Rule 2:107. Ultrahazardous Items as Exhibits

(a) Ultrahazardous items may not be brought into any courtroom as exhibits without leave of the

court for good cause shown. Ultrahazardous items are those substances or devices the presence of

which in the courtroom, notwithstanding reasonable safety precautions, could pose a significant

threat to human health, including, but not limited to, explosives, explosive devices, biological or

chemical toxins, and highly potent controlled substances such as fentanyl and carfentanil that are

toxic by their nature or quantity.

(b)

Photographs or reasonable facsimiles of ultrahazardous items are admissible in any

proceeding, hearing or trial to the same extent as if such ultrahazardous items themselves were being

introduced as evidence. Such photographs must fairly and accurately depict the ultrahazardous items

and clearly include scale for the size of the items depicted. “Reasonable facsimiles” are models that

substantially replicate the actual ultrahazardous items in appearance and are of a scale of 1:1. All

facsimiles must be clearly labeled as facsimiles. This rule does not excuse the party offering such

evidence from proving chain of custody but that party is not required to produce ultrahazardous items

to establish chain of custody. Regardless of whether a party offers photographs or facsimiles of

ultrahazardous items under this rule, a party may offer properly authenticated photographs of

ultrahazardous items as part of its proof on the issue of chain of custody.

se the party offering such

evidence from proving chain of custody but that party is not required to produce ultrahazardous items

to establish chain of custody. Regardless of whether a party offers photographs or facsimiles of

ultrahazardous items under this rule, a party may offer properly authenticated photographs of

ultrahazardous items as part of its proof on the issue of chain of custody.

(c)

In any trial or hearing in which a party intends to offer photographs or facsimiles of

ultrahazardous items into evidence, that party must:

1. Provide by mail, delivery, or otherwise, notice of such intent and a copy of such

photographs or a description of the proposed facsimiles to counsel of record for the other party, or

directly to a party who is proceeding pro se, at no charge, no later than 28 days before the hearing or

trial, and promptly permit the other party to inspect the proposed facsimile; and

2. File a copy of the notice and photographs or description of the proposed facsimiles with

the clerk of the court hearing the matter on the day that the notice is provided to the other party.

(d) If the opposing party objects to the introduction of a photograph or proposed facsimile, that

party must file written notice of its objection with the court hearing the matter, with a copy to the

other party, no later than 14 days after the notice and photographs required under subsection (c) were

filed with the clerk by the other party. Upon filing of a timely objection, the court must conduct a

pre-trial hearing to determine whether the photograph or proposed facsimile may be introduced as

evidence, unless the parties with the concurrence of the court agree to consider the objection during

the trial.

ter than 14 days after the notice and photographs required under subsection (c) were

filed with the clerk by the other party. Upon filing of a timely objection, the court must conduct a

pre-trial hearing to determine whether the photograph or proposed facsimile may be introduced as

evidence, unless the parties with the concurrence of the court agree to consider the objection during

the trial.

(e) If either party wishes that an ultrahazardous item itself be introduced as evidence in lieu of

photographs or facsimiles, that party must file a motion with the court hearing the matter, with a copy

to the other party. Such a motion by the Commonwealth or plaintiff must be filed no more than 28

days before the trial or hearing, and if by the defendant or respondent, no more than 14 days after the

notice and photographs required under subsection (c) were filed with the clerk by the other party.

Upon timely motion, the court must conduct a pre-trial hearing to determine whether good cause

exists to allow ultrahazardous items themselves to be brought into the courtroom and introduced as

evidence.

PART TWO

VIRGINIA RULES OF EVIDENCE

ARTICLE II. JUDICIAL NOTICE