2006 Code of Virginia § 16.1-118.1 - Destruction of papers in civil cases in certain district courts

16.1-118.1. Destruction of papers in civil cases in certain district courts.

In any county having a population of more than 70,000 but less than 75,000 ormore than 100,000 but less than 125,000 and adjoining a city having apopulation of more than 200,000 but less than 300,000, or in any countyoperating under the county manager form of government as provided in Chapter6 ( 15.2-600 et seq.) of Title 15.2, the clerk of any district court inwhich papers are filed and preserved under 16.1-69.55 may destroy thefiles, papers and records connected with any civil case in such court, if:

(1) Such case was dismissed without any adjudication of the merits of thecontroversy, and the final order entered was one of dismissal and one yearhas elapsed from the date of such dismissal; or

(2) Judgment was entered in such case but the right to issue an execution orbring a motion to extend the period for enforcing a judgment or an action onsuch judgment is barred by 8.01-251; or

(3) No service of the warrant or motion or other process or summons was hadon any defendant and one year has elapsed from the date of such process orsummons; and

(4) The destruction of such papers is authorized and directed by an order ofthe judge of the court in which they are preserved, which order may refer tosuch papers by any one or more of the above classifications, or to any groupor kind of cases embraced therein, without express reference to anyparticular case; and

(5) The audit has been made for the period to which the files, papers andrecords are applicable.

(1966, c. 404; 1973, c. 143; 1977, c. 169; 1982, c. 153.)