Va. Code Ann. § 17.1-267 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-267
Services for which clerks may not charge
Status: in_force

A. No clerk shall charge for taking bond from, administering oath to, or making or copying orders as to the appointment or qualification of any judge, magistrate, sheriff, treasurer, commissioner of the revenue, or of a deputy of any of them, or of any escheator, supervisor, or of a guardian or conservator, when his bond is in a penalty not exceeding $1,000.00, or for making or copying orders as to county allowances, or grand juries, and administering the necessary oaths.

B. No clerk shall charge for copying or making for or furnishing to the Department of Corrections or a federal probation officer a certified copy of a criminal judgment order or criminal sentencing order.

C. No clerk shall charge a fee for (i) executing any order of publication under § 17.1-626 ; (ii) keeping, preserving, and holding available for public inspection judgment records, and making entries in and indexing such judgments, or discharging, or marking satisfied, a lien under §§ 15.2-2604 , 15.2-2605 and 15.2-2120 ; (iii) docketing judgment on forfeited recognizance or bond under § 19.2-147 ; (iv) making out reports to the Central Criminal Records Exchange under § 19.2-390 ; (v) recording a lien in the miscellaneous lien book under § 43-42 or § 43-43 ; or (vi) filing an appraiser's report under § 56-436 .

D. No clerk shall charge a fee for (i) recording the reports of special receivers and commissioners as required by § 8.01-617 ; (ii) copying in the Induction and Discharge Record information obtained from draft boards or recording the discharge papers, or certified copy of such, of a person who has served in the armed forces of the United States; or (iii) receiving any mark of designation under § 59.1-103 .

E. No clerk shall charge a fee to an attorney for secure remote access to nonconfidential court records under Article 8 (§ 17.1-292 et seq.) when such attorney is certified by the Virginia Indigent Defense Commission in the jurisdiction served by such clerk, provided that such attorney is currently appointed to represent a defendant in such jurisdiction and agrees to continue accepting appointments in such jurisdiction.

If, after receiving secure remote access for nonconfidential court records, such attorney (i) is found to have abused such privilege of such secure remote access; (ii) is removed from the Virginia Indigent Defense Commission's court-appointed attorney list; or (iii) ceases to accept appointments for representation from the granting court, the clerk may terminate the agreement granting such secure remote access.

Code 1950, § 14-101; 1964, c. 386, § 14.1-90; 1972, c. 549; 1991, c. 46; 1992, c. 498; 1994, c. 432 ; 1997, c. 801 ; 1998, c. 872 ; 2026, cc. 159 , 160 .
Va. Code Ann. § 17.1-516 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-516
Jurisdiction of courts over certain waters
Status: in_force

Where any river, watercourse, or bay lies between any counties or any cities, or any county and city in this Commonwealth, the circuit courts for the counties and the cities, on each side, respectively, shall have concurrent territorial jurisdiction over so much thereof as shall be opposite to such counties and cities. And the circuit courts for counties and cities lying on the waters bounding the Commonwealth shall have concurrent territorial jurisdiction respectively over such waters opposite such counties and cities, as far as the jurisdiction of this Commonwealth extends. This section shall not apply to the City of Richmond.

Code 1919, § 5958, § 17-1; 1948, p. 151; 1998, c. 872 ; 2005, cc. 45 , 114 .
Va. Code Ann. § 17.1-611 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-611
Allowances to witnesses for Commonwealth
Status: in_force

All witnesses summoned for the Commonwealth shall be entitled to receive for each day's attendance all necessary tolls, and such reimbursement for his daily mileage as prescribed in § 2.2-2823 . All allowances to witnesses summoned on behalf of the Commonwealth shall be paid by the treasurer of the county or corporation in which the trial is held or in which the grand jury is summoned and the amount so paid by such treasurer shall be refunded to him out of the state treasury, on a certificate of the clerk of the court in which the trial was held or before which the grand jury was summoned.

Code 1950, § 14-186; 1954, c. 709; 1964, c. 386, § 14.1-189; 1972, c. 719; 1976, c. 308; 1977, c. 483; 1998, c. 872 .
Va. Code Ann. § 17.1-278 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-278
Additional fees in certain courts; use by Virginia State Bar
Status: in_force

In addition to the fees prescribed by § 16.1-69.48:2 and subdivision A 13 of § 17.1-275 and to be collected by the clerk of the circuit or general district court upon the filing of papers for the commencement of civil actions in such courts, the following additional fees shall be collected in all cities and counties in which civil legal representation is provided for the poor, without charge, by a nonprofit legal aid program organized under the auspices of the Virginia State Bar: (i) upon commencement of a civil action in such circuit court, an additional fee of $10 and (ii) upon commencement of a civil action in such general district court, an additional fee of $10.

The additional fees prescribed by this action shall be collected by the clerk at the time of the filing. The amounts so collected shall be paid by the clerk to the state treasury and credited as follows: (i) $9 to a special fund within the Virginia State Bar fund to be designated the Legal Aid Services Fund, and (ii) $1 to the general fund for funding of the district courts of the Commonwealth. Such amount for the district courts shall be used to assist indigent litigants. Such amounts credited to the Legal Aid Services Fund shall be disbursed by the Virginia State Bar by check from the State Treasurer upon a warrant of the Comptroller to nonprofit legal aid programs organized under the auspices of the Virginia State Bar through the Legal Services Corporation of Virginia to assist in defraying the costs of such programs. However, the additional fees prescribed by this section shall not be collected in actions initiated by any local government or by the Commonwealth.

1992, cc. 249, 749, § 14.1-125.1; 1998, c. 872 ; 2002, c. 318 ; 2004, c. 925 ; 2005, c. 681 ; 2006, c. 189 ; 2008, c. 692 .
Va. Code Ann. § 17.1-240 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-240
Recording by microphotographic or electronic process
Status: in_force

A procedural microphotographic process, digital reproduction, or any other micrographic process that stores images of documents in reduced size or in electronic format may be used to accomplish the recording of writings otherwise required by any provision of law to be spread in a book or retained in the circuit court clerk's office, including the civil and criminal order books, the Will Book or Fiduciary Account Book, the Juvenile Order Book, the Adoption Order Book, the Trust Fund Order Book, the Deed Book, the Plat Book, the Land Book, the Bond Book, the Judgment Docket Book, the Partnership or Assumed Name Certificate Book, marriage records, and financing statements. Any such micrographic, microphotographic, or electronic recording process shall meet archival standards as recommended by The Library of Virginia.

1977, c. 142, § 17-70.1; 1983, c. 293; 1997, c. 579 ; 1998, c. 872 ; 2005, c. 681 ; 2018, c. 523 .
Va. Code Ann. § 17.1-234 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-234
Documents to be recorded in "writings partially proved."
Status: in_force

All deeds and other instruments which have been only partially proved shall be recorded in a separate book to be known as "writings partially proved."

Code 1919, § 3393, § 17-66; 1920, p. 314; 1932, p. 334; 1998, c. 872 .
Va. Code Ann. § 17.1-128.1 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-128.1
Recording evidence and incidents of trial in certain misdemeanor cases
Status: in_force

In any misdemeanor case in circuit court for which no recording verbatim of the evidence and incidents of trial either by a court reporter or by mechanical or electronic devices approved by the court will be used, the court shall allow the defendant, the Commonwealth, or both to record the evidence and incidents of trial by mechanical or electronic device to aid counsel in producing a thorough, complete, and accurate written statement of facts in lieu of transcript for purposes of any appeal. The recording shall not be made a part of the record unless otherwise permitted.

2014, c. 78 .
Va. Code Ann. § 17.1-515.5 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-515.5
Designation of certain courtrooms within twenty-fifth circuit for trial of certain cases
Status: in_force

When it appears to one or more of the judges of the twenty-fifth judicial circuit that such use is appropriate, the courthouse of the Circuit Court of Augusta County may be used for the trial of civil and criminal cases when venue is laid in the City of Staunton; or the courthouse of the Circuit Court of the City of Staunton may be used for the trial of civil or criminal cases when venue is laid in the County of Augusta. However, jurors summoned to appear in any such courtroom shall reside in the jurisdiction where the venue is laid.

1984, c. 86, § 17-126.5.
Va. Code Ann. § 17.1-318 — Virginia Code / Title 17.1 / Chapter 3 / Article 1 / Section 17.1-318
Repealed
Status: repealed

Repealed by Acts 2003, c. 280 , cl. 2.
Va. Code Ann. § 17.1-321 — Virginia Code / Title 17.1 / Chapter 3 / Article 1 / Section 17.1-321
Reporter of Court; his appointment and salary
Status: in_force

The Supreme Court shall have authority to contract with some suitable person to report such of its decisions as the Court shall direct, at such compensation as may be appropriated by law for the purpose, payable in monthly installments.

The Court may at any time put an end to such contract and contract with another person for performing the service, upon the same terms.

Code 1919, §§ 5879 and 5882, §§ 17-113, 17-114; 1998, c. 872 .
Va. Code Ann. § 17.1-260 — Virginia Code / Title 17.1 / Chapter 2 / Article 5 / Section 17.1-260
Recordation, effect and requisites of incorporating deed
Status: in_force

Any person may record a deed of trust hereinafter referred to as an "incorporating deed," which incorporates by reference any one or more of the provisions of a master deed recorded in the same clerk's office. The provisions incorporated by reference shall be of the same force and effect and shall be as binding upon the parties to the incorporating deed and their successors in title as if fully set forth in the incorporating deed. No incorporating deed shall refer to more than one master deed.

1954, c. 8, § 17-83.4; 1998, c. 872 .
Va. Code Ann. § 17.1-410 — Virginia Code / Title 17.1 / Chapter 4 / Section 17.1-410
Disposition of appeals; finality of decisions
Status: in_force

A. Each appeal of right taken to the Court of Appeals and each appeal for which a petition for appeal has been granted shall be considered by a panel of the court.

When the Court of Appeals has (i) dismissed an appeal in any case in accordance with the Rules of Court or (ii) decided an appeal, its decision shall be final, without appeal to the Supreme Court, in:

1. Appeals in criminal cases pursuant to subsections A or E of § 19.2-398 and § 19.2-401 . Such finality of the Court of Appeals' decision shall not preclude a defendant, if he is convicted, from requesting the Court of Appeals or Supreme Court on direct appeal to reconsider an issue which was the subject of the pretrial appeal; and

2. Appeals involving involuntary treatment of prisoners pursuant to § 53.1-40.1 or 53.1-133.04 .

3. Appeals involving denial of a concealed handgun permit pursuant to § 18.2-308.08 .

B. All other decisions of the Court of Appeals shall be appealable to the Supreme Court in accordance with the provisions of § 17.1-411 .

1983, c. 413, § 17-116.07; 1984, c. 701; 1987, c. 710; 1988, c. 873; 1998, c. 872 ; 2000, c. 830 ; 2019, c. 809 ; 2021, Sp. Sess. I, c. 489 .
Va. Code Ann. § 17.1-416 — Virginia Code / Title 17.1 / Chapter 4 / Section 17.1-416
Clerk; seal; deputies and other employees; clerk's fees
Status: in_force

There shall be a clerk of the Court of Appeals, who shall be appointed by and serve at the pleasure of the Court of Appeals. The clerk shall adopt a separate seal of office for the Court of Appeals as approved by the Court of Appeals. The number and salaries of the deputies and other employees necessary to perform the duties of the Court of Appeals shall be fixed by the Court of Appeals. The Supreme Court by rule of court may promulgate uniform fees for services rendered by the clerk.

1983, c. 413, § 17-116.013; 1988, c. 391; 1998, c. 872 .
Va. Code Ann. § 17.1-231 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-231
Documents to be recorded in will book
Status: in_force

All wills, inventories, appraisements, lists of sales and settlements of accounts of executors, administrators, curators, trustees or other fiduciaries shall be recorded in a book to be known as the will book. Provided, that the judges of the several courts of the Commonwealth before whom fiduciaries qualify may, by order, prescribe that inventories, appraisements, accounts of sale and settlement of accounts of fiduciaries, together with all reports and decrees or orders, or portions thereof, proper to be recorded therewith, shall be recorded either in the current will book or in a book to be kept by the clerk for that purpose. Such courts may prescribe that the settlements of accounts of fiduciaries be recorded in the mode prescribed by § 64.2-1214 .

Code 1919, § 3393, § 17-63; 1920, p. 313; 1932, p. 333; 1998, c. 872 .
Va. Code Ann. § 17.1-503 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-503
Rules of practice and procedure; rules not to preclude judges from hearing certain cases
Status: in_force

A. The Supreme Court may formulate rules of practice and procedure for the circuit courts following consultation with the Chairmen of the House and Senate Committees for Courts of Justice and the executive committee of the Judicial Conference of Virginia for courts of record. Such rules, subject to the strict construction of the provisions of § 8.01-4 , which shall be the only rules of practice and procedure in the circuit courts of the Commonwealth, shall be included in the Code of Virginia as provided in § 8.01-3 , subject to revision by the General Assembly.

B. No rule shall hereafter be promulgated under the limitations of § 8.01-4 , or otherwise which would avoid or preclude the judge before whom an accused is arraigned in criminal cases from hearing all aspects of the case on its merits, or to avoid or preclude any judge in any case who has heard any part of the case on its merits, from hearing the case to its conclusion. However, another judge may hear portions of a case where a judge is required to disqualify himself, in cases in which a mistrial is declared, or in cases which have been reversed on appeal, or in the event of sickness, disability or vacation of the judge. The parties to any suit, action, cause or prosecution may waive the provisions of this section. Such waiver shall be entered of record.

C. In its rules of practice and procedure for the circuit courts, the Supreme Court shall include rules relating to court decisions on any order of quarantine or isolation issued by the State Health Commissioner pursuant to Article 3.02 (§ 32.1-48.05 et seq.) of Chapter 2 of Title 32.1 that shall ensure, to the extent possible, that such hearings are held in a manner that will protect the health and safety of individuals subject to any such order of quarantine or isolation, court personnel, counsels, witnesses, and the general public. The rules shall also provide for expedited reviews by the Court of Appeals of decisions by any circuit court and by the Supreme Court of decisions of the Court of Appeals relating to appeals of any order of quarantine or isolation.

1973, c. 544, § 17-116.4; 1976, c. 212; 1998, c. 872 ; 2004, cc. 773 , 1021 ; 2021, Sp. Sess. I, c. 489 .
Va. Code Ann. § 17.1-308 — Virginia Code / Title 17.1 / Chapter 3 / Article 1 / Section 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
Status: in_force

The Supreme Court may sit and render final judgment en banc or in divisions, as may be prescribed by rules of the Court not inconsistent with the provisions of this section. No decision shall become the judgment of the Court, however, except on the concurrence of at least three justices, and no law shall be declared unconstitutional under either the Constitution of Virginia or the Constitution of the United States except on the concurrence of at least a majority of all justices of the Supreme Court. If the justices composing any division differ as to the judgment to be rendered in any cause or if any justice of such division, within a time and in a manner to be fixed by the rules of the Court, shall certify that in his opinion any decision of such division of the Court is in conflict with a prior decision of the Court, or of one of the divisions thereof, the case shall be reheard and decided by the Court sitting en banc.

Code 1919, § 5862, § 17-94; 1938, p. 133; 1971, Ex. Sess., c. 51; 1998, c. 872 .
Va. Code Ann. § 17.1-132 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-132
Courts Technology Fund
Status: in_force

A. There is hereby established the Courts Technology Fund as a special nonreverting fund to be administered by the Supreme Court of Virginia. A portion of the sums collected pursuant to §§ 16.1-69.48:2 , 17.1-275 , 17.1-328 , and 17.1-418 as specified in each section shall be deposited into the state treasury to the credit of the Fund.

B. The Fund shall be established on the books of the Comptroller. Any funds remaining in the Fund at the end of the biennium shall not revert to the general fund, but shall remain in the Fund. Interest earned on the Fund shall be credited to the Fund. Except for transfers pursuant to this section, there shall be no transfers out of the Fund, including transfers to the general fund.

C. Money in the Fund shall be allocated at the direction of the Supreme Court of Virginia to staff, advance, update, maintain, replace, repair, and support the telecommunications and technology systems of the judicial system. The revenue raised in support of the Fund shall not be used to supplant current funding to the judicial branch.

2006, cc. 623 , 718 .
Va. Code Ann. § 17.1-805 — Virginia Code / Title 17.1 / Chapter 8 / Section 17.1-805
Adoption of initial discretionary sentencing guideline midpoints
Status: in_force

A. The Commission shall adopt an initial set of discretionary felony sentencing guidelines which shall become effective on January 1, 1995. The initial recommended sentencing range for each felony offense shall be determined first, by computing the actual time-served distribution for similarly situated offenders, in terms of their conviction offense and prior criminal history, released from incarceration during the base period of calendar years 1988 through 1992, increased by 13.4 percent, and second, by eliminating from this range the upper and lower quartiles. The midpoint of each initial recommended sentencing range shall be the median time served for the middle two quartiles and subject to the following additional enhancements:

1. The midpoint of the initial recommended sentencing range for first degree murder, second degree murder, rape in violation of § 18.2-61 , forcible sodomy, object sexual penetration, and aggravated sexual battery shall be further increased by (i) 125 percent in cases in which the defendant has no previous conviction of a violent felony offense; (ii) 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years; or (iii) 500 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of 40 years or more, except that the recommended sentence for a defendant convicted of first degree murder who has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more shall be imprisonment for life;

2. The midpoint of the initial recommended sentencing range for voluntary manslaughter, robbery, aggravated malicious wounding, malicious wounding, and any burglary of a dwelling house or statutory burglary of a dwelling house or any burglary committed while armed with a deadly weapon or any statutory burglary committed while armed with a deadly weapon shall be further increased by (i) 100 percent in cases in which the defendant has no previous conviction of a violent felony offense, (ii) 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of less than 40 years, or (iii) 500 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more;

3. The midpoint of the initial recommended sentencing range for manufacturing, selling, giving, or distributing, or possessing with the intent to manufacture, sell, give, or distribute a Schedule I or II controlled substance, shall be increased by (i) 200 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years or (ii) 400 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more; and

4. The midpoint of the initial recommended sentencing range for felony offenses not specified in subdivision 1, 2, or 3 shall be increased by 100 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years and by 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more.

B. For purposes of this chapter, previous convictions shall include prior adult convictions and juvenile convictions and adjudications of delinquency based on an offense which would have been at the time of conviction a felony if committed by an adult under the laws of any state, the District of Columbia, or the United States or its territories.

C. For purposes of this chapter, violent felony offenses shall include any felony violation of § 16.1-253.2 ; solicitation to commit murder under § 18.2-29 ; any violation of § 18.2-31 , 18.2-32 , 18.2-32.1 , 18.2-32.2 , 18.2-33 , or 18.2-35 ; any violation of subsection B of § 18.2-36.1 ; any violation of § 18.2-40 or 18.2-41 ; any violation of clause (c)(i) or (ii) of subsection B of § 18.2-46.3 ; any violation of § 18.2-46.5 , 18.2-46.6 , or 18.2-46.7 ; any Class 5 felony violation of § 18.2-47 ; any felony violation of § 18.2-48 , 18.2-48.1 , or 18.2-49 ; any violation of § 18.2-51 , 18.2-51.1 , 18.2-51.2 , 18.2-51.3 , 18.2-51.4 , 18.2-51.6 , 18.2-52 , 18.2-52.1 , 18.2-53 , 18.2-53.1 , 18.2-54.1 , 18.2-54.2 , or 18.2-55 ; any violation of subsection B of § 18.2-57 ; any felony violation of § 18.2-57.2 ; any violation of § 18.2-58 or 18.2-58.1 ; any felony violation of § 18.2-60.1 , 18.2-60.3 , or 18.2-60.4 ; any violation of § 18.2-61 , 18.2-64.1 , 18.2-67.1 , 18.2-67.2 , former § 18.2-67.2:1 , 18.2-67.3 , 18.2-67.5 , or 18.2-67.5:1 involving a third conviction of either sexual battery in violation of § 18.2-67.4 or attempted sexual battery in violation of subsection C of § 18.2-67.5 ; any Class 4 felony violation of § 18.2-63 ; any violation of subsection A of § 18.2-67.4:1 ; any violation of subsection A of § 18.2-77 ; any Class 3 felony violation of § 18.2-79 ; any Class 3 felony violation of § 18.2-80 ; any violation of § 18.2-85 , 18.2-89 , 18.2-90 , 18.2-91 , 18.2-92 , or 18.2-93 ; any felony violation of § 18.2-152.7 ; any Class 4 felony violation of § 18.2-153 ; any Class 4 felony violation of § 18.2-154 ; any Class 4 felony violation of § 18.2-155 ; any felony violation of § 18.2-162 ; any violation of § 18.2-279 involving an occupied dwelling; any felony violation of subsection A or B of § 18.2-280 ; any violation of § 18.2-281 ; any felony violation of subsection A of § 18.2-282 ; any felony violation of § 18.2-282.1 ; any violation of § 18.2-286.1 , 18.2-287.2 , 18.2-289 , or 18.2-290 ; any violation of subsection A of § 18.2-300 ; any felony violation of subsection C of § 18.2-308.1 or § 18.2-308.2 ; any violation of § 18.2-308.2:1 or subsection M or N of § 18.2-308.2:2 ; any violation of § 18.2-308.3 or 18.2-312 ; any former felony violation of § 18.2-346 ; any felony violation of § 18.2-346.01 , 18.2-348 , or 18.2-349 ; any violation of § 18.2-355 , 18.2-356 , 18.2-357 , or 18.2-357.1 ; any violation of former § 18.2-358 ; any violation of subsection B of § 18.2-361 ; any violation of subsection B of § 18.2-366 ; any violation of § 18.2-368 , 18.2-370 , or 18.2-370.1 ; any violation of subsection A of § 18.2-371.1 ; any felony violation of § 18.2-369 resulting in serious bodily injury or disease; any violation of § 18.2-374.1 ; any felony violation of § 18.2-374.1:1 ; any felony violation of § 18.2-374.3 or 18.2-374.4 ; any second or subsequent offense under §§ 18.2-379 and 18.2-381 ; any felony violation of § 18.2-405 or 18.2-406 ; any violation of § 18.2-408 , 18.2-413 , 18.2-414 , 18.2-423 , 18.2-423.01 , 18.2-423.1 , 18.2-423.2 , or 18.2-433.2 ; any felony violation of § 18.2-460 , 18.2-474.1 , or 18.2-477.1 ; any violation of § 18.2-477 , 18.2-478 , 18.2-480 , 18.2-481 , or 18.2-485 ; any violation of § 37.2-917 ; any violation of § 52-48 ; any violation of § 53.1-203 ; any conspiracy or attempt to commit any offense specified in this subsection, or any substantially similar offense under the laws of any state, the District of Columbia, or the United States or its territories.

1994, Sp. Sess. II., cc. 1 , 2 , § 17-237; 1995, c. 482 ; 1998, cc. 277 , 872 ; 1999, c. 349 ; 2004, cc. 459 , 866 ; 2005, c. 631 ; 2011, c. 282 ; 2013, cc. 424 , 647 ; 2015, cc. 690 , 691 ; 2019, c. 617 ; 2021, Sp. Sess. I, c. 188 ; 2025, c. 261 .
Va. Code Ann. § 17.1-909 — Virginia Code / Title 17.1 / Chapter 9 / Section 17.1-909
Order compelling witness to attend and testify
Status: in_force

If any person refuses to attend or testify or produce any writings or things required by any such subpoena, the Commission may petition any court of record in the Commonwealth for an order compelling such person to attend and testify or produce the writings or things required by the subpoena before the Commission. The court shall order such person to appear before it at a specified time and place and show cause why he had not attended or testified or produced the writings or things as required. A copy of the order shall be served upon him. If it appears to the court that the subpoena was regularly issued, the court shall order such person to appear before the Commission at the time and place fixed in the order and testify or produce the required writings or things. Upon failure to obey the order, such person shall be dealt with by such court as for contempt of court.

All process in any such case may be served in the manner prescribed by law for service of process in civil actions.

1971, Ex. Sess., c. 154, § 2.1-37.11; 2001, c. 844 .
Va. Code Ann. § 17.1-626.1 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-626.1
Recovery of costs in civil actions for bad checks
Status: in_force

A. In any civil action by a holder to recover the sum payable of a check drawn by the defendant on which payment has been refused by the payor bank because the drawer had no account or insufficient funds, or in any civil action following an arrest under § 18.2-181 or 18.2-182 , the court, upon a determination that the plaintiff has prevailed, shall add the following amounts, as costs, to the amount due to the plaintiff for the check: (i) the sum of $30 to defray the cost of processing the returned check; and (ii) the base wage of one employee for time actually spent acting as a witness for the Commonwealth; provided, however, that the total amount of allowable costs granted under the provisions of this section shall not exceed the sum of $250 excluding restitution for the amount of the check.

B. Such award of costs shall be contingent upon a finding (i) that the plaintiff complied with the provisions in § 18.2-183 relating to notice and (ii) that the defendant failed to deliver payment or evidence of bank error to the plaintiff within five days after receipt of such notice.

1977, c. 329, § 6.1-118.1; 2010, cc. 343 , 794 .
Va. Code Ann. § 17.1-614 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-614
List of entries made on behalf of witnesses
Status: in_force

The clerk shall, immediately after the adjournment of any court, make out two lists of all entries made on behalf of witnesses attending for the Commonwealth, and certify one to the Supreme Court and the other to the county or city treasurer, to which lists shall be attached a certificate to the correctness of the allowances therein and the aggregate amount thereof signed by the judge of the court and by the clerk. Any dispute before or after issuing the certificate between the witness and the party against whom his claim is made as to its justice or amount may, when the case is in a court, be determined by such court. The Comptroller shall not issue a warrant for any claim allowed by a court to a witness unless it appears upon the list certified as herein provided, and, upon the payment of any such claim, the date of approval by the Supreme Court shall be noted on such list.

Code 1950, § 14-189; 1964, c. 386, § 14.1-192; 1978, c. 195; 1998, c. 872 .
Va. Code Ann. § 17.1-406 — Virginia Code / Title 17.1 / Chapter 4 / Section 17.1-406
Appeals in criminal matters; cases over which Court of Appeals does not have jurisdiction
Status: in_force

A. Any aggrieved party may appeal to the Court of Appeals from any final conviction in a circuit court of a traffic infraction or a crime. The Commonwealth or any county, city, or town may petition the Court of Appeals for an appeal pursuant to this subsection in any case in which such party previously could have petitioned the Supreme Court for a writ of error under § 19.2-317 . The Commonwealth may also petition the Court of Appeals for an appeal in a criminal case pursuant to § 19.2-398 .

B. In accordance with other applicable provisions of law, appeals lie directly to the Supreme Court from a final decision, judgment, or order of a circuit court involving a petition for a writ of habeas corpus; from any action collaterally attacking a criminal conviction, including a motion filed under § 8.01-428 ; from any final finding, decision, order, or judgment of the State Corporation Commission; and from proceedings under §§ 54.1-3935 and 54.1-3937 . Complaints of the Judicial Inquiry and Review Commission shall be filed with the Supreme Court of Virginia. The Court of Appeals shall not have jurisdiction over any cases or proceedings described in this subsection.

1984, c. 701, § 17-116.05:1; 1985, c. 371; 1987, cc. 707, 710; 1988, c. 873; 1998, c. 872 ; 2007, c. 889 ; 2013, c. 746 ; 2019, c. 809 ; 2021, Sp. Sess. I, cc. 344 , 345 , 489 ; 2023, cc. 314 , 315 .
Va. Code Ann. § 17.1-513 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-513
Jurisdiction of circuit courts
Status: in_force

The circuit courts shall have jurisdiction of proceedings by quo warranto or information in the nature of quo warranto and to issue writs of mandamus, prohibition and certiorari to all inferior tribunals created or existing under the laws of the Commonwealth, and to issue writs of mandamus in all matters of proceedings arising from or pertaining to the action of the boards of supervisors or other governing bodies of the several counties for which such courts are respectively held or in other cases in which it may be necessary to prevent the failure of justice and in which mandamus may issue according to the principles of common law. They shall have appellate jurisdiction in all cases, civil and criminal, in which an appeal may, as provided by law, be taken from the judgment or proceedings of any inferior tribunal.

They shall have original and general jurisdiction of all civil cases, except cases upon claims to recover personal property or money not of greater value than $100, exclusive of interest, and except such cases as are assigned to some other tribunal; also in all cases for the recovery of fees in excess of $100; penalties or cases involving the right to levy and collect toll or taxes or the validity of an ordinance or bylaw of any corporation; and also, of all cases, civil or criminal, in which an appeal may be had to the Court of Appeals.

They shall have jurisdiction to hear motions filed for the purpose of modifying, dissolving, or extending a protective order pursuant to § 16.1-279.1 or 19.2-152.10 if the circuit court issued such order, unless the circuit court remanded the matter to the jurisdiction of the juvenile and domestic relations district court in accordance with § 16.1-297 . They shall also have original jurisdiction of all indictments for felonies and of presentments, informations and indictments for misdemeanors. They shall also have jurisdiction for bail hearings pursuant to §§ 19.2-327.2:1 and 19.2-327.10:1 .

Upon certification by the district court of any felony charge and ancillary misdemeanor charge or traffic infraction or when an appeal of a conviction of an offense in district court is noted, jurisdiction as to such charges shall vest in the circuit court, unless such case is reopened pursuant to § 16.1-133.1 ; a final judgment, order, or decree is modified, vacated, or suspended pursuant to Supreme Court of Virginia Rule 1:1; or the appeal has been withdrawn in the district court within 10 days pursuant to § 16.1-133 .

They shall have appellate jurisdiction of all cases, civil and criminal, in which an appeal, writ of error or supersedeas may, as provided by law, be taken to or allowed by such courts, or the judges thereof, from or to the judgment or proceedings of any inferior tribunal. They shall also have jurisdiction of all other matters, civil and criminal, made cognizable therein by law and when a motion to recover money is allowed in such tribunals, they may hear and determine the same, although it is to recover less than $100.

While a matter is pending in a circuit court, upon motion of the plaintiff seeking to decrease the amount of the claim to within the exclusive or concurrent jurisdiction of the general district court as described in subdivision 1 of § 16.1-77 , the circuit court shall order transfer of the matter to the general district court that has jurisdiction over the amended amount of the claim without requiring that the case first be dismissed or that the plaintiff suffer a nonsuit, and the tolling of the applicable statutes of limitations governing the pending matter shall be unaffected by the transfer. Except for good cause shown, no such order of transfer shall issue unless the motion to amend and transfer is made at least 10 days before trial. The plaintiff shall pay filing and other fees as otherwise provided by law to the clerk of the court to which the case is transferred, and such clerk shall process the claim as if it were a new civil action. The plaintiff shall prepare and present the order of transfer to the transferring court for entry, after which time the case shall be removed from the pending docket of the transferring court and the order of transfer placed among its records. The plaintiff shall provide a certified copy of the transfer order to the receiving court.

Code 1919, § 5890, § 17-123; 1928, p. 1164; 1973, c. 544; 1977, c. 624; 1998, c. 872 ; 2005, c. 681 ; 2012, cc. 152 , 261 ; 2015, c. 66 ; 2020, c. 903 ; 2021, Sp. Sess. I, cc. 187 , 489 ; 2026, c. 363 .
Va. Code Ann. § 17.1-616 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-616
Restriction of costs for witnesses generally; when entry for witness not allowed
Status: in_force

The court may restrict the taxation in the costs for witnesses to so many as may be deemed just. No entry for a witness shall be made against a party recovering costs, after execution has issued for such party. In no case shall there be an entry of a witness for attendance at a term, after sixty days from the end of such term.

Code 1950, § 14-191; 1964, c. 386, § 14.1-194; 1998, c. 872 .
Va. Code Ann. § 17.1-275 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-275
Fees collected by clerks of circuit courts; generally
Status: in_force

A. A clerk of a circuit court shall, for services performed by virtue of his office, charge the following fees:

1. [Repealed.]

2. For recording and indexing in the proper book any writing and all matters therewith, or for recording and indexing anything not otherwise provided for, $18 for an instrument or document consisting of 10 or fewer pages or sheets; $32 for an instrument or document consisting of 11 to 30 pages or sheets; and $52 for an instrument or document consisting of 31 or more pages or sheets. Whenever any writing to be recorded includes plat or map sheets no larger than eight and one-half inches by 14 inches, such plat or map sheets shall be counted as ordinary pages for the purpose of computing the recording fee due pursuant to this section. A fee of $17 per page or sheet shall be charged with respect to plat or map sheets larger than eight and one-half inches by 14 inches. Only a single fee as authorized by this subdivision shall be charged for recording a certificate of satisfaction that releases the original deed of trust and any corrected or revised deeds of trust. Three dollars and fifty cents of the fee collected for recording and indexing shall be designated for use in preserving the permanent records of the circuit courts. The sum collected for this purpose shall be administered by The Library of Virginia in cooperation with the circuit court clerks.

3. For appointing and qualifying any personal representative, committee, trustee, guardian, or other fiduciary, in addition to any fees for recording allowed by this section, $20 for estates not exceeding $50,000, $25 for estates not exceeding $100,000 and $30 for estates exceeding $100,000. No fee shall be charged for estates of $5,000 or less.

4. For entering and granting and for issuing any license, other than a marriage license or a hunting and fishing license, and administering an oath when necessary, $10.

5. For issuing a marriage license, attaching certificate, administering or receiving all necessary oaths or affidavits, indexing and recording, $10. For recording an order to celebrate the rites of marriage pursuant to § 20-25 , $25 to be paid by the petitioner.

6. For making out any bond, other than those under § 17.1-267 or subdivision A 4, administering all necessary oaths and writing proper affidavits, $3.

7. For all services rendered by the clerk in any garnishment or attachment proceeding, the clerk's fee shall be $15 in cases not exceeding $500 and $25 in all other cases.

8. For making out a copy of any paper, record, or electronic record to go out of the office, which is not otherwise specifically provided for herein, a fee of $0.50 for each page or, if an electronic record, each image. From such fees, the clerk shall reimburse the locality the costs of making out the copies and pay the remaining fees directly to the Commonwealth. The funds to recoup the cost of making out the copies shall be deposited with the county or city treasurer or Director of Finance, and the governing body shall budget and appropriate such funds to be used to support the cost of copies pursuant to this subdivision. For purposes of this section, the costs of making out the copies authorized under this section shall include costs included in the lease and maintenance agreements for the equipment and the technology needed to operate electronic systems in the clerk's office used to make out the copies, but shall not include salaries or related benefits. The costs of copies shall otherwise be determined in accordance with § 2.2-3704 . However, there shall be no charge to the recipient of a final order or decree to send an attested copy to such party.

9. For annexing the seal of the court to any paper, writing the certificate of the clerk accompanying it, the clerk shall charge $2 and for attaching the certificate of the judge, if the clerk is requested to do so, the clerk shall charge an additional $0.50.

10. In any case in which a person is convicted of a violation of any provision of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 or is subject to a disposition under § 18.2-251 , the clerk shall assess a fee of $150 for each felony conviction and each felony disposition under § 18.2-251 which shall be taxed as costs to the defendant and shall be paid into the Drug Offender Assessment and Treatment Fund.

11. In any case in which a person is convicted of a violation of any provision of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 or is subject to a disposition under § 18.2-251 , the clerk shall assess a fee for each misdemeanor conviction and each misdemeanor disposition under § 18.2-251 , which shall be taxed as costs to the defendant and shall be paid into the Drug Offender Assessment and Treatment Fund as provided in § 17.1-275.8 .

12. Upon the defendant's being required to successfully complete traffic school, a mature driver motor vehicle crash prevention course, or a driver improvement clinic in lieu of a finding of guilty, the court shall charge the defendant fees and costs as if he had been convicted.

13. In all civil actions that include one or more claims for the award of monetary damages the clerk's fee chargeable to the plaintiff shall be $100 in cases seeking recovery not exceeding $49,999; $200 in cases seeking recovery exceeding $49,999, but not exceeding $100,000; $250 in cases seeking recovery exceeding $100,000, but not exceeding $500,000; and $300 in cases seeking recovery exceeding $500,000. Ten dollars of each such fee shall be apportioned to the Courts Technology Fund established under § 17.1-132 . A fee of $25 shall be paid by the plaintiff at the time of instituting a condemnation case, in lieu of any other fees. There shall be no fee charged for the filing of a cross-claim or setoff in any pending action. However, the fees prescribed by this subdivision shall be charged upon the filing of a counterclaim or a claim impleading a third-party defendant. The fees prescribed above shall be collected upon the filing of papers for the commencement of civil actions. This subdivision shall not be applicable to cases filed in the Supreme Court of Virginia.

13a. For the filing of any petition seeking court approval of a settlement where no action has yet been filed, the clerk's fee, chargeable to the petitioner, shall be $50, to be paid by the petitioner at the time of filing the petition.

14. In addition to the fees chargeable for civil actions, for the costs of proceedings for judgments by confession under §§ 8.01-432 through 8.01-440 , the clerk shall tax as costs (i) the cost of registered or certified mail; (ii) the statutory writ tax, in the amount required by law to be paid on a suit for the amount of the confessed judgment; (iii) for the sheriff for serving each copy of the order entering judgment, $12; and (iv) for docketing the judgment and issuing executions thereon, the same fees as prescribed in subdivision A 17.

15. For qualifying notaries public, including the making out of the bond and any copies thereof, administering the necessary oaths, and entering the order, $10.

16. For each habeas corpus proceeding, the clerk shall receive $10 for all services required thereunder. This subdivision shall not be applicable to such suits filed in the Supreme Court of Virginia.

17. For docketing and indexing a judgment from any other court of the Commonwealth, for docketing and indexing a judgment in the new name of a judgment debtor pursuant to the provisions of § 8.01-451 , but not when incident to a divorce, for noting and filing the assignment of a judgment pursuant to § 8.01-452 , a fee of $5; and for issuing an abstract of any recorded judgment, when proper to do so, a fee of $5; and for filing, docketing, indexing and mailing notice of a foreign judgment, a fee of $20.

18. For all services rendered by the clerk in any court proceeding for which no specific fee is provided by law, the clerk shall charge $10, to be paid by the party filing said papers at the time of filing; however, this subdivision shall not be applicable in a divorce cause prior to and including the entry of a decree of divorce from the bond of matrimony.

19, 20. [Repealed.]

21. For making the endorsements on a forthcoming bond and recording the matters relating to such bond pursuant to the provisions of § 8.01-529 , $1.

22. For all services rendered by the clerk in any proceeding pursuant to § 57-8 or 57-15 , $10.

23. For preparation and issuance of a subpoena duces tecum, $5.

24. For all services rendered by the clerk in matters under § 8.01-217 relating to change of name, $20; however, this subdivision shall not be applicable in cases where the change of name is incident to a divorce.

25. For providing court records or documents on microfilm, per frame, $0.50.

26. In all divorce and separate maintenance proceedings, and all civil actions that do not include one or more claims for the award of monetary damages, the clerk's fee chargeable to the plaintiff shall be $60, $10 of which shall be apportioned to the Courts Technology Fund established under § 17.1-132 to be paid by the plaintiff at the time of instituting the suit, which shall include the furnishing of a duly certified copy of the final decree. The fees prescribed by this subdivision shall be charged upon the filing of a counterclaim or a claim impleading a third-party defendant. However, no fee shall be charged for (i) the filing of a cross-claim or setoff in any pending suit or (ii) the filing of a counterclaim or any other responsive pleading in any annulment, divorce, or separate maintenance proceeding. In divorce cases, when there is a merger of a divorce of separation a mensa et thoro into a decree of divorce a vinculo, the above mentioned fee shall include the furnishing of a duly certified copy of both such decrees.

27. For the acceptance of credit or debit cards in lieu of money to collect and secure all fees, including filing fees, fines, restitution, forfeiture, penalties and costs, the clerk shall collect from the person presenting such credit or debit card a reasonable convenience fee for the processing of such credit or debit card. Such convenience fee shall not exceed four percent of the amount paid for the transaction or a flat fee of $2 per transaction. The clerk may set a lower convenience fee for electronic filing of civil or criminal proceedings pursuant to § 17.1-258.3 . Nothing herein shall be construed to prohibit the clerk from outsourcing the processing of credit and debit card transactions to a third-party private vendor engaged by the clerk. Convenience fees shall be used to cover operational expenses as defined in § 17.1-295 .

28. For the return of any check unpaid by the financial institution on which it was drawn or notice is received from the credit or debit card issuer that payment will not be made for any reason, the clerk may collect a fee of $50 or 10 percent of the amount of the payment, whichever is greater.

29. For all services rendered, except in cases in which costs are assessed pursuant to § 17.1-275.1 , 17.1-275.2 , 17.1-275.3 , or 17.1-275.4 , in an adoption proceeding, a fee of $20, in addition to the fee imposed under § 63.2-1246 , to be paid by the petitioner or petitioners. For each petition for adoption filed pursuant to § 63.2-1201 , except those filed pursuant to subdivisions 4 and 5 of § 63.2-1210 , an additional $50 filing fee as required under § 63.2-1201 shall be deposited in the Virginia Birth Father Registry Fund pursuant to § 63.2-1249 .

30. For issuing a duplicate license for one lost or destroyed as provided in § 29.1-334 , a fee in the same amount as the fee for the original license.

31. For the filing of any petition as provided in §§ 33.2-1023 , 33.2-1024 , and 33.2-1027 , a fee of $5 to be paid by the petitioner; and for the recordation of a certificate or copy thereof, as provided for in § 33.2-1021 , as well as for any order of the court relating thereto, the clerk shall charge the same fee as for recording a deed as provided for in this section, to be paid by the party upon whose request such certificate is recorded or order is entered.

32. For making up, certifying and transmitting original record pursuant to the Rules of the Supreme Court, including all papers necessary to be copied and other services rendered, except in cases in which costs are assessed pursuant to § 17.1-275.1 , 17.1-275.2 , 17.1-275.3 , 17.1-275.4 , 17.1-275.7 , 17.1-275.8 , or 17.1-275.9 , a fee of $20.

33. [Repealed.]

34. For filings, etc., under the Uniform Federal Lien Registration Act (§ 55.1-653 et seq.), the fees shall be as prescribed in that Act.

35. [Repealed.]

36. For recordation of certificate and registration of names of nonresident owners in accordance with § 59.1-74 , a fee of $10.

37. For maintaining the information required under the Overhead High Voltage Line Safety Act (§ 59.1-406 et seq.), the fee as prescribed in § 59.1-411 .

38. For lodging, indexing, and preserving a will in accordance with § 64.2-409 , a fee of $5.

39. For filing a financing statement in accordance with § 8.9A-505 , the fee shall be as prescribed under § 8.9A-525 .

40. For filing a termination statement in accordance with § 8.9A-513 , the fee shall be as prescribed under § 8.9A-525 .

41. For filing assignment of security interest in accordance with § 8.9A-514 , the fee shall be as prescribed under § 8.9A-525 .

42. For filing a petition as provided in §§ 64.2-2001 and 64.2-2013 , the fee shall be $10.

43. For issuing any execution, and recording the return thereof, a fee of $1.50.

44. For the preparation and issuance of a summons for interrogation by an execution creditor, a fee of $5. If there is no outstanding execution, and one is requested herewith, the clerk shall be allowed an additional fee of $1.50, in accordance with subdivision A 44.

B. In accordance with § 17.1-281 , the clerk shall collect fees under subdivisions A 7, A 13, A 16, A 18 if applicable, A 20, A 22, A 24, A 26, A 29, and A 31 to be designated for courthouse construction, renovation or maintenance.

C. In accordance with § 17.1-278 , the clerk shall collect fees under subdivisions A 7, A 13, A 16, A 18 if applicable, A 20, A 22, A 24, A 26, A 29, and A 31 to be designated for services provided for the poor, without charge, by a nonprofit legal aid program.

D. In accordance with § 42.1-70 , the clerk shall collect fees under subdivisions A 7, A 13, A 16, A 18 if applicable, A 20, A 22, A 24, A 26, A 29, and A 31 to be designated for public law libraries.

E. All fees collected pursuant to subdivision A 27 and § 17.1-276 shall be deposited by the clerk into a special revenue fund held by the clerk, which will restrict the funds to their statutory purpose.

F. The provisions of this section shall control the fees charged by clerks of circuit courts for the services above described.

Code 1950, § 14-123, p. 614; 1952, c. 146; 1954, c. 138; 1956, c. 217; 1964, c. 386, § 14.1-112; 1966, c. 217; 1970, c. 522; 1971, Ex. Sess., c. 95; 1972, cc. 626, 627, 647; 1973, c. 159; 1974, cc. 370, 523; 1975, c. 226; 1976, c. 344; 1977, cc. 449, 463; 1978, c. 502; 1980, c. 145; 1983, c. 103; 1984, cc. 225, 356; 1985, cc. 94, 201; 1986, c. 538; 1988, cc. 49, 52; 1989, c. 595; 1990, cc. 88, 738, 971; 1992, c. 784; 1993, cc. 95, 299, 386; 1994, cc. 64 , 432 , 498 , 842 ; 1995, cc. 51 , 371 , 440 , 463 , 525 , § 14 .1-111.1; 1996, cc. 344 , 976 ; 1997, cc. 215 , 921 ; 1998, cc. 783 , 840 , 872 ; 1999, cc. 9 , 1003 ; 2000, cc. 826 , 830 ; 2001, cc. 481 , 496 , 501 , 836 ; 2002, cc. 831 , 832 ; 2004, c. 1004 ; 2005, cc. 373 , 681 ; 2006, cc. 318 , 623 , 718 , 825 ; 2007, cc. 548 , 626 , 646 ; 2009, c. 594 ; 2010, c. 874 ; 2011, cc. 707 , 890 ; 2012, cc. 420 , 714 , 780 ; 2013, c. 263 ; 2014, c. 282 ; 2015, c. 641 ; 2017, c. 200 ; 2020, cc. 68 , 69 , 589 , 653 ; 2021, Sp. Sess. I, c. 427 ; 2022, c. 377 .
Va. Code Ann. § 17.1-513.1 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-513.1
Appeals from administrative proceedings; abuse and neglect; record to be sealed
Status: in_force

In cases appealed to the circuit court involving child abuse and neglect pursuant to § 63.2-1526 , proceedings shall be confidential and the record in the case shall be sealed. However, the court may, for good cause shown, unseal the record.

2000, c. 478 .
Va. Code Ann. § 17.1-326 — Virginia Code / Title 17.1 / Chapter 3 / Article 2 / Section 17.1-326
Reporter of Supreme Court
Status: in_force

The reporter of the Supreme Court shall receive an annual salary as fixed by the Court.

Nothing herein contained, however, shall be construed to lessen or eliminate the authority of the General Assembly to fix and determine such salary.

Code 1950, § 14-41; 1964, c. 386, § 14.1-32; 1971, Ex. Sess., c. 156; 1972, c. 856; 1998, c. 872 .
Va. Code Ann. § 17.1-105 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-105
Designation of judges to hold courts and assist other judges
Status: in_force

A. If a judge of any court of record is absent, sick or disabled or for any other reason unable to hold any regular or special term of the court, or any part thereof, or to perform or discharge any official duty or function authorized or required by law, a judge or retired judge of any court of record may be obtained by personal request of the disabled judge, or another judge of the circuit to hold the court for the whole or any part of such regular or special term and to discharge during vacation such duty or function, or, if the circumstances require, to perform all the duties and exercise all the powers and jurisdiction as judges of such circuit until the judge is again able to attend his duties. The designation of such judge shall be entered in the civil order book of the court, and a copy thereof sent to the Chief Justice of the Supreme Court. The Chief Justice shall be notified forthwith at the time any disabled judge is able to return to his duties.

B. If all the judges of any court of record are so situated in respect to any case, civil or criminal, pending in their court as to render it improper, in their opinion, for them to preside at the trial, unless the cause or proceeding is removed, as provided by law, they shall enter the fact of record and the clerk of the court shall at once certify the same to the Chief Justice of the Supreme Court, who shall designate a judge of some other court of record or a retired judge of any such court to preside at the trial of such case.

C. If a vacancy occurs in the office of a judge of a court of record that fact shall be immediately certified by the clerk of such court to the Governor, who may, instead of appointing a successor at once, request the Chief Justice to designate a judge of some other court of record or a retired judge of any such court to carry out the duties of the office, if there are insufficient judges in the circuit to carry out the work of the court, until the office has been filled in the mode prescribed by law. If any judge so designated shall be prevented by the duties of his court, or by sickness, from performing the duties required, he shall so inform the Chief Justice, who may designate another judge in his place.

D. Due to congestion in the work of any court of record or when in his opinion the administration of justice so requires, the Chief Justice may, upon his own initiative or upon application of the judge desiring assistance, designate a judge or retired judge of any court of record to assist the judge in the performance of his duties and every judge so designated shall have the same powers and jurisdiction and be authorized to perform the same duties as the judge whom he is designated to assist.

E. Any judge or retired judge sitting under any provision of this section or sitting by designation on any three-judge court shall receive from the state treasury actual expenses for the time he is actually engaged in holding court, except in those cases where the payment of such expenses is otherwise specifically provided by law.

F. The powers and duties herein conferred and imposed upon the Chief Justice may be exercised and performed by any justice, or any committee of justices, of the Court, designated by the Chief Justice for such purpose.

G. If the chief judge of any circuit is unable to perform the duties required by law, he shall notify the Chief Justice, who shall designate another judge of the same circuit to perform such duties.

H. If any judge refuses unreasonably to serve as requested under the provisions of this section, the chief judge may report his refusal to the Judicial Inquiry and Review Commission.

I. As used in this section, "retired judge" means a judge eligible for recall pursuant to § 17.1-106 .

Code 1919, § 5898, § 17-7; 1928, p. 746; 1936, p. 405; 1938, p. 138; 1948, p. 535; 1950, p. 52; 1954, c. 165; 1973, c. 544; 1998, c. 872 ; 2006, cc. 144 , 306 ; 2014, c. 776 .
Va. Code Ann. § 17.1-1000 — Virginia Code / Title 17.1 / Chapter 10 / Section 17.1-1000
Definitions
Status: in_force

As used in this chapter, unless the context requires a different meaning:

"Court reporter" means a person who records legal proceedings by stenotype machine or other means allowed under the Rules of Supreme Court of Virginia and provides prompt preparation of an accurate, verbatim written transcript.

"Court reporting services" means services provided by a court reporter and associated videography services.

"Court reporting services provider" means a business, entity, or firm that provides or arranges for court reporting services.

"Legal proceeding" includes a court proceeding, a deposition, an administrative hearing, an arbitration hearing, an examination under oath, and a sworn statement.

2018, c. 783 .
Va. Code Ann. § 17.1-214 — Virginia Code / Title 17.1 / Chapter 2 / Article 2 / Section 17.1-214
Clerk to deliver or send process to sheriff
Status: in_force

The clerk of the circuit court from whose office may be issued any process, original, mesne or final, or any order or decree to be served on any person, shall, unless the party interested, or his attorney, direct otherwise, deliver the same to the sheriff of the county or city for which the court is held, if it is to be executed therein, and if it is to be executed in any other county or city, shall enclose the same to the sheriff thereof, properly addressed, put it in the post office and pay the postage thereon.

Code 1919, § 3403, § 17-50; 1946, p. 54; 1998, c. 872 .
Va. Code Ann. § 17.1-279 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-279
Additional fee to be assessed by circuit court clerks for information technology
Status: in_force

A. In addition to the fees otherwise authorized by this chapter, the clerk of each circuit court shall assess a fee of $8, known as the "Technology Trust Fund Fee," in each civil action, upon each instrument to be recorded in the deed books, and upon each judgment to be docketed in the judgment lien docket book. Such fee shall be deposited by the State Treasurer into a trust fund. The State Treasurer shall maintain a record of such deposits.

B. Six dollars of every eight-dollar fee shall be allocated by the Compensation Board from the trust fund for purposes of (i) developing and updating or funding studies to develop and update individual land records automation plans for individual circuit court clerks' offices; (ii) implementing automation plans to modernize land records in individual circuit court clerks' offices and provide secure remote access to land records throughout the Commonwealth pursuant to § 17.1-294 ; (iii) obtaining and updating office automation and information technology equipment, including software and conversion services; (iv) preserving, maintaining, and enhancing court records, including the costs of repairs, maintenance, land records, consulting services, service contracts, redaction of social security numbers from land records, and system replacements or upgrades; and (v) improving public access to court records. The Compensation Board in consultation with circuit court clerks and other users of court records shall develop and update policies governing the allocation of funds for these purposes. However, such funds shall not be used for personnel costs within the circuit court clerks' offices. The Compensation Board policies governing the allocation of funds shall require that a clerk submit to the Compensation Board a written certification that the clerk's proposed technology improvements of his land records will provide secure remote access to those land records on or before July 1, 2008.

The annual budget submitted by each circuit court clerk pursuant to § 15.2-1636.7 may include a request for technology improvements in the upcoming fiscal year to be allocated by the Compensation Board from the trust fund. Such request shall not exceed the deposits into the trust fund credited to that locality. The Compensation Board shall allocate the funds requested by the clerks in an amount not to exceed the deposits into the trust fund credited to their respective localities.

C. The remaining $2 of each such fee may be allocated by the Compensation Board from the trust fund to individual circuit court clerks' offices for the purposes enumerated in subsection B. The allocations pursuant to this subsection may give priority to those individual clerks' offices whose deposits into the trust fund would not be sufficient to implement its modernization plan. The Compensation Board policies governing the allocation of funds shall require that a clerk submit to the Compensation Board a written certification that the clerk's proposed technology improvements of his land records will provide secure remote access to those land records on or before July 1, 2008.

D. 1. Secure remote access to land records shall be by paid subscription service through individual circuit court clerk's offices pursuant to § 17.1-276 , or through designated application service providers. The clerk may require any entity that is a nonresident of the Commonwealth, prior to becoming a subscriber, to demonstrate that such entity is authorized to do business in Virginia and is in good standing with the State Corporation Commission or other applicable state or federal regulatory agency and that such entity will comply with the secure remote access standards developed by the Virginia Information Technologies Agency pursuant to § 17.1-294 . In the case of an individual, the clerk may require a person who is a nonresident of the Commonwealth to demonstrate that such person has a legal presence in Virginia and will comply with the secure remote access standards developed by the Virginia Information Technologies Agency pursuant to § 17.1-294 . Compliance with secure remote access standards developed by the Virginia Information Technologies Agency pursuant to § 17.1-294 shall be certified by the individual circuit court clerks' offices to the Compensation Board. The individual circuit court clerk's office or its designated application service provider shall certify compliance with such secure remote access standards. Nothing in this section shall prohibit the clerk from entering into a subscriber agreement with an agency of the Commonwealth and delegating the responsibility for compliance with such secure remote access standards to such agency. Nothing in this section shall prohibit the Compensation Board from allocating trust fund money to individual circuit court clerks' offices for the purpose of complying with such secure remote access standards or redaction of social security numbers from land records.

2. Every circuit court clerk shall provide secure remote access to land records pursuant to § 17.1-294 on or before July 1, 2008.

E. Such fee shall not be assessed to any instrument to be recorded in the deed books nor any judgment to be docketed in the judgment lien docket books tendered by any federal, state, or local government.

F. If such an application includes automation or technology improvements that would require an interface with the case management system or the financial management system operated and maintained by the Executive Secretary of the Supreme Court for the purpose of providing electronic information to state agencies in accordance with § 17.1-502 , the circuit court clerk, or the court's designated application service provider, shall certify to the Compensation Board that such automation or technology improvements will comply with the security and data standards of the systems operated and maintained by the Executive Secretary of the Supreme Court.

G. Information regarding the technology programs adopted by the circuit court clerks shall be shared with the Virginia Information Technologies Agency, The Library of Virginia, and the Office of the Executive Secretary of the Supreme Court.

H. Nothing in this section shall be construed to diminish the duty of local governing bodies to furnish supplies and equipment to the clerks of the circuit courts pursuant to § 15.2-1656 . Revenue raised as a result of this section shall in no way supplant current funding to circuit court clerks' offices by local governing bodies.

I. Effective July 1, 2006, except for transfers pursuant to this section, there shall be no transfers out of the Technology Trust Fund, including transfers to the general fund.

1996, c. 431 , § 14 .1-125.2; 1997, c. 675 ; 1998, c. 872 ; 2000, cc. 440 , 446 ; 2002, cc. 140 , 250 , 637 ; 2003, cc. 205 , 865 , 981 , 1021 ; 2004, c. 676 ; 2005, cc. 681 , 738 ; 2006, c. 647 ; 2007, cc. 548 , 626 ; 2009, cc. 793 , 858 ; 2010, c. 430 ; 2014, c. 460 ; 2026, c. 966 .
Va. Code Ann. § 17.1-245 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-245
Books may be taken from clerk's office to be rebound, etc
Status: in_force

The court or, if so designated by the judge, the clerk directing any book or books to be bound, rebound, microfilmed or digitally reproduced may allow the same to be taken from the clerk's office in which such book or books may be on file, but shall take all necessary and proper precautions, by requiring bonds or otherwise, to insure the preservation and return and to prevent the mutilation thereof.

Code 1919, § 5981, § 17-75; 1976, c. 630; 1997, c. 836 ; 1998, c. 872 .
Va. Code Ann. § 17.1-701 — Virginia Code / Title 17.1 / Chapter 7 / Article 1 / Section 17.1-701
Appointment and terms of members
Status: in_force

The Chief Justice of the Supreme Court and the legislative members shall serve terms coincident with their terms of office. The other members of the Council shall be appointed by the Chief Justice of the Supreme Court, to serve for four years, or at his pleasure. No member appointed by the Chief Justice shall be eligible to serve more than two consecutive terms. Vacancies occurring other than by expiration of a term shall be filled for the unexpired term. Vacancies shall be filled in the same manner as the original appointments. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment.

1930, p. 789, § 17-223; Michie Code 1942, § 6571f; 1980, c. 177; 1998, c. 872 ; 2004, c. 1000 .
Va. Code Ann. § 17.1-901 — Virginia Code / Title 17.1 / Chapter 9 / Section 17.1-901
Commission created; membership and terms of office
Status: in_force

There is created a Judicial Inquiry and Review Commission in the judiciary branch of government, composed of seven persons who shall be citizens and residents of the Commonwealth. The members of the Commission shall be chosen by the vote of a majority of the members elected to each house of the General Assembly. The Commission shall elect a chairman and vice-chairman annually from its membership.

The Commission shall consist of three judicial members, who shall be (i) one active judge of a circuit court, (ii) one active judge of a general district court and (iii) one active judge of a juvenile and domestic relations district court; two lawyer members, who shall be active members of the Virginia State Bar who are not judges and who have practiced law in the Commonwealth for 15 or more years immediately preceding their appointment; and two public members who shall not be active or retired judges and shall never have been licensed lawyers.

After the initial appointments, the term of office of each member shall be four years commencing on July 1. No member of the Commission shall be eligible to serve more than two consecutive terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment.

Commission membership terminates whenever a member resigns or ceases to possess the qualifications that made him eligible for appointment. During any vacancy, which may exist while the General Assembly is not in session, the Governor may appoint a successor to serve until 30 days after the commencement of the next session of the General Assembly. Upon election of a successor by the General Assembly, the new member of the Commission shall serve for the remainder of the term of office of his predecessor.

Any member of the Commission who is the subject of an investigation or hearing by it or is otherwise personally involved therein shall be disqualified by the Commission from acting in such proceedings. In such a case the Governor shall appoint a person possessing the original qualifications of such member as prescribed by this section to serve temporarily as a substitute member of the Commission in such proceedings.

1971, Ex. Sess., c. 154, § 2.1-37.3; 1978, c. 452; 2001, c. 844 ; 2004, c. 1000 .
Va. Code Ann. § 17.1-246 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-246
How costs thereof certified and paid
Status: in_force

The cost incurred shall be certified by the court or, if so designated by the judge, the clerk, to the governing body of the county or city in whose clerk's office the books or records so bound, rebound, microfilmed, transcribed or digitally reproduced are on file, to be paid by such county or city.

Code 1919, § 5982, § 17-76; 1976, c. 630; 1997, c. 836 ; 1998, c. 872 .
Va. Code Ann. § 17.1-623 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-623
Payment of allowances
Status: in_force

The treasurer of such political subdivision shall upon demand pay to such juror the amount allowed him by negotiable check, cash, or electronic transfer which shall be repaid to such treasurer out of the public treasury or out of the political subdivision levy, as the case may be, upon the production of satisfactory proof that the same has been actually paid by him. But such treasurer shall not be repaid any allowance made against the Commonwealth unless it appear on the list directed to be sent to the Supreme Court. No such allowance shall be paid unless presented within two years from the time of rendering the service.

Code 1950, § 8-208.38; 1973, c. 439, § 14.1-195.6; 1975, c. 193; 1977, c. 624; 1978, c. 195; 1998, c. 872 ; 2005, c. 173 .
Va. Code Ann. § 17.1-413 — Virginia Code / Title 17.1 / Chapter 4 / Section 17.1-413
Opinions; reporting, printing and electronic publication
Status: in_force

A. The Court of Appeals shall state in writing the reasons for its ruling in a case. Subject to rules promulgated under § 17.1-403 the Court in its discretion may render its decision by order or memorandum opinion. All orders and opinions of the Court of Appeals shall be preserved with the record of the case. Opinions designated by the Court of Appeals as having precedential value or as otherwise having significance for the law or legal system shall be expeditiously reported in separate Court of Appeals Reports in the same manner as the decisions and opinions of the Supreme Court. The clerk of the Court of Appeals shall retain in the clerk's office a list and brief summary of the case for all unpublished decisions and opinions of the Court of Appeals. The list of cases and summary shall be made available to any person upon request.

B. The Executive Secretary of the Supreme Court shall contract for the printing of the reports of the Supreme Court and the Court of Appeals and for the advance sheets of each court. He shall select a printer for the reports and prescribe such contract terms as will ensure issuance of the reports as soon as practicable after a sufficient number of opinions are filed. He shall make such contracts after consultation with the Department of General Services and shall distribute these reports in accordance with the applicable provisions of law. He shall also provide for the electronic publication on the Internet of the opinions of the Supreme Court and Court of Appeals subject to conditions and restrictions established by each court regarding the electronic publication of its opinions.

1983, c. 413, § 17-116.010; 1984, cc. 635, 701; 1997, c. 316 ; 1998, c. 872 ; 2021, Sp. Sess. I, c. 489 .
Va. Code Ann. § 17.1-275.5 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-275.5
Amounts to be added; judgment in favor of the Commonwealth
Status: in_force

A. The clerk shall assess, in addition to the fees provided for by § 17.1-275.1 , 17.1-275.2 , 17.1-275.3 , 17.1-275.4 , 17.1-275.7 , 17.1-275.8 , 17.1-275.9 , 17.1-275.10 , 17.1-275.11 , 17.1-275.11:1 , or 17.1-275.12 , the following costs:

1. Any amount paid by the Commonwealth for legal representation of the defendant;

2. Any amount paid for trial transcripts;

3. Extradition costs;

4. Costs of psychiatric evaluation;

5. Costs taxed against the defendant as appellant under Rule 5A:30 of the Rules of the Supreme Court;

6. Any fee for a returned check or disallowed credit card charge assessed pursuant to subdivision A 28 of § 17.1-275 ;

7. Any jury costs;

8. Any assessment made pursuant to subdivision A 10 of § 17.1-275 ;

9. Any fees prescribed in §§ 18.2-268.8 and 46.2-341.26:8 ;

10. Any court costs related to an ignition interlock device;

11. Any fee for testing for HIV;

12. Any fee for processing an individual admitted to jail as prescribed in § 15.2-1613.1 ;

13. Any fee for courthouse security personnel as prescribed in § 53.1-120 ;

14. Any fee for a DNA sample as prescribed in § 19.2-310.2 ;

15. Reimbursement to the Commonwealth of medical fees as prescribed in § 19.2-165.1 ;

16. Any fee for a local criminal justice training academy as prescribed in § 9.1-106 ;

17. Any fee prescribed by §§ 16.1-69.48:1 .01 and 17.1-275.11 ;

18. Any expenses charged pursuant to subsection B or F of § 19.2-187.1 ; and

19. Any fee for an electronic summons system as prescribed in § 17.1-279.1 .

B. The total amount of assessments described in subsection A, including (i) the fees provided for by § 17.1-275.1 , 17.1-275.2 , 17.1-275.3 , 17.1-275.4 , 17.1-275.7 , 17.1-275.8 , 17.1-275.9 , 17.1-275.10 , 17.1-275.11 , 17.1-275.11:1 , or 17.1-275.12 and (ii) all other fines and costs, shall be docketed by the clerk as a judgment against the defendant in favor of the Commonwealth in accordance with § 8.01-446 .

1999, c. 9 ; 2002, c. 831 ; 2003, cc. 1001 , 1022 , 1039 ; 2010, c. 555 ; 2012, c. 714 ; 2013, c. 263 ; 2014, c. 325 ; 2015, c. 641 .
Va. Code Ann. § 17.1-602 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-602
When successful plaintiff not to recover costs
Status: in_force

In any personal action not on contract, if a verdict is returned for the plaintiff, on an issue or otherwise, for less damages than ten dollars, he shall not recover in respect to such verdict any costs, unless the court enter of record that the object of the action was to try a right, besides the mere right to recover damages for the trespass or grievance in respect to which the action was brought, or that the trespass or grievance was willful or malicious.

Code 1950, § 14-176; 1964, c. 386, § 14.1-179; 1998, c. 872 .
Va. Code Ann. § 17.1-295 — Virginia Code / Title 17.1 / Chapter 2 / Article 8 / Section 17.1-295
Definitions
Status: in_force

As used in this title, unless the context requires a different meaning:

"Confidential court records" means any civil or criminal record maintained by a clerk of the circuit court designated by this Code as confidential or any such record sealed pursuant to court order.

"Electronic filing of court records" means the networks or systems maintained by a clerk of the circuit court, or the clerk's designated application service providers, for the submittal of instruments for electronic filing of court records in accordance with this title, the Rules of the Supreme Court of Virginia, and the secure remote access standards developed by the Virginia Information Technologies Agency.

"Electronic recording of land records" means the networks or systems maintained by a clerk of the circuit court, or the clerk's designated application service providers, for the submittal of instruments for electronic filing of land records in accordance with the provisions of Article 3 (§ 55.1-346 et seq.) of Chapter 3 of Title 55.1 regarding the satisfaction of mortgages, the Uniform Real Property Electronic Recording Act (§ 55.1-661 et seq.), and the provisions of this title.

"Operational expenses" means expenses of the clerk of court used to maintain the clerk's office and includes, but is not limited to, (i) computer support, maintenance, enhancements, upgrades, and replacements and office automation and information technology equipment, including software and conversion services; (ii) preserving, maintaining, and enhancing court records, including, but not limited to, the costs of repairs, maintenance, consulting services, service contracts, redaction of social security numbers from certain records, and system replacements or upgrades; and (iii) improving public access to records maintained by the clerk, including locating technology in an offsite facility for such purposes or for implementation of a disaster recovery plan.

"Public access" means that the clerk of the circuit court has made available to subscribers that are other than governmental agencies, secure remote access to records maintained by the clerk in accordance with § 17.1-294 .

"Secure remote access to court records" means public access by electronic means on a network or system to court records maintained by the clerk of the circuit court or the clerk's designated application service providers, in compliance with this title, the Rules of the Supreme Court of Virginia, and the secure remote access standards developed by the Virginia Information Technologies Agency.

"Secure remote access to land records" means public access by electronic means on a network or system to land records maintained by the clerk of the circuit court or the clerk's designated application service providers, in compliance with the Secure Remote Access Standards developed by the Virginia Information Technologies Agency.

"Subscriber" means any person who has entered into a subscriber agreement with the clerk of the circuit court authorizing the subscriber to have secure remote access to land records or secure remote access to court records maintained by the clerk or the clerk's designated application service providers. If the subscriber is an entity with more than one person who will use the network or system to access land records maintained by the clerk, or the clerk's designated application service providers, each individual user shall execute a subscriber agreement and obtain a separate "user id" and "password" from the clerk. The subscriber is responsible for the fees due under this title and the proper use of the secure remote access system pursuant to the subscriber agreement, applicable Virginia law, and Secure Remote Access Standards developed by the Virginia Information Technologies Agency.

2008, cc. 823 , 833 ; 2013, cc. 77 , 263 , 422 ; 2017, cc. 78 , 92 ; 2026, c. 942 .
Va. Code Ann. § 17.1-514 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-514
When plaintiff entitled to less than $100; judgment for defendant
Status: in_force

In any personal action in a circuit court, wherein it is ascertained that less than $100, exclusive of interest, is due to the plaintiff, judgment shall be for the defendant, unless the court enter of record that the matter in controversy was of greater value than $100, exclusive of interest, in which case it may render judgment for the plaintiff for what is ascertained to be due him, with or without costs, in the court's discretion.

Code 1950, § 8-511.1; 1952, c. 248; 1977, c. 624, § 17-123.1; 1998, c. 872 .
Va. Code Ann. § 17.1-258.3:3 — Virginia Code / Title 17.1 / Chapter 2 / Article 4.1 / Section 17.1-258.3:3
Submission of records as electronic documents
Status: in_force

Upon written agreement with the clerk, any agency or instrumentality of the Commonwealth may submit any record to the clerk as an electronic document. The form of electronic submission shall comply with the security and data standards established by the Virginia Information Technologies Agency for any such electronic submission. Any record so submitted shall satisfy any law requiring that a document be an original, be on paper or another tangible medium, or be in writing.

2015, c. 641 .
Va. Code Ann. § 17.1-513.2 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-513.2
Use of telephonic communication systems or electronic video and audio communication systems to conduct hearing
Status: in_force

Notwithstanding any other provision of law, in any civil proceeding in which a party or a witness is incarcerated or when otherwise authorized by the court, the court may, in its discretion, conduct any hearing using a telephonic communication system or an electronic audio and video communication system to provide for the appearance of any parties and witnesses. Any electronic audio and video communication system used to conduct such a hearing shall meet the standards set forth in subsection B of § 19.2-3.1 .

2001, c. 513 .
Va. Code Ann. § 17.1-917 — Virginia Code / Title 17.1 / Chapter 9 / Section 17.1-917
Assistance and information; complaint forms
Status: in_force

A. State and local public bodies and departments, officers and employees thereof, and officials and all personnel of the courts of the Commonwealth shall cooperate with and give reasonable assistance and information to the Commission and any authorized representative thereof in connection with any investigations or proceedings within the jurisdiction of the Commission.

B. In all state courts within the Commonwealth a sign shall be posted in a location accessible to the public that notes the availability of and provides instructions to obtain a downloadable electronic version of any standardized form developed and utilized by the Judicial Inquiry and Review Commission for the filing of a complaint from the official website of the judicial system of the Commonwealth. Any standardized form developed and utilized by the Judicial Inquiry and Review Commission for the filing of a complaint shall also be made available to the public in paper form in every clerk's office in all state courts of the Commonwealth. In all such courts, a sign shall be posted in a location accessible to the public that notes the availability and location of such paper forms in the office.

1971, Ex. Sess., c. 154, § 2.1-37.17; 2001, c. 844 ; 2022, c. 588 ; 2026, c. 113 .
Va. Code Ann. § 17.1-122 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-122
Matters not determined to stand continued
Status: in_force

All causes on the docket of any court and all other matters ready for its decision which have not been determined before the end of a term, whether regular or special, shall, without any order of continuance, stand continued to the next term.

Code 1919, § 5972, § 17-25; 1998, c. 872 .
Va. Code Ann. § 17.1-238 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-238
State highway plat book
Status: in_force

The state highway plat book, which shall be provided by the Department of Transportation, shall be installed in the circuit court clerk's office of each county of the Commonwealth and in the clerk's office of the circuit court of any city wherein the Department of Transportation has acquired any interest in land, and all highway plats pertaining to the primary and secondary highway systems, and all plats in connection therewith, shall be filed therein by the clerk. The state highway plat book may be produced in one of the following forms: (i) paper; (ii) microfilm, microfiche, or any other microphotographic process, that meets state archival microfilm standards and state electronic records guidelines pursuant to § 42.1-82 ; or (iii) electronic process. The clerk shall note on each recorded deed relating to such plats and in the deed book, wherein such deed is recorded, or through recordation of a separate instrument referencing the page where such deed is recorded, the numbers of the state highway plat book and page wherein such plats are filed. The clerk so filing the plats and so noting the same shall receive a fee of $5. All plats filed prior to July 1, 1950, in such state highway plat book are hereby validated.

1950, p. 477, § 17-69.1; 1956, c. 19; 1994, c. 432 ; 1998, c. 872 ; 2014, c. 330 ; 2015, c. 641 .
Va. Code Ann. § 17.1-907 — Virginia Code / Title 17.1 / Chapter 9 / Section 17.1-907
Oaths; inspection of books and records; subpoenas
Status: in_force

In the conduct of investigations and formal hearings, the Commission may (i) administer oaths and affirmations; (ii) order and otherwise provide for the inspection of books and records; and (iii) issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents, and other records or tangible evidence relevant to any such investigation or formal hearing.

The power to administer oaths and affirmations, to issue subpoenas, or to make orders for or concerning the inspection of books and records may be exercised by any member of the Commission, unless the Commission shall otherwise determine.

1971, Ex. Sess., c. 154, § 2.1-37.9; 2001, c. 844 .
Va. Code Ann. § 17.1-242 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-242
Custody of books, records, etc
Status: in_force

The circuit court clerks shall have custody of and shall keep all court records, including books, evidence, records, maps, and papers, deposited in their offices or at such location otherwise designated by the clerk, as well as records stored in electronic format whether the storage media for such electronic records are on premises or elsewhere.

Code 1919, § 3400, § 17-72; 1998, c. 872 ; 2001, c. 497 ; 2014, c. 460 .
Va. Code Ann. § 17.1-275.15 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-275.15
Additional fee assessed for Virginia Sexual and Domestic Violence Victim Fund
Status: in_force

A. In addition to the fees provided for by §§ 16.1-69.48:1 , 16.1-69.48:1.01 , 17.1-275.1 , 17.1-275.2 , 17.1-275.3 , 17.1-275.4 , 17.1-275.5 , 17.1-275.7 , 17.1-275.8 , 17.1-275.9 , 17.1-275.10 , 17.1-275.11 , and 17.1-275.12 , a fee of $500 upon conviction of any and each charge of a violation of (i) §§ 18.2-47 and 18.2-48 ; (ii) Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2; or (iii) §§ 18.2-346.01 through 18.2-357.1 , 18.2-366 , 18.2-370 through 18.2-370.6 , 18.2-374.1 , 18.2-374.1:1 , and 18.2-374.3 shall be assessed as court costs.

B. All fees collected pursuant to this section shall be deposited into the state treasury, credited to the Virginia Sexual and Domestic Violence Victim Fund, and designated for funding support services for eligible victims.

2026, c. 277 .
Va. Code Ann. § 17.1-800 — Virginia Code / Title 17.1 / Chapter 8 / Section 17.1-800
Virginia Criminal Sentencing Commission created
Status: in_force

There is hereby created within the judicial branch as an agency of the Supreme Court of Virginia, the Virginia Criminal Sentencing Commission, hereinafter referred to in this chapter as the Commission.

1994, 2nd Sp. Sess., cc. 1 , 2 , § 17-232; 1998, c. 872 .
Va. Code Ann. § 17.1-243 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-243
Clerks to have land books bound
Status: in_force

Except those clerks using an automated system, clerks shall bind, in volumes of convenient size, all books in their respective clerks' offices not currently bound showing the assessments of lands since the year 1850, and shall bind in like volumes such books hereafter filed in their clerks' offices at intervals of not more than five years.

Code 1919, § 5979, § 17-73; 1998, c. 872 ; 2014, c. 460 .
Va. Code Ann. § 17.1-903 — Virginia Code / Title 17.1 / Chapter 9 / Section 17.1-903
Officers and employees; experts and reporters; witnesses; legal counsel
Status: in_force

The Commission may (i) employ such officers, assistants, and other employees it deems necessary for the performance of its duties; (ii) arrange for and compensate medical and other experts and reporters; (iii) arrange for attendance of witnesses, including witnesses not subject to subpoena; and (iv) pay from funds available to it all expenses reasonably necessary for effectuating the purposes of Article VI, Section 10 of the Constitution of Virginia and the provisions of this chapter, whether or not specifically enumerated herein. The Attorney General shall, if requested by the Commission, act as its counsel generally or in any particular investigation or proceeding.

The Commission may employ counsel, notwithstanding the provisions of § 2.2-510 .

1971, Ex. Sess., c. 154, § 2.1-37.7; 1978, c. 260; 2001, c. 844 .
Va. Code Ann. § 17.1-258.4 — Virginia Code / Title 17.1 / Chapter 2 / Article 4.1 / Section 17.1-258.4
Signature; when effective as original; notarization; seal
Status: in_force

A. If the electronically filed document contains an electronic signature pursuant to the Uniform Electronic Transactions Act (§ 59.1-479 et seq.) that is capable of independent verification and renders any subsequent changes or modifications to the electronic document evident, any statutory requirement for original signature shall be deemed to be satisfied.

B. Any statutory requirement for a document to be notarized shall be deemed satisfied by the appropriately executed electronic signature of such notary pursuant to the Virginia Notary Act (§ 47.1-1 et seq.).

C. When a seal or stamp is required to be affixed by any court or clerk on a document, the attachment of an official electronic seal or official electronic stamp to the electronic document is sufficient. "Official electronic seal" and "official electronic stamp" mean an electronic image of a seal or stamp, respectively, of the court or clerk, that is produced by software applications authorized by the clerk that are protected by system credentials to which only the clerk or persons authorized by the clerk have access.

2005, c. 744 ; 2008, cc. 823 , 833 ; 2010, cc. 717 , 760 ; 2013, c. 77 .
Va. Code Ann. § 17.1-253 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-253
Committee to inquire into necessity of general index; report; plan adopted; locality to cover cost
Status: in_force

A. Whenever the circuit court, or the judge thereof, finds that there is need of an improved system of general indexing to any of the records kept by the clerk of court, it shall be the duty of the court or judge, in its or his discretion, to appoint a committee to inquire into the necessity for such indexing, and make a report to the court, or the judge thereof.

B. If the committee reports that the work is needed, the court or judge shall authorize and direct the committee to make a written contract with some responsible and experienced person or persons, but such contract shall be approved by the court or judge before it becomes effective.

C. When such index is installed in any clerk's office the same plan of index to current records shall be adopted and used by the clerk of such court.

D. The governing body of the county or city wherein such indexing shall be directed by the court or judge to be done shall, if necessary, provide a sufficient sum to pay for such indexing and materials.

Code 1919, §§ 3395, 3396, 3397, 3398, §§ 17-80, 17-81, 17-82, 17-83; 1948, p. 62; 1998, c. 872 .
Va. Code Ann. § 17.1-269 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-269
To whom fees charged
Status: in_force

Unless otherwise provided, the fees mentioned in this article shall be chargeable to the party at whose instance the service is performed, except that fees for entering and certifying the attendance of witnesses and the proceedings to compel payment for such attendance shall be charged to the party for whom the witness attended.

Code 1950, § 14-108; 1964, c. 386, § 14.1-97; 1998, c. 872 .
Va. Code Ann. § 17.1-902 — Virginia Code / Title 17.1 / Chapter 9 / Section 17.1-902
Powers and duties of Commission generally
Status: in_force

The Commission is vested with the power, and it shall be its duty, to investigate charges arising out of the present or any prior term of office which would be the basis for retirement, censure, or removal of a judge under Article VI, Section 10 of the Constitution of Virginia and the provisions of this chapter even though the subject judge may have been reelected to a new term of office.

The Commission, after such investigation as it deems necessary, may order and conduct hearings at such times and places in the Commonwealth as it shall determine.

If the Commission finds the charges to be well-founded, and sufficient to constitute the basis for retirement, censure, or removal of a judge, it may file a formal complaint before the Supreme Court.

The Commission shall have the authority to make rules, not in conflict with the provisions of this chapter or of general law, to govern investigations and hearings conducted by it.

No act of the Commission shall be valid unless concurred with by a majority of its members.

1971, Ex. Sess., c. 154, §§ 2.1-37.4, 2.1-37.5, 2.1-37.6; 2001, c. 844 .
Va. Code Ann. § 17.1-205 — Virginia Code / Title 17.1 / Chapter 2 / Article 1 / Section 17.1-205
Pro Hac Vice Fund
Status: in_force

There is hereby established the Pro Hac Vice Fund, a special, nonreverting fund comprised of moneys collected pursuant to Rule 1A:4 of the Rules of the Supreme Court and subsection B of § 17.1-328 . The Fund shall be established on the books of the Comptroller. All moneys received by the Clerk of the Supreme Court for this Fund shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purpose of improving the administration of justice. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written authorization of the Executive Secretary of the Supreme Court.

2007, cc. 113 , 372 .
Va. Code Ann. § 17.1-283 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-283
Statements required of clerks of courts of record; exceptions
Status: in_force

A. Every clerk of a court of record, except the Clerks of the Supreme Court and the Court of Appeals, shall file monthly with the Compensation Board a full and accurate statement showing all such fees, allowances, commissions, salaries or other compensation or emolument of office, derived from the Commonwealth or any political subdivision thereof, or from any other source whatever, collected or received by him. The statements shall include the date of collection and sources from which the collections were made, and shall be verified by a procedure agreed upon by the Compensation Board and the Auditor of Public Accounts. The statements shall be open to public inspection at all times.

B. The statements shall show in detail all sums actually paid for necessary office expenses, premiums on official bond of the principal and deputies, name and amount of compensation to each deputy or assistant, and a detailed statement of every other expense in connection with the administration of the office actually paid out.

Code 1950, §§ 14-145, 14-147, 14-148; 1952, c. 446; 1960, c. 584; 1962, c. 439; 1964, c. 386, §§ 14.1-136, 14.1-138, 14.1-139; 1971, Ex. Sess., c. 155; 1983, c. 293; 1996, c. 696 ; 1998, c. 872 .
Va. Code Ann. § 17.1-208 — Virginia Code / Title 17.1 / Chapter 2 / Article 2 / Section 17.1-208
Records, etc., open to inspection; copies; exception
Status: in_force

A. For the purposes of this section, "confidential court records," "court records," and "nonconfidential court records" shall have the same meaning as set forth in § 17.1-292 .

B. Except as otherwise provided by law, any records that are maintained by the clerks of the circuit courts shall be open to inspection in the office of the clerk by any person and the clerk shall, when requested, furnish copies thereof subject to any reasonable fee charged by the clerk pursuant to § 17.1-275 . No person shall be permitted to use the clerk's office for the purpose of making copies of records in such manner, or to such extent, as will, in the determination of the clerk, interfere with the business of the office or with its reasonable use by the general public. The certificate of the clerk to copies furnished by the clerk shall, if the paper copied be recorded in a bound volume, contain the name and number of the volume and the page or folio at which the recordation of the paper begins, or the instrument number as applicable, and the clerk may charge a fee therefor pursuant to § 17.1-275 . The certificate of the circuit court clerk to such copies may be provided electronically subject to the provisions of § 17.1-258.3:2 . Such electronic certificate may reference an instrument number, bound volume, or other case number, but is not required to do so.

C. Requests for copies of nonconfidential court records maintained in individual case files shall be made to the clerk of the circuit court.

D. Requests for reports of aggregated, nonconfidential case data fields that are viewable through the online case information systems maintained by the Executive Secretary of the Supreme Court shall be made to the Office of the Executive Secretary. Such reports of aggregated case data shall not include the name, date of birth, or social security number of any party, and shall not include images of the individual records in the respective case files. However, nothing in this section shall be construed to permit any reports of aggregated case data to be sold or posted on any other website or in any way redistributed to any third party. The clerk or the Executive Secretary, in his discretion, may deny such request to ensure compliance with these provisions. However, such data may be included in products or services provided to a third party, provided that such data is not made available to the general public. Notwithstanding any other provision of law, if such request is made by an attorney for the Commonwealth to assist in the performance of his duties, the clerk or Executive Secretary shall approve such request and provide such report of aggregated case data, which shall include the name, date of birth, and the last four digits of the social security number of any party if such information is requested, only for cases arising within the jurisdiction of such attorney for the Commonwealth. No report of aggregated case data that includes the name, date of birth, and the last four digits of the social security number of any party provided to an attorney for the Commonwealth shall be disseminated further unless such information is redacted.

E. Any clerk or the Executive Secretary, as applicable, may require that the request be in writing and that the requester provide his name and legal address. A request for nonconfidential court records or reports of aggregated, nonconfidential case data shall identify the requested records with reasonable specificity. Any clerk or the Executive Secretary, as applicable, may determine the costs for providing the requested records to the requester, advise the requester of such costs, and, before continuing to process the request, require the requester to agree to payment of a deposit not to exceed the amount of the advance determination, which shall be credited to the final cost of supplying the requested records. Neither a clerk nor the Executive Secretary shall be required to create a new record if the record does not already exist or provide a report of aggregated, nonconfidential case data in a format not regularly used by the clerk or the Executive Secretary; however, a clerk or the Executive Secretary, as applicable, may abstract or summarize information under such terms and conditions as agreed to by the requester and the clerk or Executive Secretary, as provided herein.

F. Except as otherwise provided by law, the requested court records or reports of aggregated, nonconfidential case data shall be provided to the requester within a reasonable period of time, given the nature of the request and the availability of staff to respond to the request, but in no event longer than 30 days from the date of a complete request made by a requester that is fully compliant with the requirements of this section and other applicable law. Any objection or assertion of confidentiality shall be provided to the requester within a reasonable period of time, but in no event longer than 30 days from the date of a complete request made by a requester.

G. Any clerk or the Executive Secretary may require payment in advance of all reasonable costs, not to exceed the actual cost incurred in accessing, duplicating, reviewing, supplying, or searching for the requested court records or reports of aggregated, nonconfidential case data, including removing any confidential information contained in the court records from the nonconfidential court records being provided, excluding any extraneous, intermediary, or surplus fees or expenses to recoup the general overhead costs associated with creating or maintaining records or transacting the general business of the clerk or the Office of the Executive Secretary. Before processing a request for court records or reports of aggregated, nonconfidential case data, any clerk or the Executive Secretary may require the requester to pay any amounts owed to the clerk or the Office of the Executive Secretary for previous requests for court records or reports of aggregated, nonconfidential case data that remain unpaid 30 days or more after billing.

H. Any clerk and the Executive Secretary shall be immune from any suit arising from the production of court records or reports of aggregated, nonconfidential case data in accordance with this section absent gross negligence or willful misconduct.

I. Nothing in this section shall be construed to apply to court records transferred to the Library of Virginia for permanent archiving pursuant to the duties imposed by the Virginia Public Records Act (§ 42.1-76 et seq.). In accordance with § 42.1-79 , the Library of Virginia shall be the custodian of such permanently archived records and shall be responsible for responding to requests for such records.

Code 1919, § 3388, § 17-43; 1920, p. 242; 1930, p. 353; 1936, p. 17; 1942, p. 242; 1944, p. 40; 1946, p. 56; 1947, p. 96; 1952, c. 286; 1998, c. 872 ; 2002, c. 299 ; 2007, cc. 548 , 626 ; 2013, c. 77 ; 2015, c. 641 ; 2018, cc. 127 , 584 ; 2026, c. 172 .
Va. Code Ann. § 17.1-618 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-618
Allowances for jurors; expenses of keeping jury together; fees of jury commissioners and commissioner in chancery for drawing of juries
Status: in_force

Every person summoned as a juror in a civil or criminal case shall be entitled to $50 for each day of attendance upon the court for expenses of travel incident to jury service and other necessary and reasonable costs as the court may direct. Jurors summoned from another political subdivision pursuant to § 8.01-363 may be allowed by the court, in addition to the above allowance, their actual expenses. When kept together overnight under the supervision of the court, the jurors and the sheriff or his deputies keeping the jury shall be furnished suitable board and lodging. Reimbursement for board and lodging shall be set by the judge in an amount not to exceed the amount authorized by travel regulations promulgated pursuant to § 2.2-2823 . Allowances and other costs will be allowed a juror in only one case the same day.

Every person serving as a jury commissioner and every person serving as a commissioner in chancery for the drawing of juries for a circuit court of this Commonwealth may be allowed, by the court appointing him, a fee not exceeding $50 per day for the time actually engaged in such work and such other necessary and reasonable costs as the court may direct.

Code 1950, § 8-208.33; 1954, c. 709; 1958, cc. 216, 303; 1960, c. 366; 1964, c. 268, § 14.1-195.1; 1968, c. 632; 1969, Ex. Sess., c. 20; 1972, c. 719; 1973, c. 439; 1974, c. 220; 1975, c. 193; 1976, c. 308; 1977, c. 624; 1978, c. 230; 1980, cc. 593, 594; 1982, c. 610; 1983, c. 495; 1984, c. 512; 1993, cc. 345, 635; 1996, c. 332 ; 1998, c. 872 ; 2023, cc. 232 , 233 .
Va. Code Ann. § 17.1-215 — Virginia Code / Title 17.1 / Chapter 2 / Article 2 / Section 17.1-215
Process book
Status: in_force

The clerk of a circuit court shall keep a process book or file or, in lieu thereof, an automated system, in which the clerk shall enter every such process, order or decree, showing its nature, date, return day and the person to whom, and the time when, it was delivered, or, if it was mailed, the time thereof and the person to whom it was addressed. From any officer, to whom there is such delivery, the clerk shall take a receipt in the process book or file or enter the receipt on the automated system.

Code 1919, § 3403, § 17-51; 1946, p. 54; 1989, c. 137; 1998, c. 872 .
Va. Code Ann. § 17.1-303 — Virginia Code / Title 17.1 / Chapter 3 / Article 1 / Section 17.1-303
Election of successor justice before date of vacancy
Status: in_force

Whenever a vacancy occurs or exists in the office of a justice of the Supreme Court while the General Assembly is in session, or whenever the term of office of a justice of the Supreme Court will expire or the office will be vacated at a date certain between the adjournment of the General Assembly and the commencement of the next session of the General Assembly, a successor may be elected at any time during a session preceding the date of such vacancy, by the vote of a majority of the members elected to each house of the General Assembly, for a full term and, upon qualification, the successor shall enter at once upon the discharge of the duties of the office; however, such successor shall not qualify prior to the predecessor leaving office. No person shall be elected or reelected to a subsequent term under this section until he has submitted to a criminal history record search and submitted to a search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse or neglect and reports of such searches have been received by the Chairmen of the House and Senate Committees for Courts of Justice. If the person has not met the requirement of filing in the preceding calendar year a disclosure form prescribed in § 2.2-3117 or 30-111 , he shall also provide a written statement of economic interests on the disclosure form prescribed in § 2.2-3117 to the Chairmen of the House and Senate Committees for Courts of Justice.

1991, c. 31, § 17-93.1; 1998, c. 872 ; 2004, c. 452 ; 2018, c. 578 .
Va. Code Ann. § 17.1-329 — Virginia Code / Title 17.1 / Chapter 3 / Article 2 / Section 17.1-329
Disposition of fees of Clerk of Supreme Court
Status: in_force

The Clerk of the Supreme Court shall keep an accurate account of all fees and costs collected by him and shall make monthly deposits thereof in a depository, or depositories, approved by the State Treasurer, to the credit of the Commonwealth of Virginia. A report of each deposit shall be promptly submitted to the State Treasurer, and detailed reports thereof shall be made monthly to the State Comptroller. Except as provided in § 17.1-328 , all such fees and costs shall be credited by the Comptroller to the general fund of the state treasury.

Code 1950, § 14-40; 1964, c. 386, § 14.1-31; 1971, Ex. Sess., c. 156; 1998, c. 872 ; 2006, cc. 623 , 718 .
Va. Code Ann. § 17.1-524 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-524
Repealed
Status: repealed

Repealed by Acts 2009, c. 592 .
Va. Code Ann. § 17.1-279.1 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-279.1
Additional assessment for electronic summons system
Status: in_force

Any county, city, or town, through its governing body, may assess an additional sum not in excess of $5 as part of the costs in each criminal or traffic case in the district or circuit courts located where such cases are brought in which the defendant is charged with a violation of any statute or ordinance, which violation in the case of towns arose within the town, and where the defendant is charged with a violation of any such statute or ordinance by a local law-enforcement agency. The imposition of such assessment shall be by ordinance of the governing body, which may provide for different sums in circuit courts and district courts. The assessment shall be collected by the clerk of the court in which the action is filed, remitted to the treasurer of the appropriate county, city, or town, and held by such treasurer subject to disbursements by the governing body to a local law-enforcement agency solely to fund software, hardware, and associated equipment costs for the implementation and maintenance of an electronic summons system. The imposition of a town assessment shall replace any county fee that would otherwise apply.

2014, c. 325 ; 2015, cc. 546 , 643 ; 2020, c. 342 .
Va. Code Ann. § 17.1-232 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-232
What to be recorded in judgment docket
Status: in_force

Abstracts of all judgments authorized or required by law to be docketed or recorded shall be recorded in a book to be known as the judgment docket.

Code 1919, § 3393, § 17-64; 1920, p. 314; 1932, p. 334; 1998, c. 872 ; 2002, c. 832 .
Va. Code Ann. § 17.1-271 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-271
Deposit of money in bank
Status: in_force

Whenever any clerk of a court receives or collects any money for or on account of the Commonwealth or any county, city, town or person, he shall, within a reasonable time, deposit the same in such bank or banks selected by him to the credit of an official account, and in the event of the failure or insolvency of such bank, the clerk shall not be responsible for any loss of funds resulting from such failure or insolvency.

Any such officer who deposits any such money in his personal account, knowingly intermingles any of the same with his personal funds, or otherwise violates any of the provisions of this section shall be deemed guilty of a misdemeanor. However, prosecution hereunder shall not preclude criminal prosecution under any other section of this Code.

Code 1950, § 14-112; 1964, c. 386, § 14.1-101; 1971, Ex. Sess., c. 155; 1981, c. 152; 1993, c. 334; 1998, c. 872 .
Va. Code Ann. § 17.1-328 — Virginia Code / Title 17.1 / Chapter 3 / Article 2 / Section 17.1-328
Fees charged and collected by Clerk of Supreme Court
Status: in_force

A. The Clerk of the Supreme Court shall charge the following fees:

1. In every case in which a petition is presented, $50, which shall be collected at the time such petition is presented. Twenty-five dollars of each fee collected under this section shall be apportioned to the Courts Technology Fund established under § 17.1-132 .

2. For making and certifying a copy of any record or document in the clerk's office, ten cents per 100 words or twenty-five cents per page.

3. For verifying and certifying any record or document not actually copied by the clerk, one-half of the fee for copying and certifying, which shall not, however, be applied to the certification of a copy of the record in this court which has already been printed.

4. For authentication of any record, document or paper under the seal of the court, fifty cents.

5. For copying and certifying any document or paper of less than 250 words, twenty-five cents.

6. For administering an oath and entering an order qualifying an attorney to practice in the court, two dollars and fifty cents.

7. For certificate of such qualification under seal of the court, one dollar plus the cost of engrossing.

8. For entering an order and licensing an attorney from another state, under the reciprocity statute, $500.

9. For a law license certificate under seal of the court and a certificate of qualification under seal of the court, $15, which shall be apportioned to the Courts Technology Fund established under § 17.1-132 , plus the cost of engrossing.

10. For all other services not specifically mentioned above, the same fee as would be charged by a clerk of a circuit court in similar cases.

B. The tribunal wherein a motion to associate counsel pro hac vice and an application of an out-of-state lawyer are filed shall collect the fee specified in Rule 1A:4 of the Rules of the Supreme Court and transmit such fee to the Clerk of the Supreme Court, who shall deposit such fee in the Pro Hac Vice Fund established pursuant to § 17.1-205 .

Code 1950, § 14-129; 1964, c. 386, § 14.1-120; 1971, Ex. Sess., c. 156; 1972, c. 856; 1977, c. 449; 1992, c. 252; 1998, c. 872 ; 2006, cc. 623 , 718 ; 2007, cc. 113 , 372 .
Va. Code Ann. § 17.1-912 — Virginia Code / Title 17.1 / Chapter 9 / Section 17.1-912
Physical or mental examination
Status: in_force

A. Whenever the Commission has probable cause to believe a judge is unable to perform his duties as a judge because of excessive use of alcohol or drugs or physical or mental illness, the Commission, after preliminary investigation by informal conference, may direct that the judge submit to a mental or physical examination by a health care provider approved by the Commission after consultation with the judge. The health care provider's report shall be in writing. Upon request, the judge shall provide the Commission with all waivers and releases necessary to authorize the Commission to receive all medical records, reports, and information from any health care provider regarding the judge's mental or physical condition.

B. Any judge ordered to be examined pursuant to this section shall be afforded reasonable notice and an opportunity for a hearing before such examination is conducted as to any matters regarding the examination and as to whether there is probable cause to believe that the judge is unable to perform his duties as a judge because of excessive use of alcohol or drugs or physical or mental illness. During such hearing, the judge shall have the right to call witnesses on his behalf.

C. All costs related to examinations conducted at the direction of the Commission shall be paid out of sums appropriated for the operation of the Commission. The failure of a judge to submit to an examination ordered pursuant to this section or to provide waivers and releases required by this section shall constitute grounds for a new charge.

1998, cc. 672 , 862 , § 2.1-37.12:2; 2001, c. 844 .
Va. Code Ann. § 17.1-212 — Virginia Code / Title 17.1 / Chapter 2 / Article 2 / Section 17.1-212
Copying of records becoming illegible
Status: in_force

The judge or, if so designated by the judge, the clerk of each court of record, when satisfied that the records and papers in the office of the clerk of court are becoming illegible or are wearing out and is of the opinion that the same should be preserved, may order the records and papers copied or photographed or otherwise duplicated at the expense of the county or city in which the clerk's office is located.

The copies of the records and papers shall be examined and compared by the clerk with the originals and when he is satisfied that the copies are exact he shall certify them as true copies. The certified copies shall be kept in the same place in which the originals are kept and the latter shall continue to be carefully preserved.

1944, p. 195, § 17-47; Michie Suppl. 1946, § 3387a; 1997, c. 836 ; 1998, c. 872 .
Va. Code Ann. § 17.1-116 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-116
Change of place or time for holding session of Supreme Court
Status: in_force

Whenever, by reason of the destruction, possession by a public enemy, or infection with contagious disease of any building in which the Supreme Court is to be held, it seems necessary to the Chief Justice, he shall, by proclamation, designate a place at which the Court shall be held, so long as such reason may continue, and when the circumstances require it, may postpone the time for holding the Court. In the case of the destruction of the building, the place designated by the Chief Justice shall be within the same county, city or town as the destroyed building. A copy of such designation shall be sent to the clerk and to each of the justices of the Court and published in some newspaper at the seat of government and near the regular place of session of the Court.

Code 1919, § 5967, § 5968, §§ 17-17, 17-18; 1962, c. 405; 1966, c. 348; 1971, Ex. Sess., c. 156; 1998, c. 872 .
Va. Code Ann. § 17.1-507 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-507
(Effective until July 1, 2027) Maximum number of judges; residence requirement; compensation; powers; etc
Status: in_force

A. For the several judicial circuits there shall be judges, the maximum number as hereinafter set forth, who shall during their service reside within their respective circuits and whose compensation and powers shall be the same as now and hereafter prescribed for circuit judges.

The maximum number of judges of the circuits shall be as follows:

First — 6

Second — 8

Third — 4

Fourth — 8

Fifth — 4

Sixth — 3

Seventh — 5

Eighth — 3

Ninth — 5

Tenth — 4

Eleventh — 3

Twelfth — 6

Thirteenth — 7

Fourteenth — 5

Fifteenth — 12

Sixteenth — 6

Seventeenth — 4

Eighteenth — 3

Nineteenth — 15

Twentieth — 5

Twenty-first — 3

Twenty-second — 4

Twenty-third — 5

Twenty-fourth — 6

Twenty-fifth — 7

Twenty-sixth — 8

Twenty-seventh — 6

Twenty-eighth — 4

Twenty-ninth — 5

Thirtieth — 4

Thirty-first — 7

B. No additional circuit court judge shall be authorized or provided for any judicial circuit until the Judicial Council has made a study of the need for such additional circuit court judge and has reported its findings and recommendations to the House and Senate Committees for Courts of Justice . The boundary of any judicial circuit shall not be changed until a study has been made by the Judicial Council and a report of its findings and recommendations made to said Committees.

C. If the Judicial Council finds the need for an additional circuit court judge after a study is made pursuant to subsection B, the study shall be made available to the Compensation Board and the House and Senate Committees for Courts of Justice and the Judicial Council shall publish notice of such finding in a publication of general circulation among attorneys licensed to practice in the Commonwealth. The Compensation Board shall make a study of the need to provide additional courtroom security and deputy court clerk staffing. This study shall be reported to the House and Senate Committees for Courts of Justice, and to the Department of Planning and Budget.

1973, c. 544, § 17-119.1:2; 1974, cc. 42, 43; 1975, c. 40; 1977, c. 4; 1979, c. 6; 1980, c. 29; 1981, c. 27; 1982, c. 57; 1983, c. 2; 1985, c. 43; 1986, cc. 78, 479; 1989, c. 43; 1990, cc. 113, 114; 1991, cc. 20, 419, 623; 1992, c. 92; 1993, cc. 9, 89; 1994, cc. 89 , 454 ; 1995, c. 20 ; 1996, c. 120 ; 1997, c. 17 ; 1998, cc. 3 , 872 ; 1999, cc. 10 , 319 ; 2000, c. 37 ; 2004, Sp. Sess. I, c. 4 ; 2005, cc. 190 , 231 , 951 ; 2006, cc. 35 , 738 ; 2006, Sp. Sess. I, c. 2 ; 2013, c. 806 ; 2014, cc. 812 , 822 ; 2018, cc. 126 , 135 ; 2022, cc. 579 , 580 ; 2024, cc. 525 , 606 .
Va. Code Ann. § 17.1-609 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-609
Costs on certain motions and interlocutory orders
Status: in_force

Upon any motion, other than for a judgment for money, or upon any interlocutory order or proceeding, the court may give or refuse costs, at its discretion, unless otherwise provided. It may, when a demurrer is sustained to a plea in abatement, give judgment for the plaintiff for his full costs, to the time of sustaining it, an attorney's fee only excepted; and when any other part of the pleading is adjudged insufficient, order all costs occasioned by such insufficient pleading to be paid by him who committed the fault.

Code 1950, § 14-184; 1964, c. 386, § 14.1-187; 1998, c. 872 .
Va. Code Ann. § 17.1-620 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-620
When juror not entitled to compensation
Status: in_force

No person shall be entitled to receive any compensation for service as a juror if he departs without the leave of the court, or, being summoned as a witness for the Commonwealth, charges for his attendance as such.

Code 1950, § 8-208.35; 1973, c. 439, § 14.1-195.3; 1977, c. 624; 1998, c. 872 .
Va. Code Ann. § 17.1-606 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-606
Persons allowed services without fees or costs
Status: in_force

A. Any person who is (i) a plaintiff in a civil action in a court of the Commonwealth and a resident of the Commonwealth or (ii) a defendant in a civil action in a court of the Commonwealth, and who is on account of his poverty unable to pay fees or costs, may be allowed by a court to sue or defend a suit therein, without paying fees or costs; whereupon he shall have, from any counsel whom the court may assign him, and from all officers, all needful services and process, without any fees, except what may be included in the costs recovered from the opposite party.

B. In determining a person's inability to pay fees or costs on account of his poverty, the court shall consider whether such person is a current recipient of a state or federally funded public assistance program for the indigent or is represented by a legal aid society, subject to § 54.1-3916 , including an attorney appearing as counsel, pro bono, or assigned or referred by a legal aid society. If so, such person shall be presumed unable to pay such fees or costs. Except in the case of a no-fault divorce proceeding under subdivision A (9) of § 20-91 , such presumption shall be rebuttable where the court finds that a more thorough examination of the person's financial resources is necessary.

C. If a person claims indigency but is not presumptively unable to pay under subsection B, or a court, where applicable, finds that a more thorough examination of the financial resources of the petitioner is needed, the court shall consider:

1. The net income of such person, which shall include his total salary and wages, less deductions required by law and tax withholdings;

2. Such person's liquid assets, including all cash on hand as well as assets in checking, savings, and similar accounts; and

3. Any exceptional expenses of such person and his dependents, including costs for medical care, family support obligations, and child care payments.

The available funds of the person shall be calculated as the sum of his total income and liquid assets less exceptional expenses as provided in subdivision 3. If the available funds are equal to or less than 125 percent of the federal poverty income guidelines prescribed for the size of the household of such person by the federal Department of Health and Human Services, he shall be presumed unable to pay. The Supreme Court of Virginia shall be responsible for distributing to all courts the annual updates of the federal poverty income guidelines made by the Department.

Code 1950, § 14-180; 1964, c. 386, § 14.1-183; 1972, c. 839; 1987, c. 197; 1998, c. 872 ; 2017, cc. 226 , 227 ; 2019, cc. 411 , 730 ; 2020, c. 654 .
Va. Code Ann. § 17.1-110 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-110
Their appointment and powers
Status: in_force

When all the parties to any cause pending in a circuit court, or their attorneys of record, shall enter into a written stipulation appointing a judge pro tempore for the trial of the cause and approved by a judge of said court in his discretion, and the person appointed shall take and subscribe an oath faithfully to try and determine the issues joined between the parties, the clerk of the court in which such action or suit is pending shall record the stipulation and oath. The person appointed shall be vested with the same power and authority and shall be charged with the same duties as to the cause in and as to which he is appointed as though he were the regularly elected and qualified judge of such court. However, the parties may, by the terms of their stipulation, limit the power of the judge pro tempore to the trial and determination of any specified issue or issues, either of law or fact and in such cases the oath of the person appointed shall correspond to the terms of the stipulation.

The provisions of this section and § 17.1-109 shall be in addition to the provisions of § 17.1-105 .

Code 1919, § 5900, § 17-9; 1977, c. 237; 1996, c. 616 ; 1998, c. 872 .
Va. Code Ann. § 17.1-418 — Virginia Code / Title 17.1 / Chapter 4 / Section 17.1-418
Fees charged by Clerk of the Court of Appeals
Status: in_force

The Clerk of the Court of Appeals shall charge the following fees:

1. For filing a notice of appeal or initiating any matter under the original jurisdiction of the court, $50 payable by check or money order to the Clerk of the Court of Appeals. Twenty-five dollars of each fee collected under this section shall be apportioned to the Courts Technology Fund established under § 17.1-132 .

2. For making and certifying a copy of any record or document in the Clerk's office, ten cents per 100 words or twenty-five cents per page.

3. For verifying and certifying any record or document not actually copied by the Clerk, one-half of the fee for copying and certifying, which shall not, however, be applied to the certification of a copy of the record in the Court which has already been printed.

4. For authentication of any record, document or paper under the seal of the Court, fifty cents.

5. For copying and certifying any document or paper of less than 250 words, twenty-five cents.

6. For all other services not specifically mentioned above, the same fee that would be charged by a clerk of a circuit court in similar cases.

1992, c. 253, § 14.1-120.1; 1998, c. 872 ; 2006, cc. 623 , 718 .
Va. Code Ann. § 17.1-203 — Virginia Code / Title 17.1 / Chapter 2 / Article 1 / Section 17.1-203
Where clerk's offices to be kept
Status: in_force

The clerk of the Supreme Court shall maintain a clerk's office at Richmond, at such place as the Court shall direct.

Code 1919, § 3385, § 17-37; 1938, p. 132; 1998, c. 872 .
Va. Code Ann. § 17.1-617 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-617
Number of witnesses paid fees in criminal cases
Status: in_force

Not more than the maximum number of witnesses provided for herein shall be paid out of the state treasury in criminal cases.

The maximum number that may be (i) caused to be summoned by an attorney for the Commonwealth in any one case to go before a grand jury -- five; (ii) used before a court not of record in the trial of any criminal case -- five; and (iii) caused to be summoned by an attorney for the Commonwealth for the trial of any criminal case -- ten.

Nothing herein shall be construed to limit (i) the number of witnesses that may be authorized by any court or the judge thereof to be used when the necessity for additional witnesses appears to the court or judge and the consent of the court or judge is first obtained or (ii) the number of witnesses that a grand jury may of its own motion summon.

Code 1950, § 14-192; 1964, c. 386, § 14.1-195; 1998, c. 872 .
Va. Code Ann. § 17.1-202 — Virginia Code / Title 17.1 / Chapter 2 / Article 1 / Section 17.1-202
Clerk, etc., of Supreme Court not to act as counsel
Status: in_force

No clerk, deputy clerk or employee of the Supreme Court shall act as counsel in any case pending in the Court or which may be taken to the Court by appeal or otherwise. Any clerk, deputy clerk or employee violating this section shall be removed from office or employment, as the case may be, in the manner provided in § 17.1-201 .

Code 1919, § 3380, § 17-35; 1938, p. 131; 1998, c. 872 .
Va. Code Ann. § 17.1-289 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-289
Commission on certain local collections not otherwise provided for
Status: in_force

The clerk of every circuit court shall be entitled to a commission of five percent on local collections received by the clerk on which a commission is not otherwise provided for by law. The commissions shall be deducted by the clerk before the collections are paid into the county, town or city treasury.

1977, c. 290, § 14.1-155.2; 1998, c. 872 .
Va. Code Ann. § 17.1-513.01 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-513.01
Jurisdiction of circuit courts with respect to charitable assets
Status: in_force

A. The circuit courts shall have the same subject matter jurisdiction over matters pertaining to assets of charitable corporations, incorporated in or doing any business in Virginia, as the circuit courts have with respect to assets held by unincorporated charitable trusts and other charitable entities, including the power to require accountings, appoint receivers, award damages, and enter injunctive relief against such charitable corporations, their officers, directors, agents, employees and others as may be necessary to protect the public interest in such assets.

B. Nothing contained in this section is intended to modify the standard of conduct applicable under existing law to the directors of charitable corporations incorporated in or doing any business in Virginia.

2002, c. 792 ; 2004, c. 289 .
Va. Code Ann. § 17.1-806 — Virginia Code / Title 17.1 / Chapter 8 / Section 17.1-806
Sentencing guidelines modifications; effective date
Status: in_force

After adoption of the initial guidelines, any modification to the discretionary sentencing guidelines adopted by the Commission shall be contained in the annual report required under § 17.1-803 and shall, unless otherwise provided by law, become effective on the next following July 1.

1994, 2nd Sp. Sess., cc. 1 , 2 , § 17-238; 1998, c. 872 .
Va. Code Ann. § 17.1-603 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-603
Costs when suit is in name of one person for another
Status: in_force

When a suit is in the name of one person for the benefit of any other, if judgment is entered for the defendant's costs, it shall be against such other.

Code 1950, § 14-177; 1964, c. 386, § 14.1-180; 1998, c. 872 .
Va. Code Ann. § 17.1-218 — Virginia Code / Title 17.1 / Chapter 2 / Article 2 / Section 17.1-218
Repealed
Status: repealed

Repealed by Acts 2011, c. 63 , cl. 1.
Va. Code Ann. § 17.1-118 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-118
Display of flags in courtrooms
Status: in_force

There shall be displayed inside each courtroom of a court of record in the cities and counties of the Commonwealth the flag of the United States of America and the flag of the Commonwealth of Virginia. The governing bodies of the respective counties and cities shall make provision for such display and may accept gifts or flags for such purpose.

1954, c. 132, § 17-19.1; 1998, c. 872 .
Va. Code Ann. § 17.1-508 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-508
Judges in new or changed circuits; ratifying, validating and confirming certain actions
Status: in_force

In any case heretofore or hereafter arising in which a judge has been judge of a circuit created under § 17.1-506 as amended, and the counties and cities, or one or more of them, have been transferred to and constituted as part of a new judicial circuit and the remaining counties and cities constituted as a circuit, the judges of the respective circuits are hereby declared to be judges of said circuits in which they reside and their actions are hereby ratified, validated and confirmed.

1962, c. 3, § 17-119.2; 1978, c. 480; 1998, c. 872 .
Va. Code Ann. § 17.1-265 — Virginia Code / Title 17.1 / Chapter 2 / Article 6 / Section 17.1-265
Recordation of evidence of discharge generally; confidentiality
Status: in_force

A. The clerk of the circuit court of the county or city wherein a person discharged from the armed forces of the United States resides shall record, upon presentation, free of charge, the original or a properly authenticated copy of either the discharge certificate or the report of separation from active duty (Department of Defense Document DD-214), or both.

B. Notwithstanding the provisions of § 17.1-208 , discharge certificates and reports of separation from active duty recorded pursuant to this section shall be open for inspection and copying only by the following:

1. The subject of the record;

2. The duly qualified conservator or guardian of the subject of the record;

3. The duly qualified executor or administrator of the estate of the subject of the record, if deceased, or, in the event no executor or administrator has qualified, the next of kin of the deceased subject;

4. An attorney, attorney-in-fact, or other agent or representative of any of the persons described in subdivision 1, 2 or 3, acting pursuant to a written power of attorney or other written authorization; or

5. A duly authorized representative of an agency or instrumentality of federal, state, or local government seeking the record in the ordinary course of performing its official duties.

Under the circumstances in which time is of the essence, including but not limited to, requests for copies of records attendant to the making of funeral arrangements or arrangements for medical care, the clerk, in ascertaining whether a person seeking access to discharge certificates or reports of separation from active duty is qualified to do so pursuant to this section, may rely upon the sworn statement of the requestor made in person before the clerk or his deputy.

C. Notwithstanding the provisions of subsection B, the clerk may permit access to discharge certificates or reports of separation from active duty of deceased persons for bona fide genealogical or other research purposes.

1934, p. 99, § 17-92; Michie Code 1942, § 5214f; 1980, c. 392; 1998, c. 872 ; 2002, c. 299 .
Va. Code Ann. § 17.1-258.5 — Virginia Code / Title 17.1 / Chapter 2 / Article 4.1 / Section 17.1-258.5
Application
Status: in_force

All documents recorded on or after July 1, 2004 that comply with the provisions of this article shall be conclusively presumed to be in proper form for recording, except in cases of fraud.

2005, c. 744 .
Va. Code Ann. § 17.1-708 — Virginia Code / Title 17.1 / Chapter 7 / Article 2 / Section 17.1-708
Meetings
Status: in_force

The Conference shall meet at least once in each calendar year at the call of the president and at such other times as may be designated by him or by the executive committee for the purpose of discussing and considering means and methods of improving the administration of justice in this Commonwealth. If any active member shall for any cause be unable to attend, he shall promptly notify the president. Unless excused from attendance, it shall be the duty of each active member to attend and remain throughout the proceedings of the Conference.

1950, p. 70, § 17-230; 1964, c. 9; 1998, c. 872 .
Va. Code Ann. § 17.1-220 — Virginia Code / Title 17.1 / Chapter 2 / Article 2 / Section 17.1-220
Duplicate certificate of allowance prohibited, unless ordered by court
Status: in_force

Upon proof by the oath of a party or otherwise of the loss or destruction of an original certificate of any allowance to be paid out of the state treasury, the court shall order a duplicate which shall show on its face that it is a duplicate issued by order of the court.

Code 1919, § 3404, § 17-56; 1998, c. 872 .
Va. Code Ann. § 17.1-305 — Virginia Code / Title 17.1 / Chapter 3 / Article 1 / Section 17.1-305
Special sessions
Status: in_force

The Supreme Court by an order entered of record, may direct a special session to be held at such time as it may deem proper.

A special session may also be held, by order of the Chief Justice in vacation, on the written request of the Governor to him, or whenever it is proper in the opinion of the Chief Justice. The time of holding the special session shall be designated in the order, which shall be directed to the clerk, who shall enter it in his record book and give notice thereof to each justice of the Court.

Code 1919, §§ 5884, 5885, §§ 17-100, 17-101; 1971, Ex. Sess., c. 51; 1998, c. 872 .
Va. Code Ann. § 17.1-510 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-510
Election of judge of new circuit; how court held meanwhile
Status: in_force

If a new or additional circuit is created, a judge or judges shall be elected or appointed thereto in the same manner as provided by law for the filling of vacancies or newly created judgeships in existing circuits.

During any vacancy from the creation of the new circuit until a judge has been elected or appointed to fill the vacancy and has qualified, terms of the court shall be held by a judge or by judges designated as provided by law in cases of vacancies.

Code 1919, § 5889, § 17-121; 1920, p. 123; 1924, p. 310; 1944, p. 95; 1998, c. 872 .
Va. Code Ann. § 17.1-257 — Virginia Code / Title 17.1 / Chapter 2 / Article 4 / Section 17.1-257
Repealed
Status: repealed

Repealed by Acts 2000, c. 800 , cl. 2.
Va. Code Ann. § 17.1-287 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-287
Salaries of clerks of circuit courts
Status: in_force

The annual salaries of clerks of circuit courts shall be as prescribed in the general appropriation act.

1982, c. 589, § 14.1-143.2; 1986, c. 370; 1988, c. 841; 1998, c. 872 .
Va. Code Ann. § 17.1-114 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-114
When and how changed
Status: in_force

Whenever in the opinion of a circuit court or the judge thereof, the courthouse or other place wherein it is required to hold its session cannot or should not for any reason be occupied by it, or if the same has been destroyed, or is being repaired, renovated, or enlarged, the court may hold its session at such places within the geographical limits of the same judicial circuit as the court may direct by an order to its clerk. The court shall continue to hold its sessions in such other place until the courthouse or its lawful place of session can be occupied, or until another has been built and fitted for the court's occupation, or until such repairs, renovations or additions have been completed, or until some other place is designated by the court. Except as provided in subsection C of § 17.1-330 or this section or as agreed to by all parties to an action, no session of a circuit court shall be held outside the geographical limits of the county or city of which it is the court.

In the interest of justice, the chief judges of the Twenty-first and the Twenty-third Judicial Circuits may, by order, designate one or more of the courtrooms of any circuit court within their respective circuits as the courtroom or courtrooms in which civil or criminal cases whose venue is laid within the circuit may be tried. In criminal cases, jurors summoned to appear at such courtroom or courtrooms shall reside in the locality in which the crime was committed, except as otherwise provided by law.

Code 1919, § 5965, §§ 17-15, 17-18; 1962, c. 405; 1966, c. 348; 1971, Ex. Sess., c. 156; 1998, c. 872 ; 2005, c. 389 ; 2010, cc. 451 , 757 .
Va. Code Ann. § 17.1-291 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-291
Penalty for officers
Status: in_force

Any officer failing to comply with the duties imposed upon him by the provisions of this article shall forfeit to the Commonwealth not less than $25 nor more than $500 for each such failure, such forfeiture to be enforced by the attorney for the Commonwealth in the circuit court having criminal jurisdiction in his city or county.

Code 1950, § 14-163; 1964, c. 386, § 14.1-163; 1972, c. 170; 1998, c. 872 .
Va. Code Ann. § 17.1-288 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-288
Compensation and expenses of clerks of circuit courts in Cities of Richmond and Newport News
Status: in_force

In the City of Richmond and in the City of Newport News, the clerk of the circuit court shall be paid a salary by the city of not less than the amount which would be allowed to be retained by the respective clerks under state law. Nothing in this paragraph shall be construed to prevent such clerks from receiving any future increases that may be allowed clerks of circuit courts from time to time by the General Assembly.

Such salaries shall be in full compensation for services and shall be in lieu of the retention by such clerks of any and all official fees, commissions and emoluments of whatever kind or character, and from whatever source derived; and the city council of each such city shall provide for the payment of such salaries out of the city treasury in equal biweekly, semimonthly or monthly installments. The expenses of office of such clerks, including the compensation of all deputies and employees, shall likewise be paid to each such clerk out of the city treasury on duly authenticated vouchers when and as such expenses are incurred or may become due and payable or at least monthly. The maximum amount of such expenses shall be fixed by the Compensation Board, and the Board shall fix the number and compensation of the deputies and employees of each such clerk.

All fees, commissions, and emoluments of every kind or character received or collected by such clerks, and from whatever source derived, shall be paid into the city treasury by such clerks monthly. All fees, commissions, and emoluments of every kind and character whether payable by the Commonwealth, the United States, or by private persons, firms or corporations, now or hereafter made receivable by laws or ordinance by such clerks, shall continue to be paid to and collected by such clerks and shall be paid into the city treasury monthly, except that the city aforesaid shall not be required to pay any such clerk any fees or commissions for services performed for such city.

Except as to the Clerk of the Circuit Court of the City of Newport News, nothing in this section shall be construed to affect or remove any of such clerks, their deputies, or employees from coverage by the Virginia Retirement System, but they shall remain in such system, and the city shall pay to the Virginia Retirement System such amount as the Commonwealth would have been required to pay had such clerks, deputies and employees continued to be compensated under other provisions of former Article 3 (§ 14.1-136 et seq.) of Chapter 2 of Title 14.1, and the city shall deduct from the salaries paid such clerks, their deputies and employees the employee contribution to the Virginia Retirement System as provided by law.

1970, c. 382, § 14.1-144.1; 1973, c. 544; 1981, c. 14; 1983, c. 580; 1998, c. 872 .
Va. Code Ann. § 17.1-101 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-101
Time within which a judge may qualify; failure vacates office
Status: in_force

Any judge of this Commonwealth may qualify at any time after receiving his commission and before the expiration of thirty days after the commencement of his term of office. If any judge does not receive his commission until after the commencement of his term of office he may qualify within thirty days from the date of receiving the same. The failure of any judge to qualify within these time limits shall vacate his office.

Code 1919, § 5978, § 17-2; 1998, c. 872 .
Va. Code Ann. § 17.1-515.4 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-515.4
Designation of certain courtrooms within sixteenth circuit for trial of certain cases
Status: in_force

When it appears to one or more of the judges of the sixteenth judicial circuit that such use is appropriate, the courthouse of the Circuit Court of Albemarle County may be used for the trial of civil or criminal cases whose venue is laid in the City of Charlottesville, or the courthouse of the Circuit Court of the City of Charlottesville may be used for the trial of civil or criminal cases whose venue is laid in the County of Albemarle; provided, that in criminal cases, jurors summoned to appear at any such courtroom shall reside in the vicinage of which the crime is laid.

1978, c. 61, § 17-126.4.
Va. Code Ann. § 17.1-304 — Virginia Code / Title 17.1 / Chapter 3 / Article 1 / Section 17.1-304
Terms and sessions, state of emergency
Status: in_force

A. The Supreme Court shall hold one term annually, commencing at such time and continuing for such period as it may determine. Sessions shall be held at Richmond commencing at such times and continuing for such periods as the Court from time to time directs.

B. In the event of a state of emergency declared by the Governor pursuant to Chapter 3.2 (§ 44-146.13 et seq.) of Title 44 or declared by the President of the United States or the governor of another state pursuant to law and confirmed by the Governor by an executive order, the Supreme Court may convene at such time, in such location, and for such purposes as the Court determines is necessary for the efficient and effective administration of justice.

C. When the Court convenes pursuant to subsection B, the Court may satisfy its quorum by the presence of the justices through the use of technology.

Code 1919, § 5866, § 17-99; 1938, p. 134; 1944, p. 486; 1971, Ex. Sess., c. 51; 1972, c. 856; 1998, c. 872 ; 2006, c. 357 .
Va. Code Ann. § 17.1-284 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-284
How excess payable into state or local treasury determined
Status: in_force

In determining the excess, if any, to be paid into the state treasury by the clerks, all fees, allowances, commissions, salary or other compensation or emolument of office derived from the Commonwealth or any political subdivision thereof, or from any source whatever, shall be included and enter into the determination of the excess to be paid.

Code 1950, § 14-149; 1964, c. 386, § 14.1-140; 1998, c. 872 .
Va. Code Ann. § 17.1-275.11 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-275.11
Additional fee assessed for conviction of certain offenses
Status: in_force

Beginning May 1, 2003, the clerk shall assess a person, in addition to the fees provided for by §§ 17.1-275.1 , 17.1-275.2 , 17.1-275.3 , 17.1-275.4 , 17.1-275.5 , 17.1-275.7 , 17.1-275.8 , and 17.1-275.9 , a fee of $100 upon conviction of any and each charge of a violation of §§ 18.2-36.1 , 18.2-51.4 , 18.2-266 , 18.2-266.1 , 18.2-268.3 , 46.2-341.24 or § 46.2-341.26:3 , or any similar local ordinance.

2003, c. 1042 , cl. 9.
Va. Code Ann. § 17.1-904 — Virginia Code / Title 17.1 / Chapter 9 / Section 17.1-904
Compensation and expenses
Status: in_force

Members of the Commission shall receive compensation for their services and shall be allowed all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825 . The compensation and expenses of members and all other necessary expenses of the Commission shall be provided from existing appropriations to the Commission.

1971, Ex. Sess., c. 154, § 2.1-37.8; 1978, c. 452; 1979, c. 316; 2001, c. 844 ; 2004, c. 1000 .
Va. Code Ann. § 17.1-411 — Virginia Code / Title 17.1 / Chapter 4 / Section 17.1-411
Review by the Supreme Court
Status: in_force

Except where the decision of the Court of Appeals is made final under § 17.1-410 or § 19.2-408 , any party aggrieved by a final decision of the Court of Appeals, including the Commonwealth, may petition the Supreme Court for an appeal. The Commonwealth, or any county, city, or town, may also petition the Supreme Court for review pursuant to § 19.2-317 . The granting of such petitions shall be in the discretion of the Supreme Court.

1983, c. 413, § 17-116.08; 1997, c. 358 ; 1998, c. 872 .
Va. Code Ann. § 17.1-601 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-601
General rule as to recovery of costs on final judgment
Status: in_force

Except when it is otherwise provided, the party for whom final judgment is given in an action or motion shall recover his costs against the opposite party. When the action is against two or more and there is a judgment for, or discontinuance as to, some, but not all of the defendants, unless the court enter of record that there was reasonable cause for making defendants those for whom there is such judgment, or as to whom there is such discontinuance and shall order otherwise, they shall recover their costs.

Code 1950, § 14-175; 1964, c. 386, § 14.1-178; 1998, c. 872 .
Va. Code Ann. § 17.1-1005 — Virginia Code / Title 17.1 / Chapter 10 / Section 17.1-1005
Penalties
Status: in_force

A. A person harmed by a violation of this chapter may file a motion alleging the violation with the administrative body, court, or administrative tribunal in which the action upon which the legal proceeding is based is pending or is scheduled to be heard. A person need not commence a separate action to allege a violation of this chapter.

B. A complaint alleging a violation of this chapter may be filed by any person with knowledge of the offense or by the administrative body, court, or administrative tribunal on its own initiative. The court reporter or court reporting services provider alleged to have violated this chapter shall be given notice and a right to be heard on any such complaint, with the right of appeal or review as in other cases.

C. A complaint and request for civil penalties and sanctions may be brought:

1. By motion in the administrative body, court, or administrative tribunal in which the case is pending or scheduled to be heard; or

2. In the general district court for the county or city in which the court reporting services were or are scheduled to be provided.

D. A court reporter or court reporting services provider that willfully violates this chapter shall be subject to a civil penalty of $500 for the first offense, $750 for the second offense, and $1,000 for the third and any subsequent offense. Such penalty shall be collected by the clerk of the administrative body, court, or administrative tribunal in which such penalty was assessed. The amounts so collected shall be paid by the clerk to the state treasury and credited to the Legal Aid Services Fund within the Virginia State Bar fund. Such amounts credited to the Legal Aid Services Fund shall be disbursed by the Virginia State Bar by check from the State Treasurer upon a warrant of the comptroller to nonprofit legal aid programs organized under the auspices of the Virginia State Bar through the Legal Services Corporation of Virginia.

In addition to any civil penalty assessed, the administrative body, court, or administrative tribunal that received the complaint pursuant to this section and determined that a person or entity violated this chapter may bar such person or entity from providing services in matters before such body, court, or tribunal.

E. An administrative body, court, or administrative tribunal that finds a violation as a result of a complaint pursuant to this section shall submit a record of the nature and disposition of each complaint to the Virginia State Bar, which shall make such information publicly available on its website.

2018, c. 783 .
Va. Code Ann. § 17.1-515.1 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-515.1
Territorial jurisdiction of the Circuit Court for the City of Lynchburg
Status: in_force

The territorial jurisdiction of the Circuit Court for the City of Lynchburg shall extend to the corporate limits of the city and to a space of one mile without and around the city limits, except that the same shall not extend further into the County of Amherst than the corporate limits. Any judgment, order, or decree of the Circuit Court for the City of Lynchburg heretofore made in any case in which the court would have had jurisdiction had this section then been in operation shall have the same effect as if it had been at that time in force.

Code 1919, § 5904, § 17-125; 2018, c. 164 .
Va. Code Ann. § 17.1-705.2 — Virginia Code / Title 17.1 / Chapter 7 / Article 1 / Section 17.1-705.2
Days when circuit courts shall be open
Status: in_force

Subject to §§ 2.2-3300 and 17.1-207 , the Judicial Council may determine when the circuit courts of the Commonwealth shall be open for business. Any closing of the circuit courts pursuant to this section shall have the same effect as provided in subsection B of § 1-210 .

2016, cc. 237 , 548 .
Va. Code Ann. § 17.1-511 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-511
Investigation and certification of necessity before vacancies filled
Status: in_force

When a vacancy occurs in the office of judge of any court of record, the vacancy shall not be filled until, after investigation, the Supreme Court certifies that the filling of the vacancy is or is not necessary. If the Court certifies that the filling of the vacancy is necessary, the Court shall publish notice of such certification in a publication of general circulation among attorneys licensed to practice in the Commonwealth. No notice of retirement submitted under § 51.1-305 or § 51.1-307 shall be revoked after certification of the vacancy by the Court. If the Court certifies that the filling of the vacancy is not necessary, it shall recommend to the General Assembly the manner of distributing the work of the judge; and the Governor shall not fill the vacancy.

1940, p. 178, § 17-122; Michie Code 1942, § 5889a; 1944, p. 96; 1962, c. 287; 1973, c. 544; 1998, c. 872 ; 1999, c. 319 ; 2004, c. 331 .
Va. Code Ann. § 17.1-211 — Virginia Code / Title 17.1 / Chapter 2 / Article 2 / Section 17.1-211
Maintenance and disposition of certain receipt books, cancelled checks and statements
Status: in_force

The clerk of each court of record shall maintain in his office all official receipt books showing receipt of any funds in his custody or that of the court, all canceled checks showing payments from any such funds, and all statements of bank accounts in which funds of the clerk's office or of the court are deposited. Such books, checks and statements shall be maintained until they have been audited by the Auditor of Public Accounts, and for a further period of three years, in the case of receipt books, canceled checks, and bank statements. Thereafter, the clerk may destroy such records in accordance with retention regulations for records maintained by the clerk established under the Virginia Public Records Act (§ 42.1-76 et seq.).

1962, c. 445, § 17-46.1; 1981, c. 637; 1998, c. 872 .
Va. Code Ann. § 17.1-331 — Virginia Code / Title 17.1 / Chapter 3 / Article 3 / Section 17.1-331
Notice
Status: in_force

Any order declaring a judicial emergency shall be recorded in the order book maintained by the clerk of the Supreme Court, and notice shall be provided to the clerk of the Court of Appeals and all judges and clerks of the courts within any affected circuit or district. Notice to the public shall be given by any means reasonably calculated to inform interested persons and may, without limitation, include publication in a newspaper of local or state-wide distribution, posting of written notices at courthouses and other public facilities, and announcements on television, radio, and the Internet.

2010, cc. 451 , 757 .
Va. Code Ann. § 17.1-913 — Virginia Code / Title 17.1 / Chapter 9 / Section 17.1-913
Confidentiality of papers and proceedings; exception
Status: in_force

A. Except as provided in subsection C, all papers filed with and proceedings before the Commission, and under §§ 17.1-909 and 17.1-910 , including the identification of the subject judge as well as all testimony and other evidence and any transcript thereof made by a reporter, shall be confidential and shall not be divulged, other than to the Commission, by any person who (i) either files a complaint with the Commission, or receives such complaint in an official capacity; (ii) investigates such complaint; (iii) is interviewed concerning such complaint by a member, employee or agent of the Commission; or (iv) participates in any proceeding of the Commission or in the official recording or transcription thereof, except that the record of any proceeding filed with the Supreme Court shall lose its confidential character. However, if the Commission finds cause to believe that any witness under oath has willfully and intentionally testified falsely, the Commission may direct the chairman or one of its members to report such finding and the details leading thereto including any transcript thereof to the attorney for the Commonwealth of the city or county where such act occurred for such disposition as to a charge of perjury as the Commonwealth may be advised. In any subsequent prosecution for perjury based thereon, the proceedings before the Commission relevant thereto shall lose their confidential character.

All records of proceedings before the Commission which are not filed with the Supreme Court in connection with a formal complaint filed with that tribunal, shall be kept in the confidential files of the Commission.

However, a judge who is under investigation by the Commission, or any person authorized by him, may divulge information pertaining to a complaint filed against such judge as may be necessary for the judge to investigate the allegations in the complaint in preparation for the proceedings before the Commission.

B. Advice on judicial ethics given by an attorney employed by the Commission to a judge and the records of such advice shall be confidential and not be divulged except as permitted in subsection A. However, the Commission may share such advice, but not the identity of the judge to whom the advice was given, with a committee established by the Supreme Court for the development of formal judicial ethics advisory opinions. Any such shared information shall remain confidential within such committee.

C. The Commission shall notify a complainant of the final decision made or action taken in regards to his filed complaint within 30 days of such decision or action. Such notice shall include the decision made or action taken by the Commission. The confidentiality provisions of subsection A shall not apply to notifications made by the Commission under this subsection.

1971, Ex. Sess., c. 154, § 2.1-37.13; 1979, c. 11; 1984, c. 650; 1993, c. 92; 2001, c. 844 ; 2005, c. 508 ; 2023, c. 329 .
Va. Code Ann. § 17.1-525 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-525
Certain information to be made available to certain defendants found not guilty
Status: in_force

In any case in which a defendant is found not guilty of any offense after a trial in a circuit court at which evidence of the defendant's mental condition at the time of the alleged offense was introduced in accordance with § 19.2-271.6 , the court shall make available to the defendant information provided by the community services board in accordance with § 37.2-513 regarding services provided by the community services board and how such services may be accessed.

2023, cc. 217 , 218 .
Va. Code Ann. § 17.1-908 — Virginia Code / Title 17.1 / Chapter 9 / Section 17.1-908
Scope of process
Status: in_force

In any investigation or formal proceeding in any part of the Commonwealth, any process issued pursuant to the provisions of § 17.1-907 shall be effective throughout the Commonwealth.

1971, Ex. Sess., c. 154, § 2.1-37.10; 2001, c. 844 .
Va. Code Ann. § 17.1-107 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-107
Designation of judge to assist regular judge holding case under advisement for unreasonable length of time
Status: in_force

A. In any civil action, a judge of a circuit court who fails to act on any matter, claim, motion, or issue that has been submitted to the court for a decision or render a final decision in the action shall report, in writing, to the parties or their counsel on any such matter, claim, motion, issue, or action held under advisement for more than 60 days after such submission stating an expected time of a decision. In any civil action in which a judge fails to report as required by this section or fails to render a decision within the expected time stated in the report, any party or their counsel may notify the Chief Justice of the Supreme Court. Whenever the Chief Justice of the Supreme Court, or any justice designated by him, has reasonable cause to believe that any judge of a court of record may be holding any matter, claim, motion, issue, or case under advisement for an unreasonable length of time, he shall inquire into the cause of such delay, and if he finds it necessary in order to expedite the administration of justice, he shall designate a judge or retired judge of a court of record to assist the regular judge in the performance of his duties.

B. Complaints made hereunder shall be absolutely privileged and the name of the complainant shall not be disclosed without his consent.

1962, c. 285, § 17-7.1; 1973, c. 544; 1998, c. 872 ; 2008, c. 813 ; 2014, c. 62 .
Va. Code Ann. § 17.1-259 — Virginia Code / Title 17.1 / Chapter 2 / Article 5 / Section 17.1-259
Recordation of master deed of trust; form and requisites
Status: in_force

A. Any person may record in any clerk's office in the Commonwealth where deeds are recorded a form of a deed of trust, hereinafter referred to as a "master deed."

B. The master deed shall bear the caption "Master Deed of Trust," and may contain any provisions not in conflict with law. The provisions shall be numbered or lettered, clearly distinguishable one from the other, and susceptible of exact reference.

1954, c. 8, §§ 17-83.2, 17-83.3; 1998, c. 872 .
Va. Code Ann. § 17.1-207 — Virginia Code / Title 17.1 / Chapter 2 / Article 2 / Section 17.1-207
Days of operation of clerks' offices
Status: in_force

A. The clerk's office of every court shall be kept open on every day except Saturday, except as provided in subsection B, and Sunday, and the days provided for in § 2.2-3300 , for the transaction of business; provided that:

1. The clerk's office of the circuit court of any county or city may be closed on any day which is established as a general holiday for the employees of such county or city by a resolution duly adopted by the governing body of such county or city and filed in the office of the clerk; provided that such general holiday shall have the same force and effect as a legal holiday as set forth in subsection B of § 1-210 ;

2. The clerk of the circuit court of any county or city may close such clerk's office on Christmas Eve; provided that the closing of any clerk's office as provided by this subdivision shall have the same force and effect as a legal holiday as set forth in subsection B of § 1-210 ;

3. The chief judge or presiding judge of any circuit court may authorize the clerk of the court to close the clerk's office on any day when the chief judge or presiding judge determines that operation of the clerk's office, under prevailing conditions, would constitute a threat to the health and safety of the clerk's office personnel or the general public. Closing of the clerk's office pursuant to this subdivision shall have the same effect as provided in subsection B of § 1-210 ;

4. The clerk of the circuit court of any county or city may close such clerk's office on any day or portion of a day that the Governor declares as a holiday for state employees, or on any day or portion of a day on which the Governor, Supreme Court, or Judicial Council authorizes state offices to be closed; provided that such closing of any clerk's office shall have the same force and effect as a legal holiday as set forth in subsection B of § 1-210 .

B. Nothing in this section shall be construed to prohibit the clerk to open the clerk's office on Saturdays, during such hours as the clerk of the circuit court may authorize, solely for the purposes of (i) permitting examination and copying of court records, (ii) accepting applications for and granting licenses pursuant to applicable law, and (iii) recording instruments. For all other purposes, including without limitation the filing of actions at law and suits in equity and all pleadings, pleas and motions therein, such clerk's office shall be closed with the force and effect of a statutory closing as provided in subsection B of § 1-210 .

Code 1919, § 3388, § 17-41; 1920, p. 242; 1930, p. 353; 1936, p. 16; 1942, p. 242; 1944, p. 39; 1946, p. 55; 1947, p. 95; 1950, p. 1166; 1952, c. 434; 1954, c. 304; 1956, c. 24; 1959, Ex. Sess., c. 64; 1960, cc. 25, 482; 1962, c. 409; 1966, c. 250; 1970, c. 61; 1972, c. 128; 1974, cc. 279, 569; 1986, c. 166; 1993, c. 429; 1996, cc. 588 , 592 ; 1998, c. 872 ; 2000, cc. 412 , 444 ; 2001, c. 287 ; 2005, c. 839 ; 2024, cc. 482 , 521 .
Va. Code Ann. § 17.1-223 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-223
Duty of clerk to record writings, etc., and make index
Status: in_force

A. Every writing authorized by law to be recorded, with all certificates, plats, schedules or other papers thereto annexed or thereon endorsed, upon payment of fees for the same and the tax thereon, if any, shall, when admitted to record, be recorded by or under the direction of the clerk on such media as are prescribed by § 17.1-239 . However, unless a cover sheet is submitted with the writing in accordance with § 17.1-227.1 , the clerk has the authority to reject any writing for recordation unless (i) as to any individual who is a party to such writing, the surname only of such individual is underscored or written entirely in capital letters in the first clause of the writing that identifies the names of the parties; (ii) each page of the writing is numbered consecutively; (iii) in the case of a writing described in § 58.1-801 or 58.1-807 , the amount of the consideration and the actual value of the property conveyed is stated on the first page of the writing; (iv) the laws of the United States or the Commonwealth under which any exemption from recordation taxes is claimed is clearly stated on the face of the writing; and (v) the name of each party to such writing under whose name the writing is to be indexed as grantor, grantee, or both is listed in the first clause of the writing that identifies the names of the parties and identified therein as grantor, grantee, or both, as applicable. Such writing, once recorded, may be returned to any party to such writing who is identified therein as a grantee unless otherwise indicated clearly on the face of the writing, or any cover sheet, including an appropriate current address to which such writing shall be returned.

B. The attorney or party who prepares the writing for recordation shall ensure that the writing satisfies the requirements of subsection A and that (i) the social security number is removed from the writing prior to the instrument being submitted for recordation, (ii) a deed conveying residential property containing not more than four residential dwelling units states on the first page of the document the name of the title insurance underwriter insuring such instrument or a statement that the existence of title insurance is unknown to the preparer, and (iii) a deed conveying residential property containing not more than four residential dwelling units states on the first page of the document that it was prepared by the owner of the real property or by an attorney licensed to practice law in the Commonwealth where such statement by an attorney shall include the name and Virginia State Bar number of the attorney who prepared the deed, provided, however, that clause (iii) shall not apply to deeds of trust or to deeds in which a public service company, railroad, or cable system operator is either a grantor or grantee, and it shall be sufficient for the purposes of clause (iii) that deeds prepared under the supervision of the Office of the Attorney General of Virginia so state without the name of an attorney or bar number.

C. If the clerk has an eRecording System as defined in § 55.1-661 , the clerk shall follow the provisions of this section, and the Uniform Real Property Electronic Recording Act (§ 55.1-661 et seq.), for recordation of documents. If the clerk does not have an eRecording System, the clerk shall record a legible paper copy of an electronic document, provided that such copy (i) otherwise meets the requirements of this section for recordation and (ii) is certified to be a true and correct copy of the electronic original by the attorney, settlement agent, or other party who submits the document for recordation. If a clerk's eRecording System is not operational at any time, or the eRecording System does not accept the type of electronic document being submitted, such clerk shall use the process for recording a legible paper copy of an electronic copy as set out herein. An affidavit under this section may be made in the following form, or to the same effect:

Affidavit of Submitter

The undersigned affiant, being first duly sworn, deposes and states as follows, prepared pursuant to § 17.1-223 of the Code of Virginia, that the attached electronic document is a true and correct copy of the electronic original.

(Name of submitter) ________________

(Signature of submitter) ________________

(Address of submitter) ________________

(Telephone of submitter) ________________

(Email of submitter) ________________

The foregoing affidavit was acknowledged before me this ________ day of ________, 20__, by

Notary public: ________________

My commission expires: ________________.

Notary Registration Number: ________________.

D. A writing that appears on its face to have been properly notarized in accordance with the Virginia Notary Act (§ 47.1-1 et seq.) shall be presumed to have been notarized properly and shall be recorded by the clerk, if such document otherwise meets the requirements of this section for recordation.

E. If the writing is accepted for recordation in the deed books, it shall be deemed to be validly recorded for all purposes. Such books shall be indexed by the clerk as provided by § 17.1-249 and carefully preserved. Upon admitting any such writing or other paper to record, the clerk shall endorse thereon the day and time of day of such recordation. More than one book may be used contemporaneously under the direction of the clerk for the recordation of the writings mentioned in this section whenever it may be necessary to use more than one book for the proper conduct of the business of the clerk's office.

Code 1919, § 3392, § 17-59; 1926, p. 465; 1934, p. 514; 1979, c. 527; 1983, c. 293; 1985, c. 246; 1986, c. 167; 1990, c. 374; 1996, c. 454 ; 1998, c. 872 ; 2004, c. 336 ; 2007, c. 451 ; 2008, cc. 117 , 814 , 823 , 833 ; 2012, c. 74 ; 2013, c. 193 ; 2014, c. 338 ; 2021, Sp. Sess. I, c. 78 .
Va. Code Ann. § 17.1-275.7 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-275.7
Fixed misdemeanor fee
Status: in_force

In circuit court, upon (i) conviction of any and each misdemeanor, not originally charged as a felony; (ii) a deferred disposition of proceedings in the case of any and each misdemeanor not originally charged as a felony and deferred pursuant to the terms and conditions of § 4.1-305 , 16.1-278.8 , 16.1-278.9 , 18.2-57.3 , 19.2-298.02 , 19.2-303.2 , or 19.2-303.6 ; (iii) any and each conviction of a traffic infraction or referral to a driver improvement clinic or traffic school in lieu of a finding of guilt for a traffic infraction; or (iv) proof of compliance with law under §§ 46.2-104 and 46.2-1158.02 , there shall be assessed as court costs a fee of $80, to be known as the fixed misdemeanor fee. However, this section shall not apply to those proceedings provided for in § 17.1-275.8 . This fee shall be in addition to any fee assessed in the district court.

The amount collected, in whole or in part, for the fixed misdemeanor fee shall be apportioned, as provided by law, to the following funds in the fractional amounts designated:

1. Sentencing/supervision fee (General Fund) (.0125000);

2. Witness expenses/expert witness fee (General Fund)(.0250000);

3. Virginia Crime Victim-Witness Fund (.0375000);

4. Intensified Drug Enforcement Jurisdiction Fund (.0500000);

5. Criminal Injuries Compensation Fund (.2500000);

6. Commonwealth's Attorney Fund (state share) (.0937500);

7. Commonwealth's Attorney Fund (local share) (.0937500);

8. Regional Criminal Justice Academy Training Fund (.0125000);

9. Warrant fee, as prescribed by § 17.1-272 (.1500000);

10. Courthouse Construction/Maintenance Fund (.0250000); and

11. Clerk of the circuit court (.2500000).

2002, c. 831 ; 2003, c. 1039 ; 2005, c. 631 ; 2009, c. 756 ; 2011, cc. 283 , 565 ; 2020, c. 1004 ; 2020, Sp. Sess. I, c. 21 .
Va. Code Ann. § 17.1-301 — Virginia Code / Title 17.1 / Chapter 3 / Article 1 / Section 17.1-301
Presiding justice when Chief Justice absent
Status: in_force

In the absence of the Chief Justice, the justice longest in continuous service present shall be the presiding justice. If two or more justices have served for the same period, the justice senior in years of these present shall be the presiding justice.

Code 1919, § 5863, § 17-95; 1938, p. 134; 1998, c. 872 .
Va. Code Ann. § 17.1-293.1 — Virginia Code / Title 17.1 / Chapter 2 / Article 8 / Section 17.1-293.1
Online case information system; exceptions
Status: in_force

A. The Executive Secretary shall make available a publicly viewable online case information system of certain nonconfidential information entered into the case management system for criminal cases in the circuit courts participating in the Executive Secretary's case management system and in the general district courts. Such system shall be searchable by defendant name across all participating courts, and search results shall be viewable free of charge.

B. Upon entry of a sealing order pursuant to § 19.2-392.7 , 19.2-392.8 , 19.2-392.11 , 19.2-392.12 , or 19.2-392.12:1 , the Executive Secretary shall not make any offense that was ordered to be sealed available for online public viewing in an appellate court, circuit court, or district court case management system maintained by the Executive Secretary. Any offense that was sealed without a court order pursuant to § 19.2-392.6:1 or 19.2-392.17 shall not be available for online public viewing in any such system.

C. Upon entry of a sealing order pursuant to § 19.2-392.7 , 19.2-392.8 , 19.2-392.11 , 19.2-392.12 , or 19.2-392.12:1 , any circuit court clerk who maintains a viewable online case management or case information system shall not make any offense that was ordered to be sealed available for online public viewing. Any offense that was sealed without a court order pursuant to § 19.2-392.6:1 or 19.2-392.17 shall not be available for online public viewing in any such system.

2018, cc. 127 , 584 ; 2021, Sp. Sess. I, c. 524 , 542 ; 2023, cc. 554 , 555 ; 2025, cc. 634 , 671 .
Va. Code Ann. § 17.1-610 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-610
Payment of costs when new trial granted
Status: in_force

The party to whom a new trial is granted shall, prior to such new trial, pay the costs of the former trial, unless the court enter that the new trial is granted for misconduct of the opposite party, who, in such case, may be ordered to pay any costs which seem to the court reasonable. Such costs shall include the allowances to witnesses as provided in § 17.1-612 . If the party who is to pay the costs of the former trial fails to pay the same at or before the next term after the new trial is granted, the court may, on the motion of the opposite party, set aside the order granting it, and proceed to judgment on the verdict or award execution for the costs, whichever seems best.

Code 1950, § 14-185; 1962, c. 227; 1964, c. 386, § 14.1-188; 1998, c. 872 .
Va. Code Ann. § 17.1-629 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-629
No judgment for costs against Commonwealth; exception
Status: in_force

In no case, civil or criminal, whether in a court of record or a court not of record, except when otherwise specially provided, shall there be a judgment for costs against the Commonwealth.

Code 1950, § 14-197; 1964, c. 386, § 14.1-201; 1998, c. 872 .
Va. Code Ann. § 17.1-115 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-115
How order or warrant making change posted
Status: in_force

A copy of every order of court of a judge issued under § 17.1-114 shall, if practicable, be posted by the clerk of the court at the door of his office and at the courthouse door, and also at the place where the court has designated that its session be held.

Code 1919, § 5966, § 17-16; 1998, c. 872 .
Va. Code Ann. § 17.1-1004 — Virginia Code / Title 17.1 / Chapter 10 / Section 17.1-1004
Pro bono services
Status: in_force

Nothing in this chapter shall be construed to limit the ability of a court reporter or court reporting services provider to provide pro bono services to persons or parties with limited means.

2018, c. 783 .
Va. Code Ann. § 17.1-312 — Virginia Code / Title 17.1 / Chapter 3 / Article 1 / Section 17.1-312
Where criminal jurisdiction exercised
Status: in_force

The appellate jurisdiction of the Supreme Court in any criminal case may be exercised at any place of session, no matter where the court may have been held which rendered the judgment in such case.

Code 1919, § 5870, § 17-110; 1998, c. 872 .
Va. Code Ann. § 17.1-247 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-247
Repealed
Status: repealed

Repealed by Acts 2013, c. 263 , cl. 2.
Va. Code Ann. § 17.1-219 — Virginia Code / Title 17.1 / Chapter 2 / Article 2 / Section 17.1-219
Clerk to prepare bonds
Status: in_force

Every clerk of a court of record shall prepare, in a proper manner, any bond to be taken by, or given before, him or his court or the judge thereof.

Code 1919, § 3390, § 17-55; 1998, c. 872 .
Va. Code Ann. § 17.1-300 — Virginia Code / Title 17.1 / Chapter 3 / Article 1 / Section 17.1-300
Composition of Court; quorum; Chief Justice
Status: in_force

The Supreme Court shall consist of seven justices, any four of whom convened shall constitute a quorum. The Chief Justice shall be elected by majority vote of the justices of the Supreme Court to serve a term of four years. An eligible justice may decline to serve as Chief Justice, or a Chief Justice may resign as such, without thereby relinquishing his membership on the Court as a justice thereof.

Code 1919, § 5862, § 17-93; 1938, p. 133; 1971, Ex. Sess., c. 51; 1998, c. 872 ; 2002, cc. 43 , 552 .
Va. Code Ann. § 17.1-706 — Virginia Code / Title 17.1 / Chapter 7 / Article 2 / Section 17.1-706
Establishment and membership
Status: in_force

There is hereby established the Judicial Conference of Virginia, which shall have as its active members the Chief Justice and justices of the Supreme Court of Virginia, the chief judge and judges of the Court of Appeals, all other judges of the circuit courts of the Commonwealth and all retired justices and judges of such courts. The honorary membership shall consist of the Attorney General of Virginia, the Chairmen of the House and Senate Committees for Courts of Justice or their designees who shall be members of the Courts of Justice committees, the president and secretary of the Virginia State Bar, the president and secretary of the Virginia Bar Association, the president and secretary of the Virginia Trial Lawyers Association, the president and secretary of the Virginia Association of Defense Attorneys, the president and secretary of the Old Dominion Bar Association, the president and secretary of the Virginia Association of Commonwealth's Attorneys, the president and secretary of the Virginia Women Attorneys Association, the president and secretary of the Virginia Association of Criminal Defense Lawyers, the deans of the law schools of The College of William and Mary in Virginia, University of Richmond, University of Virginia, Washington and Lee University, George Mason University, Regent University, Liberty University, and the Appalachian School of Law, and the two attorneys appointed by the Chief Justice of the Supreme Court as members of the Judicial Council. The honorary members shall not have voting privileges.

1950, p. 69, § 17-228; 1964, c. 9; 1970, c. 404; 1980, c. 447; 1981, c. 231; 1984, c. 703; 1989, c. 597; 1990, c. 249; 1998, cc. 38 , 872 ; 2008, c. 115 ; 2012, c. 76 .
Va. Code Ann. § 17.1-104 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-104
In election by court, votes to be recorded
Status: in_force

In every appointment or election by a court to fill any office or post, the votes shall be made in writing and recorded in the order or minute book.

Code 1919, § 5961, § 17-6; 1986, c. 294; 1998, c. 872 .
Va. Code Ann. § 17.1-327 — Virginia Code / Title 17.1 / Chapter 3 / Article 2 / Section 17.1-327
Payment for services of retired judges; members of the State Corporation Commission and Virginia Workers' Compensation Commission
Status: in_force

Any justice, judge, member of the State Corporation Commission, or member of the Virginia Workers' Compensation Commission who is retired under the Judicial Retirement System (§ 51.1-300 et seq.) and who is temporarily recalled to service shall be reimbursed for actual expenses incurred during such service and shall be paid a per diem of $400 for each day he actually sits, exclusive of travel time.

1990, c. 832, § 14.1-39.1; 1998, c. 872 ; 1999, c. 730 ; 2023, c. 328 .
Va. Code Ann. § 17.1-209 — Virginia Code / Title 17.1 / Chapter 2 / Article 2 / Section 17.1-209
Repealed
Status: repealed

Repealed by Acts 2012, c. 802 , cl. 2.
Va. Code Ann. § 17.1-320 — Virginia Code / Title 17.1 / Chapter 3 / Article 1 / Section 17.1-320
Furnishing reports to law libraries destroyed by fire
Status: in_force

The Executive Secretary of the Supreme Court of Virginia is authorized and directed to furnish to the law school of any institution of higher education in the Commonwealth whose law library has been destroyed by fire, out of any surplus copies on hand and available for such distribution, eight copies of each volume of the Virginia Reports, or so many thereof as may be necessary to replace copies of such volumes which have been destroyed by such fire.

Nothing in this section shall be construed to require the Executive Secretary of the Supreme Court of Virginia to purchase any such copies for distribution hereunder.

1980, c. 615, § 17-111.7; 1998, c. 872 .
Va. Code Ann. § 17.1-404 — Virginia Code / Title 17.1 / Chapter 4 / Section 17.1-404
Original jurisdiction in matters of contempt and injunctions, writs of mandamus, prohibition and habeas corpus
Status: in_force

The Court of Appeals shall have authority to punish for contempt. In addition, in such cases over which the court would have appellate jurisdiction, the court shall have original jurisdiction to issue writs of mandamus, prohibition and habeas corpus.

1983, c. 413, § 17-116.04; 1984, c. 701; 1998, c. 872 ; 2022, c. 307 .
Va. Code Ann. § 17.1-222 — Virginia Code / Title 17.1 / Chapter 2 / Article 2 / Section 17.1-222
Failure to make report
Status: in_force

The Executive Secretary, at the direction of the Court, shall report every clerk who fails to make the report mentioned in § 17.1-221 to the chief judge of the clerk's court.

Code 1919, § 3406, § 17-58; 1938, p. 130; 1964, c. 10; 1998, c. 872 .
Va. Code Ann. § 17.1-261 — Virginia Code / Title 17.1 / Chapter 2 / Article 6 / Section 17.1-261
Recordation of names of men who served during World War I
Status: in_force

The clerk of the circuit court of each county or city shall preserve the book or books in which have been recorded the lists of the residents of such counties or cities, who became members of the military forces of the United States during World War I.

Any person who has joined either the naval or military forces of the United States or its allies, may have his name spread upon such record, upon application and proof of such service, or some person may make such application for him, and when done his name shall be placed upon the record.

The clerks shall be entitled to the fees allowed by law for copying in similar cases.

1918, p. 500, § 17-84; Michie Code 1942, § 5214a; 1998, c. 872 .
Va. Code Ann. § 17.1-251 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-251
Indexing of certain subdivision plats or maps
Status: in_force

When any plat or map of a subdivision which contains fifteen lots or more is recorded in the general index, the clerk shall, in addition to complying with the requirements set forth in § 17.1-249 , add the magisterial district wherein the subdivision is located. Such plat or map shall also show the source of title of the immediate grantor.

1974, c. 349, § 17-79.2; 1998, c. 872 .
Va. Code Ann. § 17.1-417 — Virginia Code / Title 17.1 / Chapter 4 / Section 17.1-417
Support staff
Status: in_force

Each judge of the Court of Appeals shall be entitled to the services of such support staff as shall be authorized by and paid from the appropriation to the Court of Appeals.

1983, c. 413, § 17-116.014; 1984, c. 701; 1998, c. 872 ; 2001, c. 35 .
Va. Code Ann. § 17.1-213 — Virginia Code / Title 17.1 / Chapter 2 / Article 2 / Section 17.1-213
Disposition of papers in ended cases
Status: in_force

A. All case files for cases ended prior to January 1, 1913, shall be permanently maintained in hardcopy form, either in the locality served by the circuit court where such files originated or in The Library of Virginia in accordance with the provisions of § 42.1-86 and subsection C of § 42.1-87 .

B. The following records for cases ending on or after January 1, 1913, shall be retained for 10 years after conclusion:

1. Conditional sales contracts;

2. Concealed weapons permit applications;

3. Minister appointments;

4. Petitions for appointment of trustee;

5. Name changes;

6. Nolle prosequi cases;

7. Civil actions that are voluntarily dismissed, including nonsuits, cases that are dismissed as settled and agreed, cases that are dismissed with or without prejudice, cases that are discontinued or dismissed under § 8.01-335 , and district court appeals dismissed under § 16.1-113 prior to 1988;

8. Misdemeanor and traffic cases, except as provided in subdivision C 3, including those which were commenced on a felony charge but concluded as a misdemeanor;

9. Suits to enforce a lien;

10. Garnishments;

11. Executions except for those covered in § 8.01-484 ; and

12. Miscellaneous oaths and qualifications, but only if the order or oath or qualification is spread in the appropriate order book.

C. All other records or cases ending on or after January 1, 1913, shall be retained subject to the following:

1. All civil case files to which subsection D does not pertain shall be retained 20 years from the court order date.

2. All criminal cases dismissed, including those not a true bill, acquittals, and not guilty verdicts, shall be retained 10 years from the court order date.

3. Except as otherwise provided in this subdivision, criminal case files involving a felony conviction and all criminal case files involving a misdemeanor conviction under § 16.1-253.2 , 18.2-57.2 , or 18.2-60.4 shall be retained (i) 20 years from the sentencing date or (ii) until the sentence term ends, whichever comes later. Case files involving a conviction for a sexually violent offense as defined in § 37.2-900 , a violent felony as defined in § 17.1-805 , or an act of violence as defined in § 19.2-297.1 shall be retained (a) 50 years from the sentencing date or (b) until the sentence term ends, whichever comes later.

D. Under the provisions of subsections B and C, the entire file of any case deemed by the local clerk of court to have historical value, as defined in § 42.1-77 , or genealogical or sensational significance shall be retained permanently as shall all cases in which the title to real estate is established, conveyed or condemned by an order or decree of the court. The final order for all cases in which the title to real estate is so affected shall include an appropriate notification thereof to the clerk.

E. Except as provided in subsection A, the clerk of a circuit court may cause (i) any or all papers or documents pertaining to civil and criminal cases; (ii) any unexecuted search warrants and affidavits for unexecuted search warrants, provided at least three years have passed since issued; (iii) any abstracts of judgments; and (iv) original wills, to be destroyed if such records, papers, documents, or wills no longer have administrative, fiscal, historical, or legal value to warrant continued retention, provided such records, papers, or documents have been microfilmed or converted to an electronic format. Such microfilm and microphotographic processes and equipment shall meet state archival microfilm standards pursuant to § 42.1-82 , or such electronic format shall follow state electronic records guidelines, and such records, papers, or documents so converted shall be placed in conveniently accessible files and provisions made for examining and using same. The clerk shall further provide security negative copies of any such microfilmed materials for storage in The Library of Virginia.

1981, c. 637, § 17-47.4; 1989, c. 445; 1990, c. 583; 1994, cc. 64 , 822 ; 1997, c. 561 ; 1998, c. 872 ; 2001, c. 836 ; 2002, c. 832 ; 2004, c. 433 ; 2005, c. 681 ; 2006, c. 60 ; 2008, c. 749 ; 2011, cc. 445 , 480 ; 2012, c. 802 ; 2015, c. 552 ; 2016, c. 180 ; 2021, Sp. Sess. I, c. 463 .
Va. Code Ann. § 17.1-258.3:2 — Virginia Code / Title 17.1 / Chapter 2 / Article 4.1 / Section 17.1-258.3:2
Official certificates and certified records in digital form
Status: in_force

A clerk of circuit court may establish a system for providing official certificates and certified records in digital form of any document maintained by the clerk. The clerk may require any person to provide proof of identity to the clerk in order to obtain access to such records. The clerk or his designated application service provider may assess an additional fee not to exceed $5 per official certificate accompanying or attesting the certified records, subject to subdivision A 8 of § 17.1-275 and to the exemptions provided in § 17.1-267 . The clerk may perform such other notarial acts as allowed under § 47.1-12 . The fee shall be paid to the clerk's office and deposited by the clerk into the clerk's nonreverting local fund to be used to cover operational expenses as defined in § 17.1-295 . Nothing herein shall be construed to require any person to obtain an electronic certificate of any record maintained by the clerk, and such record may continue to be obtained in paper form. The clerk of the circuit court of any jurisdiction shall be immune from suit arising from any acts or omissions relating to providing official certificates and certified records in digital form of any document maintained by the clerk pursuant to this section unless the clerk was grossly negligent or engaged in willful misconduct.

2010, c. 430 ; 2011, c. 715 ; 2013, c. 77 .
Va. Code Ann. § 17.1-201 — Virginia Code / Title 17.1 / Chapter 2 / Article 1 / Section 17.1-201
Appointment of deputies; their duties; how removed, etc
Status: in_force

The Supreme Court, or any four of the justices thereof in vacation concurring in the appointment, may appoint one or more deputy clerks, who may discharge any of the official duties of the clerk during their continuance in office. Any deputy clerk may be removed from office by the Court or by any four of the justices thereof in vacation. Any such appointment or removal in vacation shall be in writing and shall be maintained with the records of the Court.

Code 1919, § 3379, § 17-34; 1934, p. 427; 1938, p. 131; 1998, c. 872 .
Va. Code Ann. § 17.1-512 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-512
Election of successor judge before date of vacancy
Status: in_force

Whenever a vacancy occurs or exists in the office of a judge of a circuit while the General Assembly is in session, or whenever the term of office of a judge of a circuit court will expire or the office will be vacated at a date certain between the adjournment of the General Assembly and the commencement of the next session of the General Assembly, a successor judge may be elected at any time during a session preceding the date of such vacancy, by the vote of a majority of the members elected to each house of the General Assembly, for a term of eight years and upon qualification, the successor judge shall enter at once upon the discharge of the duties of his office. However, such successor judge shall not enter upon the discharge of his duties prior to the commencement of his term of office. No person shall be elected or reelected to a subsequent term under this section until he has submitted to a criminal history record search and submitted to a search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse or neglect and reports of such searches have been received by the Chairmen of the House and Senate Committees for Courts of Justice. No person with a criminal conviction for a felony shall be appointed as a judge. If the person has not met the requirement of filing in the preceding calendar year a disclosure form prescribed in § 2.2-3117 or 30-111 , he shall also provide a written statement of economic interests on the disclosure form prescribed in § 2.2-3117 to the Chairmen of the House and Senate Committees for Courts of Justice.

1973, c. 544, § 17-122.1; 1993, c. 368; 1998, c. 872 ; 2004, c. 452 ; 2018, c. 578 .
Va. Code Ann. § 17.1-302 — Virginia Code / Title 17.1 / Chapter 3 / Article 1 / Section 17.1-302
Senior justice
Status: in_force

A. Any Chief Justice or justice of the Supreme Court of Virginia who is eligible for retirement, other than for disability, with the prior consent of a majority of the members of the Court, may elect to retire under the Judicial Retirement System (§ 51.1-300 et seq.) and be designated a senior justice. In addition, any Chief Justice or justice of the Supreme Court of Virginia who is retired under the Judicial Retirement System (§ 51.1-300 et seq.) shall be subject to recall, with the consent of a majority of the members of the court, and may be known and designated as a senior justice.

B. Any Chief Justice or justice who has retired from active service, as provided in subsection A, may be designated and assigned by the Chief Justice of the Supreme Court of Virginia to perform the duties of a justice of the Court. Such justice shall have all the powers, duties, and privileges attendant on the position for which he is recalled to serve.

C. While serving in such status, a senior justice shall be deemed to be serving in a temporary capacity and, in addition to the retirement benefits received by such justice, shall receive as compensation a sum equal to one-fourth of the total compensation of an active justice of the Supreme Court of Virginia for a similar period of service. A retired justice, while performing the duties of a senior justice, shall be furnished office space, support staff, a telephone, and supplies as are furnished a justice of the Court.

D. A justice may terminate his status as a senior justice, or such status may be terminated by a majority of the members of the Court. Each justice designated a senior justice shall serve a one-year term unless the Court, by order or otherwise, extends the term for an additional year. There shall be no limit on the number of terms a senior justice may so serve.

E. Only five retired justices shall serve as senior justices at any one time.

F. Nothing in this section shall be construed to increase the number of justices of the Supreme Court provided for in Section 2 of Article VI of the Constitution of Virginia and in § 17.1-300 .

1977, c. 251, § 17-95.1; 1990, c. 897; 1998, cc. 190 , 872 ; 2001, c. 295 ; 2004, c. 346 ; 2014, c. 776 ; 2018, c. 709 .