59.1-491 - Admissibility of evidence. - Virginia Statutes

§ 59.1-491. Admissibility of evidence.

(a) In any proceeding, evidence of a record or signature may not be excludedsolely because it is in electronic form.

(b) In determining the evidentiary weight to be given a particular electronicsignature, the trier of fact shall consider whether the electronic signatureis: (i) unique to the signer, (ii) capable of verification, (iii) under thesigner's sole control, (iv) linked to the record in such a manner that it canbe determined if any data contained in the record was changed subsequent tothe electronic signature being affixed to the record, and (v) created by amethod appropriately reliable for the purpose for which the electronicsignature was used. The trier of fact may consider any other relevant andprobative evidence affecting the authenticity and/or validity of theelectronic signature.

(2000, c. 995.)