There is a newer version of the Code of Virginia
2014 Virginia Code
Title 17.1 - Courts of Record
Chapter 1. GENERAL PROVISIONS- § 17.1-100. Judicial performance evaluation program
- § 17.1-101. Time within which a judge may qualify; failure vacates office
- § 17.1-102. Justices and judges not permitted to practice law or seek or hold elective or other office
- § 17.1-103. Residence requirements of judges
- § 17.1-104. In election by court, votes to be recorded
- § 17.1-105. Designation of judges to hold courts and assist other judges
- § 17.1-106. Temporary recall of retired judges
- § 17.1-107. Designation of judge to assist regular judge holding case under advisement for unreasonable length of time
- § 17.1-108. Reserved
- § 17.1-109. Judges pro tempore
- § 17.1-110. Their appointment and powers
- § 17.1-111. Compensation
- § 17.1-112. Sheriff to attend court as its officer
- § 17.1-113. Places of holding courts; certain orders and decrees entered elsewhere
- § 17.1-114. When and how changed
- § 17.1-115. How order or warrant making change posted
- § 17.1-116. Change of place or time for holding session of Supreme Court
- § 17.1-117. Certain acts of courts held at improper places confirmed
- § 17.1-118. Display of flags in courtrooms
- § 17.1-119. Courts may adjourn for a period not exceeding thirty days
- § 17.1-120. Adjournment from day to day; effect of failure to sit on day to which adjourned
- § 17.1-121. Effect of change of time or place of court or failure to sit generally
- § 17.1-122. Matters not determined to stand continued
- § 17.1-123. How orders are recorded and signed
- § 17.1-124. Order books; automated systems
- § 17.1-125. Trust fund order book
- § 17.1-126. Repealed
- § 17.1-128. Recording evidence and incidents of trial in certain civil cases and cost thereof; cost of transcripts; preservation of original notes or records; certified transcript prima facie correct
- § 17.1-128.1. Recording evidence and incidents of trial in certain misdemeanor cases
- § 17.1-129. Filing date and time to be noted on papers
- § 17.1-130. Execution of judgments and decrees of courts no longer existing
- § 17.1-131. Jurisdiction to issue writs of mandamus in matters pertaining to action of service district commission
- § 17.1-132. Courts Technology Fund
Article 1. CLERK OF SUPREME COURT
- § 17.1-200. Clerk of Supreme Court; appointment; removal
- § 17.1-201. Appointment of deputies; their duties; how removed, etc
- § 17.1-202. Clerk, etc., of Supreme Court not to act as counsel
- § 17.1-203. Where clerk's offices to be kept
- § 17.1-204. Examination of office and accounts of clerk
- § 17.1-205. Pro Hac Vice Fund
Article 2. OTHER CLERKS AND CLERKS' OFFICES
- § 17.1-206. Where offices to be located
- § 17.1-207. Days of operation of clerks' offices
- § 17.1-208. Records, etc., open to inspection; copies; exception
- § 17.1-209. Repealed
- § 17.1-210. Removal of records or papers prohibited; exceptions
- § 17.1-211. Maintenance and disposition of certain receipt books, cancelled checks and statements
- § 17.1-212. Copying of records becoming illegible
- § 17.1-213. Disposition of papers in ended cases
- § 17.1-214. Clerk to deliver or send process to sheriff
- § 17.1-215. Process book
- § 17.1-216. Handling fee for service of process
- § 17.1-217. Power of clerk to administer oath
- § 17.1-218. Repealed
- § 17.1-219. Clerk to prepare bonds
- § 17.1-219.1. Transportation orders; authorization for clerk to issue orders to custodian
- § 17.1-220. Duplicate certificate of allowance prohibited, unless ordered by court
- § 17.1-221. Reports by clerks of the business of courts of record
- § 17.1-222. Failure to make report
- § 17.1-222.1. Collection of fees, etc., by court clerks in lieu of money
Article 3. RECORDS, RECORDATION AND INDEXING GENERALLY
- § 17.1-223. (Effective until January 1, 2015) Duty of clerk to record writings, etc., and make index
- § 17.1-223. (Effective January 1, 2015) Duty of clerk to record writings, etc., and make index
- § 17.1-224. Copy of illegible instrument used for making permanent record
- § 17.1-225. Remote access to nonconfidential court records
- § 17.1-226. Remote access to certain agencies from clerk of court
- § 17.1-227. Documents to be recorded in deed books; social security numbers
- § 17.1-227.1. (Effective until January 1, 2015) Use of cover sheets on deeds or other instruments by circuit court clerks
- § 17.1-227.1. (Effective January 1, 2015) Use of cover sheets on deeds or other instruments by circuit court clerks
- § 17.1-228. Recording releases of deeds of trust, partial releases of deeds of trust, court ordered releases, or other liens or assignments in cities and counties using microfilm
- § 17.1-229. Additional documents to be recorded in deed book
- § 17.1-230. Documents to be recorded in bond book
- § 17.1-231. Documents to be recorded in will book
- § 17.1-232. What to be recorded in judgment docket
- § 17.1-233. What to be recorded in marriage register
- § 17.1-234. Documents to be recorded in "writings partially proved."
- § 17.1-235. Recordation of federal farm loan mortgages
- § 17.1-236. Recordation of plats and maps
- § 17.1-237. Validation of recordations in certain plat books
- § 17.1-238. State highway plat book
- § 17.1-239. Character of books used for recording; standards for microfilm, etc
- § 17.1-240. Recording by microphotographic or electronic process
- § 17.1-241. Clerks to procure books for record
- § 17.1-242. Custody of books, records, etc
- § 17.1-243. Clerks to have land books bound
- § 17.1-244. Books, etc., in clerks' offices rebound, transcribed, microfilmed or digitally reproduced; credit given to transcripts, etc
- § 17.1-245. Books may be taken from clerk's office to be rebound, etc
- § 17.1-246. How costs thereof certified and paid
- § 17.1-247. Repealed
- § 17.1-248. Clerk to make index to each of his books
- § 17.1-249. General indexes for clerks' offices; daily index
- § 17.1-250. Correction of indexes
- § 17.1-251. Indexing of certain subdivision plats or maps
- § 17.1-252. Indexing by tax map reference number
- § 17.1-253. Committee to inquire into necessity of general index; report; plan adopted; locality to cover cost
- § 17.1-254. Validation of judgment records in office of clerk of Circuit Court of Norfolk
Article 4. ELECTRONIC FILING
Article 4.1. ELECTRONIC FILING
- § 17.1-258.2. Definition
- § 17.1-258.3. Electronic filing in civil or criminal proceedings
- § 17.1-258.3:1. Electronic filing of land records
- § 17.1-258.3:2. Official certificates and certified records in digital form
- § 17.1-258.4. Signature; when effective as original; notarization; seal
- § 17.1-258.5. Application
- § 17.1-258.6. Acceptability of electronic medium
Article 5. MASTER AND INCORPORATING DEEDS OF TRUST
- § 17.1-259. Recordation of master deed of trust; form and requisites
- § 17.1-260. Recordation, effect and requisites of incorporating deed
Article 6. NAMES, DISCHARGES, ETC., OF WAR SERVICE MEN
- § 17.1-261. Recordation of names of men who served during World War I
- § 17.1-262. Recordation of discharges of those who served in World War I
- § 17.1-263. World War I Memorial Record
- § 17.1-264. Recording information on discharges of World War II servicemen
- § 17.1-265. Recordation of evidence of discharge generally; confidentiality
Article 7. FEES
- § 17.1-266. Services rendered in Commonwealth's cases
- § 17.1-267. Services for which clerks may not charge
- § 17.1-268. Fee for effort to serve when person cannot be found
- § 17.1-269. To whom fees charged
- § 17.1-270. Officer to state fees, etc., on affidavit, deposition or report
- § 17.1-271. Deposit of money in bank
- § 17.1-272. Process and service fees generally
- § 17.1-273. Establishment and disposition of fees collected by certain high constable
- § 17.1-274. Commission on forthcoming bond
- § 17.1-275. Fees collected by clerks of circuit courts; generally
- § 17.1-275.1. Fixed felony fee
- § 17.1-275.2. Fixed fee for felony reduced to misdemeanor
- § 17.1-275.3. Fixed felony revocation fee
- § 17.1-275.4. Fixed misdemeanor reduced from felony revocation fee
- § 17.1-275.5. Amounts to be added; judgment in favor of the Commonwealth
- § 17.1-275.6. Fees collected from court reporter fund
- § 17.1-275.7. Fixed misdemeanor fee
- § 17.1-275.8. Fixed drug misdemeanor fee
- § 17.1-275.9. Fixed misdemeanor revocation fee
- § 17.1-275.10. Additional fee
- § 17.1-275.11. Additional fee assessed for conviction of certain offenses
- § 17.1-275.11:1. Additional fee assessed for conviction requiring computer analysis
- § 17.1-275.12. Additional fee for Internet Crimes Against Children Fund
- § 17.1-276. Fee allowed for providing secure remote access to land records
- § 17.1-277. Repealed
- § 17.1-278. Additional fees in certain courts; use by Virginia State Bar
- § 17.1-279. Additional fee to be assessed by circuit court clerks for information technology
- § 17.1-279.1. Additional assessment for electronic summons system
- § 17.1-280. What costs chargeable against prosecutor
- § 17.1-281. Assessment for courthouse construction, renovation or maintenance
- § 17.1-282. Reserved
- § 17.1-283. Statements required of clerks of courts of record; exceptions
- § 17.1-284. How excess payable into state or local treasury determined
- § 17.1-285. Payment of excess
- § 17.1-286. Disposition of state funds locally collected
- § 17.1-287. Salaries of clerks of circuit courts
- § 17.1-288. Compensation and expenses of clerks of circuit courts in Cities of Richmond and Newport News
- § 17.1-289. Commission on certain local collections not otherwise provided for
- § 17.1-290. Contracts by cities
- § 17.1-291. Penalty for officers
Article 8. SECURE REMOTE ACCESS
- § 17.1-292. Applicability; definitions
- § 17.1-293. Posting and availability of certain information on the Internet; prohibitions
- § 17.1-294. Secure remote access to land records
- § 17.1-295. Definitions
Article 1. COMPOSITION, JURISDICTION, ETC
- § 17.1-300. Composition of Court; quorum; Chief Justice
- § 17.1-301. Presiding justice when Chief Justice absent
- § 17.1-302. Senior justice
- § 17.1-303. Election of successor justice before date of vacancy
- § 17.1-304. Terms and sessions, state of emergency
- § 17.1-305. Special sessions
- § 17.1-306. What may be tried at special session; effect of decisions
- § 17.1-307. Information and recommendations as to other courts
- § 17.1-308. Court may sit and render final judgment en banc or in divisions; when decision becomes judgment of Court; majority must concur in declaring law unconstitutional; rehearings
- § 17.1-309. Jurisdiction of writs of mandamus and prohibition
- § 17.1-310. Habeas corpus, appeals, writs of error and supersedeas
- § 17.1-311. Where prohibition and mandamus issued and tried
- § 17.1-312. Where criminal jurisdiction exercised
- § 17.1-313. Review of death sentence
- § 17.1-314. Executive Secretary
- § 17.1-315. Duties of Executive Secretary
- § 17.1-316. Printing and binding reports of Supreme Court
- § 17.1-317. Printing and distribution of advance sheets of such reports
- § 17.1-318. Repealed
- § 17.1-319. Custody and distribution of reports of Supreme Court; Court of Appeals
- § 17.1-320. Furnishing reports to law libraries destroyed by fire
- § 17.1-321. Reporter of Court; his appointment and salary
- § 17.1-322. Duties
- § 17.1-323. Clerk to deliver opinions to Reporter
Article 2. COMPENSATION AND EXPENSES; FEES
- § 17.1-324. Justices of Supreme Court
- § 17.1-325. Clerk and deputy clerks of Supreme Court
- § 17.1-326. Reporter of Supreme Court
- § 17.1-327. Payment for services of retired judges; members of the State Corporation Commission and Virginia Workers' Compensation Commission
- § 17.1-328. Fees charged and collected by Clerk of Supreme Court
- § 17.1-329. Disposition of fees of Clerk of Supreme Court
Article 3. DECLARATION OF JUDICIAL EMERGENCY.
Chapter 4. THE COURT OF APPEALS- § 17.1-400. Creation and organization; election and terms of judges; oath; vacancies; qualifications; incompatible activities prohibited; chief judge
- § 17.1-401. Senior judge
- § 17.1-402. Sessions; panels; quorum; presiding judges; hearings en banc
- § 17.1-403. Rules of practice, procedure, and internal processes; promulgation by Supreme Court; amendments; summary disposition of appeals without merit
- § 17.1-404. Original jurisdiction in matters of contempt and injunctions, writs of mandamus, prohibition and habeas corpus
- § 17.1-405. Appellate jurisdiction -- Administrative agency, Virginia Workers' Compensation Commission, and domestic relations appeals
- § 17.1-406. Petitions for appeal; cases over which Court of Appeals does not have jurisdiction
- § 17.1-407. Procedures on appeal
- § 17.1-408. Time for filing; notice; petition
- § 17.1-409. Certification to the Supreme Court
- § 17.1-410. Disposition of appeals; finality of decisions
- § 17.1-411. Review by the Supreme Court
- § 17.1-412. Affirmance, reversal, or modification of judgment; petition for appeal to Supreme Court upon award of new trial
- § 17.1-413. Opinions; reporting, printing and electronic publication
- § 17.1-414. Facilities and supplies
- § 17.1-415. Compensation for judges; expenses
- § 17.1-416. Clerk; seal; deputies and other employees; clerk's fees
- § 17.1-417. Support staff
- § 17.1-418. Fees charged by Clerk of the Court of Appeals
Article 1. ESTABLISHMENT; JURISDICTION; ETC
- § 17.1-500. Establishment of circuit courts
- § 17.1-501. Judges of circuit courts; selection, powers and duties of chief judges; exercise of appointive powers
- § 17.1-502. Administrator of circuit court system
- § 17.1-503. Rules of practice and procedure; rules not to preclude judges from hearing certain cases
- § 17.1-504. Reserved
- § 17.1-505. Circuit court of county to constitute circuit court of certain cities
- § 17.1-506. Judicial circuits
- § 17.1-507. Maximum number of judges; residence requirement; compensation; powers; etc
- § 17.1-508. Judges in new or changed circuits; ratifying, validating and confirming certain actions
- § 17.1-509. Vacancies in office of judge
- § 17.1-510. Election of judge of new circuit; how court held meanwhile
- § 17.1-511. Investigation and certification of necessity before vacancies filled
- § 17.1-512. Election of successor judge before date of vacancy
- § 17.1-513. Jurisdiction of circuit courts
- § 17.1-513.01. Jurisdiction of circuit courts with respect to charitable assets
- § 17.1-513.1. Appeals from administrative proceedings; abuse and neglect; record to be sealed
- § 17.1-513.2. Use of telephonic communication systems or electronic video and audio communication systems to conduct hearing
- § 17.1-514. When plaintiff entitled to less than $100; judgment for defendant
- § 17.1-515. Jurisdiction formerly in county courts
- § 17.1-516. Jurisdiction of courts over certain waters
- § 17.1-517. Number of terms; how fixed
- § 17.1-518. Special terms; when, how and by whom appointed
- § 17.1-519. Adjournment thereof to a future day
- § 17.1-520. What tried at a special term
- § 17.1-521. Who to hold special term; powers
- § 17.1-522. Adjournment of special term
- § 17.1-523. Salaries of judges of circuit courts
- § 17.1-524. Repealed
- § 17.1-600. Laws of costs not penal; discretion of courts of equity
- § 17.1-601. General rule as to recovery of costs on final judgment
- § 17.1-602. When successful plaintiff not to recover costs
- § 17.1-603. Costs when suit is in name of one person for another
- § 17.1-604. Costs in appellate courts
- § 17.1-605. Same; printing or otherwise reproducing brief and appendix
- § 17.1-606. Persons allowed services without fees or costs
- § 17.1-607. Security for costs upon suit by nonresident
- § 17.1-608. How obligor in such bond may obtain indemnity
- § 17.1-609. Costs on certain motions and interlocutory orders
- § 17.1-610. Payment of costs when new trial granted
- § 17.1-611. Allowances to witnesses for Commonwealth
- § 17.1-612. Allowances to other witnesses
- § 17.1-613. By whom and upon what certificate allowances to witnesses paid
- § 17.1-614. List of entries made on behalf of witnesses
- § 17.1-615. Time within which witnesses may be paid out of state treasury
- § 17.1-616. Restriction of costs for witnesses generally; when entry for witness not allowed
- § 17.1-617. Number of witnesses paid fees in criminal cases
- § 17.1-618. Allowances for jurors; expenses of keeping jury together; fees of jury commissioners and commissioner in chancery for drawing of juries
- § 17.1-619. How jurors paid
- § 17.1-620. When juror not entitled to compensation
- § 17.1-621. Clerk to make entry on minutes stating amount due and by whom payable
- § 17.1-622. Clerk to transmit orders making allowances to Supreme Court, treasurer and jurors
- § 17.1-623. Payment of allowances
- § 17.1-624. Who to tax costs
- § 17.1-625. Fee of one attorney only to be taxed
- § 17.1-626. Other items to be taxed in costs
- § 17.1-626.1. Recovery of costs in civil actions for bad checks
- § 17.1-627. Premium on indemnifying bond taxed as costs
- § 17.1-628. Judgment or decree for costs on behalf of Commonwealth; costs to be paid into state treasury
- § 17.1-629. No judgment for costs against Commonwealth; exception
- § 17.1-700. Composition of Council; committees
- § 17.1-701. Appointment and terms of members
- § 17.1-702. Meetings of Council and committees
- § 17.1-703. Presiding officer; study of procedure
- § 17.1-704. Expenses; Secretary and assistants; printing
- § 17.1-705. Report and recommendations
- § 17.1-705.1. Civil immunity for investigation of commissioners of accounts, etc
Article 2. JUDICIAL CONFERENCE OF VIRGINIA
- § 17.1-706. Establishment and membership
- § 17.1-707. President; executive committee
- § 17.1-708. Meetings
- § 17.1-709. Expenses of members
- § 17.1-800. Virginia Criminal Sentencing Commission created
- § 17.1-801. Purpose
- § 17.1-802. Membership; terms; compensation and expenses
- § 17.1-803. Powers and duties
- § 17.1-804. Meetings; staff support
- § 17.1-805. Adoption of initial discretionary sentencing guideline midpoints
- § 17.1-806. Sentencing guidelines modifications; effective date
- § 17.1-900. Definitions and application of chapter
- § 17.1-901. Commission created; membership and terms of office
- § 17.1-902. Powers and duties of Commission generally
- § 17.1-903. Officers and employees; experts and reporters; witnesses; legal counsel
- § 17.1-904. Compensation and expenses
- § 17.1-905. Annual report
- § 17.1-906. Jurisdiction of Supreme Court
- § 17.1-907. Oaths; inspection of books and records; subpoenas
- § 17.1-908. Scope of process
- § 17.1-909. Order compelling witness to attend and testify
- § 17.1-910. Depositions
- § 17.1-911. Suspension of judge
- § 17.1-912. Physical or mental examination
- § 17.1-913. Confidentiality of papers and proceedings
- § 17.1-914. Privilege
- § 17.1-915. Witness fees; mileage; exception
- § 17.1-916. Costs
- § 17.1-917. Assistance and information
- § 17.1-918. Transmission of certain information to Virginia State Bar, House and Senate Committees for Courts of Justice, and other members of the General Assembly
- § 17.1-919. Service of process; execution of orders
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