Rule 2:107.Ultrahazardous Items as Exhibits

Part Two: Virginia Rules of Evidence · Last amended 2022 · Last verified July 16, 2026

In one sentenceRule 2:107 bars ultrahazardous items like explosives or toxic drugs from the courtroom as exhibits absent a court’s leave, allows photographs or exact-scale facsimiles to substitute for them at trial, and sets notice, objection, and hearing procedures for using such substitutes or, in limited circumstances, the actual item.

Full Text of Rule 2:107

Text sizeJump to: (a) (b) (c) (d) (e)

(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.

(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.

(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.

End

Plain-English Summary

Rule 2:107 addresses a narrow but real courtroom safety problem: what happens when a piece of physical evidence is dangerous. Subdivision (a) defines “ultrahazardous items” — explosives, explosive devices, biological or chemical toxins, and highly potent drugs such as fentanyl and carfentanil that are toxic by their nature or quantity — and bars bringing them into a courtroom as exhibits without the court’s leave, granted only for good cause.

Subdivision (b) supplies the usual substitute: photographs or “reasonable facsimiles,” meaning full-scale models that substantially replicate the item’s appearance, clearly labeled as facsimiles. These are admissible to the same extent the actual item would be, as long as the photograph accurately depicts the item and includes a scale showing its size. Using a photo or facsimile does not excuse the offering party from proving chain of custody, but that party is not required to produce the actual ultrahazardous item to prove it — and either party may offer authenticated photographs of the item as part of chain-of-custody proof, whether or not photographs or facsimiles are being offered under this rule.

Subdivisions (c) through (e) lay out the procedure. A party planning to offer a photograph or facsimile must give the other side notice and a copy of the photos, or a description of the facsimile, at least 28 days before the hearing or trial, let the other side inspect any facsimile, and file the same notice and materials with the clerk that day. An opposing party who objects must file written notice of the objection within 14 days after that filing, triggering a pre-trial hearing on admissibility unless the parties and the court agree to handle the objection during trial itself.

If a party instead wants the actual ultrahazardous item introduced, subdivision (e) requires a separate motion — filed no more than 28 days before trial by the Commonwealth or plaintiff, or no more than 14 days after the other side’s notice by a defendant or respondent — and a pre-trial hearing to determine whether good cause exists to let the item itself into the courtroom.

Frequently Asked Questions

What counts as an “ultrahazardous item” under Rule 2:107?

Substances or devices whose presence in the courtroom, despite reasonable safety precautions, could pose a significant threat to human health — including 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.

Can a party show the jury a photo instead of the actual dangerous item?

Yes. Rule 2:107(b) makes photographs, or “reasonable facsimiles” — full-scale models that substantially replicate the item and are clearly labeled as facsimiles — admissible to the same extent as the item itself, as long as the photo accurately depicts the item and shows scale.

Does using a photo or facsimile excuse proving chain of custody?

No. Rule 2:107(b) states that offering a photograph or facsimile does not excuse the offering party from proving chain of custody, though it does not require producing the actual ultrahazardous item to establish that chain.

What notice has to be given before offering a photo or facsimile of an ultrahazardous item?

Rule 2:107(c) requires the offering party to notify the other side and provide a copy of the photographs or a description of the proposed facsimile at least 28 days before the hearing or trial, and to file the same notice and materials with the clerk the same day.

Can a party get the actual ultrahazardous item admitted instead of a photo or facsimile?

Only by motion and only if the court finds good cause after a pre-trial hearing. Rule 2:107(e) sets separate filing deadlines for the Commonwealth or plaintiff (no more than 28 days before trial) and for the defendant or respondent (no more than 14 days after the other side’s notice under subdivision (c)).

Amendment History

Promulgated by Order dated November 9, 2021; effective July 1, 2022.

Source & verification. Rule text and amendment history are reproduced verbatim from the Rules of Supreme Court of Virginia, published by the Supreme Court of Virginia. Last verified July 16, 2026. · Official source

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