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Subject:
From:
Mark Walsh <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Thu, 5 May 2005 08:14:17 -0400
Content-Type:
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 Brenda -

In order to deal with many of the issues raised about his particular
issue, I would refer you and your legal counsel to the Code of Virginia,
"Copies as Evidence" (8.01-391).  Although much of it deals with public
records, the following will be of interest:

D. If any business or member of a profession or calling in the regular
course of business or activity has made any record or received or
transmitted any document, and again in the regular course of business
has caused any or all of such record or document to be copied, the copy
shall be as admissible in evidence as the original, whether the original
exists or not, provided that such copy is satisfactorily identified and
authenticated as a true copy by a custodian of such record or by the
person to whom said custodian reports, if they be different, and is
accompanied by a certificate that said person does in fact have the
custody. Copies in the regular course of business shall be deemed to
include reproduction at a later time, if done in good faith and without
intent to defraud. Copies in the regular course of business shall
include items such as checks which are regularly copied before
transmission to another person or bank, or records which are acted upon
without receipt of the original when the original is retained by another
party.

The original of which a copy has been made may be destroyed in the
regular course of business unless its preservation is required by law,
or its validity has been questioned.

E. The introduction in an action of a copy under this section neither
precludes the introduction or admission of the original nor the
introduction of a copy or the original in another action.

F. Copy, as used in this section, shall include photographs,
microphotographs, photostats, microfilm, microcard, printouts or other
reproductions of electronically stored data, or copies from optical
disks, electronically transmitted facsimiles, or any other reproduction
of an original from a process which forms a durable medium for its
recording, storing, and reproducing.

You can find the legislation at:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-391

Other considerations, including federal regulations, will still need to
be taken into account.

Cheers!

Mark


G. Mark Walsh, C.A.
Records & Information Analyst
Records Management and Imaging Services
Library of Virginia
(804) 692-3650

-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Brenda Pruitt
Sent: Wednesday, May 04, 2005 3:16 PM
To: [log in to unmask]
Subject: Tossing Paper after Scanning

Our Accounting Division wants to scan the back-up documentation for
accounting transactions and destroy all paper copies afterwards.  Is
there any reason -- legal or otherwise -- which would preclude the
destruction of all paper copies?  For instance, are original signatures
needed on contractual documents, etc.?

Brenda Pruitt, Records Manager
+ American Red Cross
Hazel Braugh Records Center and Archives
5818 Seminary Road
Falls Church, VA   22041
Ph:  703-813-5383  Fax:  703-813-5389
E-mail:   [log in to unmask]
http://www.redcross.org

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