A and B of this section).

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

B. 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" shall be presumed to be a substitute check created pursuant to the Check 21 Act.

C. Any person who shall forge a substitute check or utter or attempt to employ as true any forged substitute check shall be punished as provided in § 18.2-172.

2006, c. 127.