Va. Code Ann. § 17.1-330 — Virginia Code / Title 17.1 / Chapter 3 / Article 3 / Section 17.1-330
Declaration of judicial emergency
Status: in_force

A. A judicial emergency may be declared as provided in this section when a disaster, as defined in § 44-146.16 , substantially endangers or impedes the operation of a court, the ability of persons to avail themselves of the court, or the ability of litigants or others to have access to the court or to meet schedules or time deadlines imposed by court order, rule, or statute. Notwithstanding any other provision of law, the Chief Justice of the Supreme Court or, if the Chief Justice is unavailable, the justice longest in continuous service who is available, shall have the power to declare by order a judicial emergency (i) for any court upon the request of the Governor, (ii) for the Supreme Court sua sponte, (iii) for the Court of Appeals, upon the request of the chief judge of the Court of Appeals or, if the chief judge is unavailable, the judge of the Court of Appeals longest in continuous service who is available, or (iv) for any circuit or district court upon the request of the chief judge of the affected circuit or district court or, if the chief judge is unavailable, the judge from the affected circuit or district court longest in continuous service who is available.

B. Any order declaring a judicial emergency shall specify (i) the court or courts and facilities affected by the order; (ii) the nature of the disaster necessitating the order; (iii) the time period or duration of the judicial emergency; and (iv) any other information relevant to the suspension or restoration of court operations, including but not limited to extension of deadlines. The order shall become effective for each affected court upon the date set forth in the order or, if no date is set forth in the order, upon the date the order is signed.

C. Notwithstanding any other provision of law, an order declaring a judicial emergency may designate a neighboring city or county not affected by the disaster for the temporary relocation of the affected circuit or district court. Locations designated under this section may be outside the geographical limits of the affected court's circuit or district.

If an affected circuit or district court conducts sessions in a city or county not affected by the disaster pursuant to this section, the unaffected city or county shall be a proper venue for civil and criminal actions to the same extent as if the affected court were operating in its original city or county. An affected circuit court may, upon motion of either party, and for good cause shown, summon jurors from the jurisdiction where the affected circuit court has been temporarily relocated.

D. Notwithstanding any other provision of law, such order may suspend, toll, extend, or otherwise grant relief from deadlines, time schedules, or filing requirements imposed by otherwise applicable statutes, rules, or court orders in any court processes and proceedings, including all appellate court time limitations.

E. The duration of the order shall be for the shortest period of time necessary under the circumstances of the emergency, but in no event shall the period exceed 21 calendar days. Any such order may be extended for additional periods not to exceed 21 calendar days by a majority of the justices of the Supreme Court, and any order of extension shall include the information required by subsection B for the issuance of an initial order. In the event of a communicable disease of public health threat, as defined in § 44-146.16 , a majority of the justices of the Supreme Court may extend such order for the duration of the threat.

2010, cc. 451 , 757 .
Va. Code Ann. § 17.1-801 — Virginia Code / Title 17.1 / Chapter 8 / Section 17.1-801
Purpose
Status: in_force

The General Assembly, to ensure the imposition of appropriate and just criminal penalties, and to make the most efficient use of correctional resources, especially for the effective incapacitation of violent criminal offenders, has determined that it is in the best interest of the Commonwealth to develop, implement, and revise discretionary sentencing guidelines. The purposes of the Commission established under this chapter are to assist the judiciary in the imposition of sentences by establishing a system of discretionary guidelines and to establish a discretionary sentencing guidelines system which emphasizes accountability of the offender and of the criminal justice system to the citizens of the Commonwealth.

The Commission shall develop discretionary sentencing guidelines to achieve the goals of certainty, consistency, and adequacy of punishment with due regard to the seriousness of the offense, the dangerousness of the offender, deterrence of individuals from committing criminal offenses and the use of alternative sanctions, where appropriate.

1994, 2nd Sp. Sess., cc. 1 , 2 , § 17-233; 1998, c. 872 .
Va. Code Ann. § 17.1-515.2 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-515.2
Repealed
Status: repealed

Repealed by Acts 2018, c. 164 , cl. 2.
Va. Code Ann. § 17.1-515.6 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-515.6
Concurrent law-enforcement jurisdiction over Joint Judicial Center in Winchester
Status: in_force

The Frederick County Sheriff's Department shall have, concurrently with the City of Winchester Police Department, jurisdiction to arrest perpetrators of all offenses committed in or upon the premises, buildings, rooms, or offices of the Joint Judicial Center or any other building located in the City of Winchester that is owned or occupied by Frederick County.

1984, c. 363, § 17-126.6; 2025, c. 2 .
Va. Code Ann. § 17.1-523 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-523
Salaries of judges of circuit courts
Status: in_force

The judges of the circuit courts shall each receive such salary as shall be fixed from time to time in the general appropriation acts. Such salary shall be the total compensation for circuit court judges. However, any county or city which has, prior to March 1, 1976, maintained any program of supplemental retirement or insurance for the benefit of such judges, may continue the same in effect as to judges theretofore covered thereby. The whole of such salaries shall be paid out of the state treasury.

Code 1950, § 14-43; 1964, c. 386, § 14.1-33; 1972, c. 43; 1973, c. 544; 1974, c. 225; 1976, c. 667; 1978, c. 249; 1979, c. 83; 1998, c. 872 .
Va. Code Ann. § 17.1-600 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-600
Laws of costs not penal; discretion of courts of equity
Status: in_force

The laws of costs shall not be interpreted as penal laws; nor shall anything in this chapter take away or abridge the discretion of a court of equity over the subject of costs, except as provided in § 17.1-604 .

Code 1950, § 14-174; 1964, c. 386, § 14.1-177; 1998, c. 872 .
Va. Code Ann. § 17.1-900 — Virginia Code / Title 17.1 / Chapter 9 / Section 17.1-900
Definitions and application of chapter
Status: in_force

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

"Commission" means the Judicial Inquiry and Review Commission provided for in Article VI, Section 10 of the Constitution of Virginia.

"Judge" means a justice of the Supreme Court, judge of the Court of Appeals, judge of a circuit or district court, member of the State Corporation Commission, or a member of the Virginia Workers' Compensation Commission and includes (i) persons who have been elected or appointed to be judges but have not taken the oath of office as judge as well as persons who have taken such oath, (ii) judges designated under § 17.1-105 , (iii) judges under temporary recall under § 17.1-106 , (iv) judges pro tempore under § 17.1-109 and (v) special justices appointed pursuant to § 37.2-803 , all of whom shall be subject to investigations and proceedings under the provisions of this chapter.

"Term" means (i) the period of time between either election or appointment of service as a judge and the first taking of the oath of office, (ii) each period of time for which the person was either elected or appointed as a judge, and (iii) any period of time after retirement during which the person hears cases as a retired judge.

1971, Ex. Sess., c. 154, § 2.1-37.1; 1984, c. 703; 2001, cc. 113 , 844 ; 2004, c. 363 .
Va. Code Ann. § 17.1-129 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-129
Filing date and time to be noted on papers
Status: in_force

Whenever a pleading in any civil action is filed in a circuit court, the clerk or his designee shall stamp or mark the date and time of filing on the face of such pleading.

1985, c. 369, § 17-30.3; 1998, c. 872 .
Va. Code Ann. § 17.1-910 — Virginia Code / Title 17.1 / Chapter 9 / Section 17.1-910
Depositions
Status: in_force

In any pending investigation or formal hearing, the Commission may order the deposition of a person residing within or without the Commonwealth to be taken in such form and subject to such limitations as may be prescribed in the order. If the subject judge and counsel for the Commission do not stipulate as to the manner of taking the deposition, either the judge or counsel for the Commission may file in a trial court of record a petition entitled "In the Matter of Proceeding of Judicial Inquiry and Review Commission No.....… (state number)" and stating generally, without identifying the judge, the nature of the pending matter, the name and residence of the person whose testimony is desired, and directions, if any, of the Commission, asking that an order be made requiring such person to appear and testify before a designated officer. Upon the filing of the petition, the court may make an order requiring such person to appear and testify. A subpoena for such deposition shall be issued by the clerk of the court and the deposition shall be taken and returned, in the manner prescribed by law for depositions in civil actions. Upon failure of the person named in the subpoena to appear and testify, he shall be dealt with by such court as for contempt of court. If the deposition is that of a person residing or present within this Commonwealth, the petition shall be filed in the court of record of the county or corporation in which such person resides or is present; otherwise in the Circuit Court of the City of Richmond.

1971, Ex. Sess., c. 154, § 2.1-37.12; 2001, c. 844 .
Va. Code Ann. § 17.1-802 — Virginia Code / Title 17.1 / Chapter 8 / Section 17.1-802
Membership; terms; compensation and expenses
Status: in_force

A. The Commission shall be composed of 18 members as follows:

1. Six judges or justices, who may be judges of a circuit court who regularly hear criminal cases or judges or justices of the Supreme Court or the Court of Appeals, to be appointed by the Chief Justice of the Supreme Court of Virginia;

2. One person who is not an active member of the judiciary, to be appointed as Chairman by the Chief Justice of the Supreme Court of Virginia for a term of four years subject to confirmation by the General Assembly. The Chairman shall designate a vice-chairman from among the other members to serve a term commensurate with that of the Chairman;

3. The Chairman of the House Committee for Courts of Justice or his designee who shall be a member of the committee and two persons to be appointed by the Speaker of the House of Delegates;

4. The Chairman of the Senate Committee for Courts of Justice or his designee who shall be a member of the committee and one person to be appointed by the Senate Committee on Rules;

5. Four persons to be appointed by the Governor, at least one of whom shall be a representative of a crime victims' organization or a victim of crime as defined in subsection B of § 19.2-11.01 ;

6. The Attorney General of Virginia or his designee for a term commensurate with his term of office; and

7. The executive director of the Virginia Indigent Defense Commission or his designee.

All members shall be citizens of the Commonwealth.

B. Except for legislative members and gubernatorial appointments, appointments to the Commission made on and after January 1, 2001, shall be for terms of four years. Legislative members shall serve terms coincident with their terms of office. Appointments to the Commission made by the Governor on and after January 1, 2006, shall be for terms of four years. Members initially appointed to the Commission prior to January 1, 1998, may serve no more than three consecutive terms. Members initially appointed on and after January 1, 1998, shall not be eligible to serve more than two consecutive terms except for the Attorney General who shall serve by virtue of his office. 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 or the service of an initial term of three years or less shall not constitute a term in determining the member's eligibility for reappointment.

C. Legislative members of the Commission shall receive compensation as provided in § 30-19.12 and nonlegislative citizen members of the Commission shall receive compensation as provided in § 2.2-2813 and all members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825 . Funding for the costs of compensation and expenses of the members shall be provided by the Virginia Sentencing Commission.

1994, Sp. Sess. II., cc. 1 , 2 , § 17-234; 1997, cc. 795 , 883 ; 1998, cc. 226 , 872 ; 2002, c. 79 ; 2004, c. 1000 ; 2005, c. 596 ; 2025, cc. 60 , 64 .
Va. Code Ann. § 17.1-293 — Virginia Code / Title 17.1 / Chapter 2 / Article 8 / Section 17.1-293
Posting and availability of certain information on the Internet; prohibitions
Status: in_force

A. Notwithstanding Chapter 37 (§ 2.2-3700 et seq.) of Title 2.2 or subsection B, it is unlawful for any court clerk to disclose the social security number or other identification numbers appearing on driver's licenses or other documents issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction or information on credit cards, debit cards, bank accounts, or other electronic billing and payment systems that was supplied to a court clerk for the purpose of paying fees, fines, taxes, or other charges collected by such court clerk. The prohibition shall not apply where disclosure of such information is required (i) to conduct or complete the transaction for which such information was submitted or (ii) by other law or court order.

B. Beginning January 1, 2004, no court clerk shall post on the Internet any document that contains the following information: (i) an actual signature, (ii) a social security number, (iii) a date of birth identified with a particular person, (iv) the maiden name of a person's parent so as to be identified with a particular person, (v) any financial account number or numbers, or (vi) the name and age of any minor child.

C. Each such clerk shall post notice that includes a list of the documents routinely posted on its website. However, the clerk shall not post information on his website that includes private activity for private financial gain.

D. Nothing in this section shall be construed to prohibit access to any original document as provided by law.

E. This section shall not apply to the following:

1. Providing access to any document among the land records via secure remote access pursuant to § 17.1-294 ;

2. Postings related to legitimate law-enforcement purposes;

3. Postings of historical, genealogical, interpretive, or educational documents and information about historic persons and events;

4. Postings of instruments and records filed or recorded that are more than 100 years old;

5. Providing secure remote access to any person, his counsel, or staff which counsel directly supervises to documents filed in matters to which such person is a party;

6. Providing official certificates and certified records in digital form of any document maintained by the clerk pursuant to § 17.1-258.3:2 ;

7. Providing secure remote access to nonconfidential court records, subject to any fees charged by the clerk, to members in good standing with the Virginia State Bar and their authorized agents, pro hac vice attorneys authorized by the court for purposes of the practice of law, and such governmental agencies as authorized by the clerk;

8. Providing access to any nonconfidential court records to the Virginia Criminal Sentencing Commission as required by § 17.1-296; and

9. Providing access to any nonconfidential court records to the Department of Corrections as required by § 17.1-297.

F. Nothing in this section shall prohibit the Supreme Court or any other court clerk from providing online access to a case management system that may include abstracts of case filings and proceedings in the courts of the Commonwealth, including online access to subscribers of nonconfidential criminal case information to confirm the complete date of birth of a defendant.

G. The court clerk shall be immune from suit arising from any acts or omissions relating to providing remote access on the Internet pursuant to this section unless the clerk was grossly negligent or engaged in willful misconduct.

This subsection shall not be construed to limit, withdraw, or overturn any defense or immunity already existing in statutory or common law, or to affect any cause of action accruing prior to July 1, 2005.

H. Nothing in this section shall be construed to permit any data accessed by secure remote access to be sold or posted on any other website or in any way redistributed to any third party, and the clerk, in his discretion, may deny secure remote access to ensure compliance with these provisions. However, the data accessed by secure remote access may be included in products or services provided to a third party of the subscriber provided that (i) such data is not made available to the general public and (ii) the subscriber maintains administrative, technical, and security safeguards to protect the confidentiality, integrity, and limited availability of the data.

2007, cc. 548 , 626 ; 2010, c. 430 ; 2011, cc. 557 , 625 , 689 , 715 ; 2012, c. 234 ; 2013, c. 77 ; 2014, c. 460 ; 2017, cc. 78 , 92 ; 2020, cc. 1227 , 1246 ; 2026, c. 942 .
Va. Code Ann. § 17.1-290 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-290
Contracts by cities
Status: in_force

Subject to the approval of the Compensation Board, the council of any city may enter into contracts with officers providing for salaries for the maximum amount allowed in § 17.1-287 and for the city's pro rata part of the expense of the office approved by the State Compensation Board, in lieu of fees and commissions prescribed by law for services performed for the city and such contracts may relieve the officer from collecting such fees and commissions. In the event such contract is entered into and approved by the Compensation Board, the officer and the city shall not be liable to the Commonwealth for the failure of such officer to collect fees and commissions prescribed by law for services rendered the city. A copy of every such contract, certified by the clerk of the city council, shall be filed with the Comptroller.

Code 1950, § 14-162; 1964, c. 386, § 14.1-162; 1998, c. 872 .
Va. Code Ann. § 17.1-128.2 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-128.2
Possession and use of portable electronic device in circuit courts
Status: in_force

A. As used in this section, "portable electronic device" and "visitor to the court" mean the same as those terms are defined in § 16.1-69.35:4.

B. The chief judge of every circuit court shall set a policy for possession of portable electronic devices by visitors to the court. If such policy prohibits or restricts the use of portable electronic devices in the courtroom of the circuit court, the chief judge shall also include in such policy provisions to ensure that any portable electronic device brought by a visitor to the court for the purposes of presenting evidence be made available for use by such visitor to the court during a proceeding. Before finalizing the policy, the chief judge shall consult with the chief judge or chief judges of the district court or district courts having jurisdiction in the district and with the sheriff of the city or county in which the courthouse is located. The sheriff shall be responsible for advising and training all appropriate personnel on such policy.

C. The chief judge of the circuit court shall allow visitors to the court to possess portable electronic devices in both the courthouse and the courtroom and may condition such possession upon, including (i) requiring a security screening of the portable electronic device upon entrance to the courthouse; (ii) restricting the use of the portable electronic device only in a specific area or areas of the courthouse, including the lobby, hallways, or other designated areas within the courthouse; (iii) restricting the use of mobile telephones, including designating certain areas of the courthouse where phone conversations may be had; (iv) requiring that all portable electronic devices remain on silent mode at all times; (v) prohibiting the use of a portable electronic device while the visitor to the court is in a courtroom except with the express permission of the presiding judge; or (vi) any other conditions as needed to maintain safety, security, proper behavior, order, and the administration of justice. Nothing in this subsection shall be construed to permit any courthouse personnel to search or access any data on the portable electronic device of a visitor to the court, including during a security screening as described in clause (i).

D. The policy of each circuit court set in accordance with this section shall be posted in an accessible, prominent, and conspicuous manner at the entrance of the circuit court and on (i) the individual circuit court page on the Virginia Judicial System website or equivalent website where statewide courthouse information is aggregated; (ii) a court's individual website; or (iii) if the court does not have an individual website, an equivalent local government website where such circuit court's information is communicated to the public. Such posting shall include any prohibition, restriction, condition, and limitation on the use of any portable electronic device by visitors to the court, and, if applicable, the process for ensuring that evidence from a portable electronic device may be presented in a courtroom.

E. Any portable electronic device used in violation of a circuit court's policy or related court order may be confiscated and the court or sheriff's department responsible for providing court security shall not be liable for any damage to or loss of such confiscated portable electronic device.

F. Any use of a portable electronic device in the courthouse or courtrooms to take photographs, make audio or video recordings, or transmit live audio or video streaming shall be prohibited except with prior written authorization by a judge of the circuit court.

2026, c. 1130 .
Va. Code Ann. § 17.1-123 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-123
How orders are recorded and signed
Status: in_force

A. All orders that make up each day's proceedings of every circuit court shall be recorded by the clerk in a book known as the order book. Orders that make up each day's proceedings that have been recorded in the order book shall be deemed the official record pursuant to § 8.01-389 when (i) the judge's signature is shown in the order, (ii) the judge's signature is shown in the order book, or (iii) an order is recorded in the order book on the last day of each term showing the signature of each judge presiding during the term.

B. If a judge dies, retires or resigns before orders recorded in the order book have been authenticated, the orders shall have the same force and effect and shall be deemed authenticated when the signature of another judge of the same circuit court or the signature of the judge appointed to fill the vacancy or to preside over the court until the vacancy is filled is authenticated as provided in subsection A.

Code 1919, § 5962, § 17-27; 1940, p. 364; 1954, c. 175; 1966, c. 385; 1990, c. 566; 1998, c. 872 ; 2014, c. 291 .
Va. Code Ann. § 17.1-515.7 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-515.7
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 Rockbridge County may be used for the trial of civil or criminal cases when venue is laid in the City of Buena Vista or the courthouse of the Circuit Court of the City of Buena Vista may be used for the trial of civil or criminal cases when venue is laid in Rockbridge County. However, jurors summoned to appear in any such courtroom shall reside in the jurisdiction where the venue is laid.

2023, c. 77 .
Va. Code Ann. § 17.1-906 — Virginia Code / Title 17.1 / Chapter 9 / Section 17.1-906
Jurisdiction of Supreme Court
Status: in_force

In addition to the jurisdiction conferred on the Supreme Court by Article VI, Section 1 and Section 10 of the Constitution of Virginia, to conduct hearings and impose sanctions upon the filing by the Commission of complaints against justices of the Supreme Court, judges of other courts of record, and members of the State Corporation Commission, the Supreme Court by virtue of this chapter shall have the same jurisdiction, to be exercised in the same manner, upon the filing by the Commission of complaints against all other judges as defined in this chapter.

1971, Ex. Sess., c. 154, § 2.1-37.2; 2001, c. 844 .
Va. Code Ann. § 17.1-106 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-106
Temporary recall of retired judges; evaluation
Status: in_force

A. The Chief Justice of the Supreme Court may call upon any justice of the Supreme Court, any judge of the Court of Appeals, or any judge of a circuit court who is retired under the Judicial Retirement System (§ 51.1-300 et seq.) when such retired justice or judge has been found qualified within the preceding three years by the House and Senate Committees for Courts of Justice to sit in recall either to (i) hear a specific case or cases pursuant to the provisions of § 17.1-105 , such designation to continue in effect for the duration of the case or cases, or (ii) perform for a period of time not to exceed 90 days at any one time such judicial duties in any circuit court as the Chief Justice shall deem in the public interest for the expeditious disposition of the business of the courts.

B. It shall be the obligation of any retired justice or judge who is recalled to temporary service under this section and who has not attained age 70 to accept the recall and perform the duties assigned. It shall be within the discretion of any justice or judge who has attained age 70 to accept such recall.

C. Any justice or judge recalled to duty under this section shall have all the powers, duties, and privileges attendant on the position he is recalled to serve.

D. Notwithstanding the provisions of subsection A, the Chief Justice may call upon and authorize any justice or judge of a court of record whose retirement becomes effective during the interim period between regularly scheduled sessions of the General Assembly to sit in recall either to (i) hear a specific case or cases pursuant to the provisions of § 17.1-105 , and such designation shall continue in effect for the duration of the case or cases, or (ii) perform, for a period of time not to exceed 90 days at any one time, such judicial duties in any circuit court as the Chief Justice shall deem in the public interest for the expeditious disposition of the business of the courts.

E. All retired circuit court judges who have requested to sit in recall shall be evaluated during the final year of the three-year period following qualification by the House and Senate Committees for Courts of Justice using an evaluation form prepared and distributed by the Office of the Executive Secretary of the Supreme Court of Virginia. An annual report containing the results of such evaluations conducted that year shall be prepared and transmitted to the House and Senate Committees for Courts of Justice by the first day of the next regular session of the General Assembly.

1990, c. 832, § 17-7.01; 1998, c. 872 ; 2001, c. 59 ; 2014, c. 776 ; 2018, c. 709 ; 2022, c. 532 ; 2023, c. 313 .
Va. Code Ann. § 17.1-244 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-244
Books, etc., in clerks' offices rebound, transcribed, microfilmed or digitally reproduced; credit given to transcripts, etc
Status: in_force

Any court of record or, if so designated by the judge, the clerk thereof may cause any of the books or records in the clerk's office which may be in need thereof to be rebound, transcribed, microfilmed or digitally reproduced. The same faith and credit shall be given to such transcript or reproductions from the microfilm or digitally reproduced record as the book or record transcribed would have been entitled to.

Code 1919, § 5980, § 17-74; 1972, c. 549; 1976, c. 630; 1997, c. 836 ; 1998, c. 872 ; 2008, cc. 823 , 833 .
Va. Code Ann. § 17.1-258.6 — Virginia Code / Title 17.1 / Chapter 2 / Article 4.1 / Section 17.1-258.6
Acceptability of electronic medium; submission of trial court record to appellate court
Status: in_force

A. In connection with civil or criminal proceedings in circuit court, any statutory requirement for an original, original paper, paper, record, document, facsimile, memorandum, exhibit, certification, or transcript shall be satisfied if such is in an electronic form approved for filing under the Rules of Supreme Court of Virginia. However, this section shall not apply to documents the form of which is specified in any statute governing the creation and execution of wills, codicils, testamentary trusts, premarital agreements, and negotiable instruments.

B. Notwithstanding any other provision of law, any statutory authorization for the use of copies or reproductions in civil or criminal proceedings in circuit court shall be satisfied by use of such copies or reproductions in hard copy or electronic form approved for filing under the Rules of Supreme Court of Virginia.

C. Any clerk of a circuit court with an electronic filing system that complies with the Rules of Supreme Court of Virginia may provide the trial court record in electronic form to the appropriate clerk of any appellate court. The clerk of the Supreme Court and the clerk of the Court of Appeals shall accept the official civil or criminal record in electronic form as otherwise required by law. The clerk in the appellate court may also request that any paper trial court records be forwarded to such clerk.

D. The Rules of Supreme Court of Virginia shall not prohibit the use of a private vendor electronic filing system if such system is in compliance with the filing standards established by the Court.

2010, cc. 717 , 760 ; 2015, c. 71 ; 2018, cc. 125 , 129 , 523 .
Va. Code Ann. § 17.1-509 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-509
Vacancies in office of judge
Status: in_force

Whenever a vacancy occurs in the office of judge, a successor, who shall be a resident of the same circuit, shall be elected for a full term of eight years and upon qualification shall enter at once upon the discharge of the duties of his 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. Subject to the provisions of §§ 17.1-511 and 17.1-512 , the Governor shall have the power while the General Assembly is not in session to fill pro tempore vacancies in such office. Such appointment to every vacancy shall be by commission to expire at the end of 30 days after the commencement of the next regular session of the General Assembly. No person with a criminal conviction for a felony shall be appointed as a judge.

Code 1919, § 5889, § 17-120; 1920, p. 123; 1924, p. 310; 1944, p. 95; 1971, Ex. Sess., c. 27; 1973, c. 544; 1977, c. 197; 1998, c. 872 ; 2001, c. 256 ; 2004, c. 452 ; 2018, c. 578 .
Va. Code Ann. § 17.1-911 — Virginia Code / Title 17.1 / Chapter 9 / Section 17.1-911
Suspension of judge
Status: in_force

A. In any pending investigation or formal hearing, the Commission may suspend a judge with pay if it finds that there is probable cause to believe that the continued performance of judicial duties by the judge constitutes both a substantial and immediate threat to the public interest in the administration of justice.

B. The Commission shall give the judge reasonable notice of such suspension as prescribed by the rules of the Commission and, if requested by the judge or his attorney, shall schedule a hearing during the first fifteen days of the suspension in order to determine whether justice would be served for the suspension to continue until the completion of the investigation or formal hearing.

C. Any judge whose powers are suspended by the Commission shall not exercise judicial powers during such suspension, but shall continue to be bound by the Canons of Judicial Conduct.

1998, cc. 672 , 862 , § 2.1-37.12:1; 2001, cc. 309 , 318 , 844 .
Va. Code Ann. § 17.1-236 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-236
Recordation of plats and maps
Status: in_force

All plats and maps may in the discretion of the clerks of the several circuit courts be recorded in a book to be known as the plat book. In case of such recordation of any plat or map which is attached to or made a part of any deed, deed of trust or writing which is recorded in the deed book, an appropriate note shall be made on the deed book where such deed, deed of trust or other writing is recorded, referring to the plat book and page where the plat or map is recorded and the clerk shall endorse on the plat and plat book the date of the recordation and a reference by book and page to the recorded instrument of which it is a part and shall sign the certificate. In those courts where deeds and other writings are recorded by a procedural microfilm recording system, all plats shall be recorded with the deeds and other writings and indexed in the general index to deeds. Wherever plats are maintained singly, as in a cabinet or on microfilm aperture cards, they shall be cross-referenced with the deed books in the same manner as prescribed herein when plats are recorded in a separate plat book. All plats submitted for recordation shall meet the standards for plats as adopted under § 42.1-82 of the Virginia Public Records Act (§ 42.1-76 et seq.).

1918, p. 504, § 17-68; Michie Code 1942, § 3393a; 1944, p. 472; 1983, c. 180; 1998, c. 872 .
Va. Code Ann. § 17.1-275.11:1 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-275.11:1
Additional fee assessed for conviction requiring computer analysis
Status: in_force

In addition to the fees provided for by §§ 17.1-275.1 through 17.1-275.5 , 17.1-275.7 , 17.1-275.8 , and 17.1-275.9 , upon a finding of guilty of any charge or charges in which any computer forensic analysis revealed evidence used at trial of a defendant, the defendant may be assessed costs in an amount equal to the actual cost of the computer forensic analysis not to exceed $100 for each computer analyzed by any state or local law-enforcement agency. Upon motion and submission to the court of an affidavit by the law-enforcement agency setting forth the number of computers analyzed and the total amount of costs requested, the court shall determine the appropriate amount to be assessed and order such amount paid to the law-enforcement agency.

2011, c. 511 .
Va. Code Ann. § 17.1-515 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-515
Jurisdiction formerly in county courts
Status: in_force

The jurisdiction and powers which were vested in the county courts and the judges and officers thereof, respectively, on January 31, 1904, by the laws of this Commonwealth or under any will or other instrument of writing shall be vested in, exercised by and imposed upon the circuit courts and the judges and officers thereof, except when otherwise specially provided.

All such acts and proceedings of the circuit courts, judges and officers thereof, respectively, whether de jure or de facto officers, done or had since January 31, 1904, as may hereafter be done under this section, are hereby ratified and made valid.

Code 1919, § 5891, § 17-124; 1998, c. 872 .
Va. Code Ann. § 17.1-323 — Virginia Code / Title 17.1 / Chapter 3 / Article 1 / Section 17.1-323
Clerk to deliver opinions to Reporter
Status: in_force

In those cases which the Reporter is directed to report, copies of the reasons stated in writing, under Section 6 of Article VI of the Constitution of Virginia, shall be delivered by the clerk of the Court to the Reporter.

Code 1919, § 5883, § 17-116; 1938, p. 134; 1971, Ex. Sess., c. 1; 1998, c. 872 .
Va. Code Ann. § 17.1-258.3 — Virginia Code / Title 17.1 / Chapter 2 / Article 4.1 / Section 17.1-258.3
Electronic filing in civil or criminal proceedings
Status: in_force

Any clerk of circuit court may establish and operate a system for electronic filing in civil or criminal proceedings that shall be governed by the Rules of Supreme Court of Virginia. The circuit court clerk may require each person whom the clerk authorizes to file documents electronically to provide proof of identity to the clerk and to enter into an agreement specifying the electronic filing procedures to be followed, including, but not limited to, security procedures, as defined in the Uniform Electronic Transactions Act (§ 59.1-479 et seq.), for transmitting signed or notarized documents. The clerk may charge copy fees per page, as provided in subdivision A 8 of § 17.1-275 , and obtain reimbursement for fees paid by subscribers to its designated application service providers for the technology systems used to operate electronic filing in civil and criminal cases in the clerk's office. The fees and reimbursements collected shall be 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 prevent the clerk from entering into agreements with designated application service providers to provide all or part of the network or system for electronic filing of civil or criminal records as provided herein. Further, nothing herein shall be construed to require the electronic filing of any civil or criminal record, and such records may continue to be filed in paper form.

Any clerk of circuit court with an electronic filing system established in accordance with the Rules of Supreme Court of Virginia may charge an additional $5 fee for every civil case initially filed by paper, except that a person who is determined to be indigent pursuant to § 19.2-159 shall be exempt from the payment of such fee. The fee shall be paid to the clerk's office and deposited by the clerk into the clerk's nonreverting local fund to be exclusively used to cover the operational expenses as defined in § 17.1-295 .

2005, c. 744 ; 2008, cc. 823 , 833 ; 2010, cc. 430 , 717 , 760 ; 2013, cc. 74 , 77 ; 2014, c. 460 ; 2015, c. 317 .
Va. Code Ann. § 17.1-266 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-266
Services rendered in Commonwealth's cases
Status: in_force

No clerk, sheriff or other officer shall receive payment out of the state treasury for any services rendered in cases of the Commonwealth, whether in a court of record or a court not of record, except as allowed by statute. Localities shall be exempt from paying fees for services rendered by a clerk or other court officer for cases, whether in a court of record or a court not of record, when the locality is a party to a case commenced in a court serving that locality or in any other jurisdiction when the localities have a reciprocal waiver of fees agreement. Sheriffs may, in writing, grant a waiver of the sheriff's fee to one or more localities.

Code 1950, § 14-98; 1964, c. 386, § 14.1-87; 1971, Ex. Sess., c. 155; 1998, c. 872 ; 2007, c. 800 .
Va. Code Ann. § 17.1-709 — Virginia Code / Title 17.1 / Chapter 7 / Article 2 / Section 17.1-709
Expenses of members
Status: in_force

The active members and honorary members shall receive their reasonable expenses while in attendance at the meetings of the Conference, and of the executive committee.

1950, p. 70, § 17-231; 1964, c. 9; 1998, c. 872 .
Va. Code Ann. § 17.1-612 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-612
Allowances to other witnesses
Status: in_force

A person attending as a witness under a summons not covered by § 17.1-611 , whether he is a witness from within or without the Commonwealth, shall be reimbursed for his daily mileage as prescribed in § 2.2-2823 , and expenses for the tolls. On his oath an entry of the sum he is entitled to and for what and by what party it is to be paid shall be made: (i) by the clerk of either house or a committee of the General Assembly when the attendance is before such house or committee and (ii) in other cases by the clerk of the court in which the case is or the person before whom the witness attended. When the attendance was on behalf of the Commonwealth before a court, the entry shall be made upon the minutes of the court in which the case is docketed. A witness from outside the Commonwealth in any civil action may be allowed the same mileage and attendance fee as any other witness in any such action. However, no sums for attendance and mileage shall be allowed a witness from outside the Commonwealth, in any civil action, unless the judge of the court determines and certifies that the witness is a material witness in the matter for which he appeared. The court may allow such mileage and attendance fee or any portion thereof as the court may determine to be reasonable under the circumstances of the case. A witness summoned to attend in several cases may have the entry made against either of the parties by whom he is summoned, but no witness shall be allowed reimbursement for his attendance in more than one case at the same time. Every witness who qualifies as an expert witness, when compelled to attend and testify, shall be allowed such compensation and mileage as the court may, if requested in its discretion, order without regard to any limitation described above, but the same shall be paid by the party in whose behalf he shall testify.

Code 1950, § 14-187; 1952, c. 701; 1954, c. 709; 1962, c. 227; 1964, c. 386, § 14.1-190; 1966, c. 671; 1972, c. 719; 1976, c. 308; 1977, c. 483; 1998, c. 872 .
Va. Code Ann. § 17.1-621 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-621
Clerk to make entry on minutes stating amount due and by whom payable
Status: in_force

The clerk of any court in which juries are impaneled shall, before its final adjournment at each term, and under the direction of the court, make an entry upon its minutes stating the amount to which each juror is entitled for his services or attendance during the term, and specifying how much is payable by the Commonwealth, and how much by the political subdivision.

Code 1950, § 8-208.36; 1973, c. 439, § 14.1-195.4; 1977, c. 624; 1998, c. 872 .
Va. Code Ann. § 17.1-130 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-130
Execution of judgments and decrees of courts no longer existing
Status: in_force

Every judgment, decree or order entered in a court which has ceased to exist shall be executed by the court in the custody of whose clerk the record of such judgment, decree or order may be. Every judgment, decree or order of the Supreme Court effecting any judgment, decree or order shall be certified by the court and the case shall be proceeded in as if such court had rendered the same.

Code 1919, § 5974, § 17-32; 1998, c. 872 .
Va. Code Ann. § 17.1-103 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-103
Residence requirements of judges
Status: in_force

Each judge of a circuit court shall, during his term of office, reside within the circuit to which he was appointed or elected and his removal therefrom shall vacate his office. Where the boundary of the jurisdiction of a court is changed by annexation or otherwise, a judge thereof shall not become disqualified from office or ineligible for reelection if, except for such annexation or change, he would otherwise be qualified.

Code 1919, § 5977, § 17-5; 1964, c. 108; 1970, c. 122; 1971, Ex. Sess., c. 50; 1998, c. 872 .
Va. Code Ann. § 17.1-918 — Virginia Code / Title 17.1 / Chapter 9 / Section 17.1-918
Transmission of certain information to Virginia State Bar, House Committee for Courts of Justice, Senate Committee for Courts of Justice, and other members of the General Assembly
Status: in_force

A. The Judicial Inquiry and Review Commission shall transmit to the appropriate District Committee of the Virginia State Bar any complaint or evidence that may come to its attention with reference to the alleged misconduct of a judge, substitute judge or pro tempore judge which relates to his private practice of law.

B. The Commission shall also transmit any evidence that it has in its possession with reference to the alleged misconduct of any judge whose election is to be considered at the next session of the General Assembly to (i) the House and Senate Committees for Courts of Justice and (ii) any member of the General Assembly, upon request. Such evidence shall include the nature of the complaint, the current status of the complaint, the duration of any suspension and the evidence supporting the probable cause finding therefor, a description of any remedial course of action, and a statement concluding whether any such remedial course was successfully undertaken. A copy of any evidence in whatever form so transmitted shall be sent to the judge in question. Any such evidence transmitted to the House and Senate Committees for Courts of Justice or to any member of the General Assembly shall lose its confidential character.

1973, c. 387, § 2.1-37.17:1; 1993, c. 92; 1997, c. 914 ; 1998, cc. 757 , 804 ; 2001, c. 844 ; 2004, cc. 332 , 363 .
Va. Code Ann. § 17.1-217 — Virginia Code / Title 17.1 / Chapter 2 / Article 2 / Section 17.1-217
Power of clerk to administer oath
Status: in_force

Any clerk of a court may administer an oath in any case wherein an affidavit is necessary or proper as the foundation of an official act to be performed by him.

Code 1919, § 3389, § 17-53; 1998, c. 872 .
Va. Code Ann. § 17.1-314 — Virginia Code / Title 17.1 / Chapter 3 / Article 1 / Section 17.1-314
Executive Secretary
Status: in_force

The Office of Executive Secretary to the Supreme Court, to be filled by a person having the qualifications as may be prescribed by the justices of the Supreme Court, is hereby created to be the court administrator for the Commonwealth. He shall be appointed by the Supreme Court, shall hold office at the pleasure of the Court, and during his term of office shall not engage in the private practice of law. He shall receive such compensation as may be fixed by the Court. He may, with the approval of the Court, employ such persons as are necessary for the performance of the duties of his office, whose compensation shall be fixed by the Court within the limits of the amounts appropriated by law.

1952, c. 506, § 17-111.1; 1966, c. 148; 1973, c. 544; 1998, c. 872 ; 2005, c. 237 .
Va. Code Ann. § 17.1-403 — Virginia Code / Title 17.1 / Chapter 4 / Section 17.1-403
(For contingent expiration date, see Acts 2025, c. 612, cl. 2) Rules of practice, procedure, and internal processes; promulgation by Supreme Court; amendments; summary disposition of appeals
Status: in_force

The Supreme Court shall prescribe and publish the initial rules governing practice, procedure, and internal processes for the Court of Appeals designed to achieve the just, speedy, and inexpensive disposition of all litigation in that court consistent with the ends of justice and to maintain uniformity in the law of the Commonwealth. Before amending the rules thereafter, the Supreme Court shall receive and consider recommendations from the Court of Appeals. The rules shall prescribe procedures (i) authorizing the Court of Appeals to prescribe truncated record or appendix preparation and (ii) permitting the Court of Appeals to dispense with oral argument if the parties agree that oral argument is not necessary or if the panel has examined the briefs and record and unanimously agrees that oral argument is unnecessary because (a) the appeal is wholly without merit; (b) the dispositive issue or issues have been authoritatively decided, and the appellant has not argued that the case law should be overturned, extended, modified, or reversed; or (c) the facts and legal arguments are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument.

1983, c. 413, § 17-116.03; 1984, cc. 632, 701; 1998, c. 872 ; 2021, Sp. Sess. I, c. 489 ; 2022, c. 714 ; 2025, c. 612 .
Va. Code Ann. § 17.1-275.1 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-275.1
Fixed felony fee
Status: in_force

Upon conviction of any and each felony charge or upon a deferred disposition of proceedings in circuit court in the case of any and each felony disposition deferred pursuant to the terms and conditions of § 16.1-278.8 , 16.1-278.9 , 18.2-61 , 18.2-67.1 , 18.2-251 , 19.2-298.02 , or 19.2-303.6 , there shall be assessed as court costs a fee of $375, to be known as the fixed felony fee.

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

1. Sentencing/supervision fee (General Fund) (.4705067);

2. Forensic science fund (.1033333);

3. Court reporter fund (.0887200);

4. Witness expenses/expert witness fund (.0053333);

5. Virginia Crime Victim-Witness Fund (.0080000);

6. Intensified Drug Enforcement Jurisdiction Fund (.0106667);

7. Criminal Injuries Compensation Fund (.0800000);

8. Commonwealth's attorney fund (state share) (.0533333);

9. Commonwealth's attorney fund (local share) (.0533333);

10. Regional Criminal Justice Academy Training Fund (.0026667);

11. Warrant fee (.0320000);

12. Courthouse construction/maintenance fund (.0053333); and

13. Clerk of the circuit court (.0867733).

1999, c. 9 ; 2002, c. 831 ; 2003, c. 1039 ; 2005, c. 631 ; 2011, c. 565 ; 2020, Sp. Sess. I, c. 21 .
Va. Code Ann. § 17.1-607 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-607
Security for costs upon suit by nonresident
Status: in_force

In any plaintiff's suit or action by a nonresident of the Commonwealth, except when such plaintiff is indigent, upon motion by any party to such suit or action and for good cause shown, the court may order that the plaintiff post security within 60 days following entry of such order in an amount determined to be sufficient by such court but not exceeding $250 for the payment of costs in the court in which the suit or action is instituted and that may be awarded to the defendant. Any security so given may be by (i) payment to the moving party or his counsel, who shall hold such payment in trust in an interest-bearing account for the benefit of the prevailing party in such suit or action; (ii) payment into the court pursuant to § 8.01-600 ; or (iii) bond, payable to the Commonwealth, but there need only be one obligor therein, if such obligor be sufficient and a resident of the Commonwealth. The court before whom, or before whose clerk, such bond or other payment made pursuant to this section is given, may, on motion by a defendant or officer, give judgment for so much as he is entitled to by virtue of such bond or other payment made pursuant to this section.

As used in this section, the term "plaintiff" shall also apply to a counterclaim plaintiff, cross-claim plaintiff, or third-party plaintiff, and the term "defendant" shall also apply to a counterclaim defendant, cross-claim defendant, or third-party defendant.

Code 1950, § 14-182; 1964, c. 386, § 14.1-185; 1998, c. 872 ; 2024, c. 745 .
Va. Code Ann. § 17.1-237 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-237
Validation of recordations in certain plat books
Status: in_force

All books in which prior to June 24, 1944, plats were recorded separately from the deed books in all the clerks' offices of this Commonwealth are hereby validated and made parts of the official records of the offices.

1918, p. 504, § 17-69; Michie Code 1942, § 3393a; 1944, p. 472; 1998, c. 872 .
Va. Code Ann. § 17.1-229 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-229
Additional documents to be recorded in deed book
Status: in_force

All deeds, homestead deeds and leases of personal property, bills of sale, and all other contracts or liens as to personal property, which are by law required or permitted to be recorded, all mechanics' liens, all other liens not directed to be recorded elsewhere and all other writings relating to or affecting personal property which are authorized to be recorded shall, unless otherwise provided, be recorded in the deed book and shall be indexed in the general index book; provided, however, the clerk may reject any writing for recordation that is not specifically authorized by law and set out in the Code of Virginia.

Code 1919, § 3393, § 17-61; 1920, p. 313; 1932, p. 333; 1985, c. 392; 1998, c. 872 ; 2010, c. 352 .
Va. Code Ann. § 17.1-273 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-273
Establishment and disposition of fees collected by certain high constable
Status: in_force

Notwithstanding any provision of law to the contrary, including a general or special act, the City of Norfolk, may, by duly adopted local ordinance, establish fees for the service of process by the office of the high constable. The office of the high constable in such city shall publish a schedule of such fees by January 1 of each year. Copies of the schedule shall be forwarded to the Clerk of the Supreme Court of Virginia. Only in the City of Norfolk, shall high constables execute all processes, warrants, summonses and notices in civil cases before the general district court of the city to the exclusion of the sheriff of the city. Any fees, collected by the office of the high constable for such process, shall be deposited in the treasury of the city wherein such office is situated for use in the general operation of city government.

1998, c. 872 ; 2007, c. 813 .
Va. Code Ann. § 17.1-241 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-241
Clerks to procure books for record
Status: in_force

Every circuit court clerk shall procure appropriate books for records as the business of his office requires. But orders for the same shall first be obtained by the clerks from the governing bodies of their respective counties or cities.

Code 1919, § 3400, § 17-71; 1998, c. 872 .
Va. Code Ann. § 17.1-905 — Virginia Code / Title 17.1 / Chapter 9 / Section 17.1-905
Annual report
Status: in_force

On or before December 1 of each year, the Commission shall submit to the Chairs of the House and Senate Committees for Courts of Justice and to the ranking Delegate and Senator of the minority party serving on such Committees a report detailing the activities of the Commission for the prior year. The report shall include the number of complaints filed with the Commission; the number of complaints originating from attorneys, judges, court employees, or the general public; the number of complaints dismissed based on (i) failure to fall within the jurisdiction of the Commission, (ii) failure to state a violation of the Canons of Judicial Conduct, or (iii) failure of the Commission to reach a conclusion that the Canons were breached; the number of complaints for which the Commission concluded that the Canons of Judicial Conduct were breached; and the number of cases from which the staff or any member of the Commission recused himself due to an actual or possible conflict. The report shall also include (a) the name of any judge who the Commission concluded breached the Canons of Judicial Conduct and took disciplinary action against as a result of such conclusion, if the date on which the Commission reached such conclusion was after the previous annual report was published; (b) the specific Canons of Judicial Conduct breached by such judge; and (c) the disciplinary action taken against such judge by the Commission. Following submission to the Chairs of the House and Senate Committees for Courts of Justice, no report shall be considered confidential to the extent that such Chairs may release such report to members of the General Assembly and in accordance with the provisions of this section. The decision of whether to rescind or redact any portion of such annual report shall require the consensus of a majority of the Chairs and such ranking members to whom the annual report is submitted pursuant to this section. If no action to rescind or redact any portion of the annual report is taken or if a consensus to take such action cannot be reached within 30 days of submission to the Chairs and ranking members, the annual report shall be published. The 30-day time period shall begin the day the Commission submits the annual report to the General Assembly. If the 30-day period expires on a Saturday, Sunday, legal holiday, or day on which the General Assembly is lawfully closed, the 30-day period shall be extended to the next day that is not a Saturday, Sunday, legal holiday, or day on which the General Assembly is lawfully closed.

1997, cc. 914 , 921 , § 2.1-37.8:1; 2001, c. 844 ; 2023, c. 700 ; 2025, c. 347 ; 2026, c. 958 .
Va. Code Ann. § 17.1-124 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-124
Order books; automated systems
Status: in_force

Except as otherwise provided herein, each circuit court clerk shall keep order books or, in lieu thereof, an automated system recording all proceedings, orders and judgments of the court in all matters, all decrees, and decretal orders of such court and all matters pertaining to trusts, the appointment and qualification of trustees, committees, administrators, executors, conservators and guardians shall be recorded, except when the same are appointed by the clerk of court, in which event the order appointing such administrators or executors, shall be made and entered in the clerk's order book. In any circuit court, the clerk may, with the approval of the chief judge of the court, by order entered of record, divide the order book into two sections, to be known as the civil order book and the criminal order book. All (i) proceedings, orders, and judgments of the court in all matters at civil law and (ii) trust fund orders, which shall include money held by a general receiver of the court pursuant to § 8.01-582 or by the clerk of the circuit court pursuant to § 8.01-600 , shall be recorded in the civil order book, and all proceedings, orders and judgments of the court in all matters at criminal law shall be recorded in the criminal order book. In any proceeding brought for the condemnation of property, all proceedings, orders, judgments and decrees of the court shall be recorded in the civil order book of the court. The recordation prior to January 1, 1974, of all proceedings, orders, judgments and decrees in such cases, whether entered in the common-law order book or the chancery order book of any court, is hereby declared a valid and proper recordation of the same. Orders in cases appealed from the juvenile and domestic relations district courts shall be maintained as provided in this section and, to the extent inconsistent with this section, § 16.1-302 .

The clerk shall ensure that these order books have been microfilmed or converted to or created in an electronic format. Such microfilm and microphotographic processes and equipment shall meet state microfilm standards, and such electronic format shall follow state electronic records guidelines, pursuant to § 42.1-82 . The clerk shall further provide the master reel of any such microfilm for storage in the Library of Virginia and shall provide for the secured, off-site back up of any electronic copies of such records.

1926, p. 750, § 17-28; 1932, p. 765; 1936, p. 557; Michie Code 1942, § 5962a; 1962, c. 233; 1973, c. 9; 1974, c. 524; 1990, c. 258; 1997, c. 801 ; 1998, c. 872 ; 2005, c. 681 ; 2007, c. 567 ; 2010, cc. 717 , 760 ; 2014, c. 460 ; 2017, c. 35 .
Va. Code Ann. § 17.1-274 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-274
Commission on forthcoming bond
Status: in_force

A. The commission to be included in a forthcoming bond, when one is taken, shall be five percent. Such commission shall not be received unless the bond is forfeited or paid, including the commission, to the plaintiffs. Of whatever interest accrues on such bond, or the execution of judgment thereon, the officer shall be entitled to his proportionable share, on account of his fees included in such bond.

B. In cities of a population of 100,000 and more, however, the commission to be included in a forthcoming bond, when one is taken, shall be ten percent on the first $100 of the money for which the distress or levy is and two percent on the residue. Such commission shall not be received unless the bond is forfeited or paid, including the commission, to the plaintiffs. Of whatever interest may accrue on such bonds, or the execution of judgment thereon, the officer shall be entitled to his proportionate share, on account of his fees included in the sale. An officer in any such city receiving payment in money or selling goods shall receive the like commission of ten percent on the first $100 of the money paid or proceeding from the sale and two percent on the residue; except that when such payment or sale is on an execution on a forthcoming bond, his commission shall only be half what it would be if the execution were not on such bond.

Code 1950, §§ 14-119, 14-121; 1964, c. 386, §§ 14.1-108, 14.1-110; 1995, c. 51 ; 1998, c. 872 .
Va. Code Ann. § 17.1-206 — Virginia Code / Title 17.1 / Chapter 2 / Article 2 / Section 17.1-206
Where offices to be located
Status: in_force

The clerk's office of every circuit court, or any division thereof, of any county or city shall be kept at the courthouse of such county or city, unless there is a failure by the proper authorities to provide an office there, in which case the clerk's office may be kept at such other place within the county or city as the court may direct. However, nothing in this section shall prohibit the establishment of a clerk's office satellite facility or annex which is not located at the courthouse; provided that recording of all land records, docketing of all monetary judgments, filing of U.C.C. financing statements, and filing of matters at law and in equity shall be conducted at the courthouse location. All expenses related to the establishment and operation of a satellite facility or annex shall be the responsibility of the locality.

Code 1919, § 3385, § 17-40; 1938, p. 132; 1973, c. 406; 1997, c. 325 ; 1998, c. 872 .
Va. Code Ann. § 17.1-408 — Virginia Code / Title 17.1 / Chapter 4 / Section 17.1-408
Time for filing; notice; opening brief; petition
Status: in_force

The notice of appeal to the Court of Appeals shall be filed in every case within the court's appellate jurisdiction as provided in § 8.01-675.3 . The opening brief in a criminal case shall be filed not more than 40 days after the filing of the record with the Court of Appeals. However, an extension may be granted in the discretion of the Court of Appeals on motion for good cause shown. In an appeal pursuant to subsection B or C of § 19.2-398 , the petition for appeal shall be presented within the 40-day time limitation provided in this section.

Upon receiving a notice of appeal in a criminal case or, if notice of the appeal is received by the clerk prior to the entry of final judgment, upon entry of final judgment, the clerk of the circuit court shall cause a transcript to be prepared of the trial and any other circuit court proceedings, as requested by the appellant in the notice of appeal or by order of the circuit court, at the expense of the Commonwealth.

1984, c. 701, § 17-116.05:3; 1998, c. 872 ; 2021, Sp. Sess. I, c. 489 ; 2022, c. 714 .
Va. Code Ann. § 17.1-700 — Virginia Code / Title 17.1 / Chapter 7 / Article 1 / Section 17.1-700
Composition of Council; committees
Status: in_force

The Judicial Council shall be established in the judiciary branch of state government and composed of 14 members consisting of the Chief Justice of the Supreme Court, one judge of the Court of Appeals, six circuit court judges, one general district court judge, one juvenile and domestic relations district court judge, two attorneys qualified to practice in the Supreme Court, and 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 Council may appoint committees to aid it in the performance of its duties, and members of such committees need not be members of the Council.

1930, p. 788, § 17-222; Michie Code 1942, § 6571f; 1968, c. 387; 1972, c. 708; 1973, c. 546; 1984, c. 703; 1987, c. 141; 1998, c. 872 ; 2004, c. 1000 ; 2008, c. 115 .
Va. Code Ann. § 17.1-502 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-502
Administrator of circuit court system
Status: in_force

A. The Executive Secretary of the Supreme Court shall be the administrator of the circuit court system, which includes the operation and maintenance of a case management system and financial management system and related technology improvements.

B. Any circuit court clerk may establish and maintain his own case management system, financial management system, or other independent technology using automation or technology improvements provided by a private vendor or the locality. Any data from the clerk's independent system may be provided directly from such clerk to designated state agencies. The data from the clerk's independent system may also be provided to designated state agencies through an interface with the technology systems operated by the Executive Secretary.

B1. If the data from a case management system established under subsection B is not provided to the Executive Secretary of the Supreme Court through an interface, such data shall be provided to the Department of State Police through an interface for purposes of complying with §§ 19.2-392.7 , 19.2-392.8 , 19.2-392.10 , 19.2-392.11 , 19.2-392.12 , and 19.2-392.12:1 . The parameters of such interface shall be determined by the Department of State Police. The costs of designing, implementing, and maintaining such interface shall be the responsibility of the circuit court clerk.

C. The Executive Secretary shall provide an electronic interface with his case management system, financial management system, or other technology improvements upon written request of any circuit court clerk. The circuit court clerk and the clerk's designated application service provider shall comply with the security and data standards established by the Executive Secretary for any such electronic interface. The Executive Secretary shall establish security and data standards for such electronic interfaces on or before June 30, 2013, and such standards shall be consistent with the policies, standards, and guidelines established pursuant to § 2.2-2009 .

D. The costs of designing, implementing, and maintaining any such interface with the systems of the Executive Secretary shall be the responsibility of the circuit court clerk. Prior to incurring any costs, the Office of the Executive Secretary shall provide the circuit court clerk a written explanation of the options for providing such interfaces and provide the clerk with a proposal for such costs and enter into a written contract with the clerk to provide such services.

E. The Executive Secretary shall assist the chief judges in the performance of their administrative duties. He may employ such staff and other assistants, from state funds appropriated to him for the purpose, as may be necessary to carry out his duties, and may secure such office space as may be requisite, to be located in an appropriate place to be selected by the Executive Secretary.

1973, c. 544, § 17-116.3; 1998, c. 872 ; 2009, cc. 793 , 858 ; 2011, c. 715 ; 2012, c. 234 ; 2013, c. 422 ; 2021, Sp. Sess. I, cc. 524 , 542 ; 2025, cc. 634 , 671 .
Va. Code Ann. § 17.1-515.3 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-515.3
Designation of courtrooms within twenty-first and twenty-third circuits for trial of certain cases
Status: in_force

The chief judge of the twenty-first and the twenty-third judicial circuits may, by order, as in the interest of justice may appear, designate one or more of the courtrooms of any circuit court within their respective circuits as the courtroom or courtrooms in which civil and criminal cases whose venue is laid within the circuit may be tried; provided, that in criminal cases, jurors summoned to appear at such courtroom or courtrooms shall reside in the vicinage of which the crime is laid.

1976, c. 272; 1977, c. 195, § 17-126.3.
Va. Code Ann. § 17.1-249 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-249
General indexes for clerks' offices; daily index
Status: in_force

A. There shall be kept in every clerk's office modern, family name or ledgerized alphabetical key-table general indexes to all deed books, miscellaneous liens, will books, judgment dockets and court order books. The clerk shall enter daily, either in such general indexes or in the daily index to instruments admitted to record, every deed, corrected or amended deed, deed of release, deed of trust, contract of sale, or any addendum, modification, or memorandum relating to any of these instruments, indexing each instrument in the names of all parties identified in the instrument as grantor, grantee, or both, as required by § 17.1-223 , or identified in the cover sheet as grantor, grantee, or both, pursuant to § 17.1-227.1 , as applicable.

B. A deed of trust made to one or more trustees to secure the payment of an indebtedness, and any certificate of satisfaction or certificate of partial satisfaction, assignment, loan modification agreement, substitution of trustees or similar instrument subsequently recorded with respect to such deed, shall be sufficiently indexed if the clerk enters in the appropriate places in the general index to deeds provided for in subsection A the names of the grantor and the name of the beneficiary or, in lieu of the name of the beneficiary, the first listed trustee as grantee. The beneficiary need not be named in the first clause of the deed as a condition of recordation.

C. A deed made by a person in a representative capacity, or by devisees or coparceners, shall be indexed in the names of the grantors and grantees and the name of the former record title owner listed in the first clause of the instrument.

D. The general indexes of civil causes shall be sufficiently kept if the clerk indexes such causes under the short style or title thereof, except that in multiple suits brought under § 58.1-3968 , the names of all of the defendants disclosed by the pleadings shall be entered in the general index or book.

E. Every deed of conveyance of real estate in which a vendor's lien is reserved shall be indexed twice so as to show not only the conveyance from the grantor to the grantee in the instrument, but also the reservation of the lien as if it were a grant of such lien from the grantee to the grantor by a separate instrument and the fact of the lien shall be noted in the index.

F. At the time of qualification of an executor, every will shall be indexed in the name of the decedent and such executor.

G. All deed books, miscellaneous liens, will books, judgment dockets, and court order books shall be numbered or otherwise adequately designated and the clerk upon the delivery of any writing to him for record required by law to be recorded shall duly index it upon the general index in the manner hereinbefore required. When the writing has been actually transcribed on the book, the clerk shall add to the general index the number of the book in which, and the page on which, the writing is recorded.

H. The clerk on receipt of any such writing for record may immediately index it in a book to be known as the "daily index of instruments admitted to record" and within 90 days after its admission to record the clerk shall index all such writings indexed in the daily index in the appropriate general index as hereinbefore provided. The daily index book shall, at all times, be kept in the office of the clerk and conveniently available for examination by the public. During the period permitted for transfer from the daily index to the general index, indexing in the daily index shall be a sufficient compliance with the requirements of this section as to indexing.

I. The judge of any circuit court may make such orders as he deems advisable as to the time and method of indexing the order books in the clerk's office of the court and may dispense with a general index for order books of the court.

J. The clerk may maintain his indexes on computer, word processor, microfilm, microfiche, or other micrographic medium and, in addition, may maintain his grantor and grantee indexes on paper.

Code 1919, § 3394, § 17-79; 1920, p. 105; 1926, p. 125; 1936, p. 82; 1944, p. 355; 1952, c. 34; 1960, c. 146; 1974, c. 515; 1983, c. 293; 1990, c. 374; 1991, cc. 203, 204; 1998, c. 872 ; 2002, cc. 276 , 832 ; 2005, c. 681 ; 2008, cc. 823 , 833 ; 2014, c. 338 ; 2020, c. 1063 .
Va. Code Ann. § 17.1-914 — Virginia Code / Title 17.1 / Chapter 9 / Section 17.1-914
Privilege
Status: in_force

The filing of papers with and the giving of testimony before the Commission shall be privileged, except where such filing of papers or giving of testimony is motivated or accompanied by actual malice. No other publication of such papers or proceedings shall be privileged in any action for defamation except that (i) the record filed by the Commission with the Supreme Court, in support of a formal complaint filed therewith, continues to be privileged and (ii) a writing which was privileged before its filing with the Commission shall not lose such privilege by such filing.

1971, Ex. Sess., c. 154, § 2.1-37.14; 2001, c. 844 .
Va. Code Ann. § 17.1-1001 — Virginia Code / Title 17.1 / Chapter 10 / Section 17.1-1001
Applicability; waiver
Status: in_force

A. This chapter applies to court reporting services performed in the Commonwealth, whether a party appears in person or by remote access, provided by:

1. A court reporter or court reporting services provider, whether or not based in the Commonwealth, in connection with a legal proceeding that is commenced or maintained in the Commonwealth; or

2. A court reporter or court reporting services provider based in the Commonwealth in connection with a legal proceeding that is commenced or maintained in a foreign jurisdiction.

B. The provisions of this chapter shall not be waived or otherwise modified. Any waiver or modification is contrary to public policy and is void and unenforceable.

2018, c. 783 .
Va. Code Ann. § 17.1-239 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-239
Character of books used for recording; standards for microfilm, etc
Status: in_force

All books used in the clerk's office for the permanent recordation of deeds, wills and other instruments shall either be made of high quality record paper, strictly number one rag stock, or permanent-durable, acid-free paper composed of strong, well-purified chemical wood fibers as prescribed by regulations pursuant to subdivision A 2 of § 42.1-82 , or, if microfilm, microfiche, or microphotographic process is used in the clerk's office, the deeds, wills or other instruments shall be processed in accordance with standards established pursuant to § 42.1-82 . All books are to be substantially bound, with a durable cloth or plastic cover over all.

Code 1919, § 3399, § 17-70; 1934, p. 174; 1972, c. 501; 1975, c. 58; 1983, c. 293; 1988, c. 35; 1998, c. 872 .
Va. Code Ann. § 17.1-264 — Virginia Code / Title 17.1 / Chapter 2 / Article 6 / Section 17.1-264
Recording information on discharges of World War II servicemen
Status: in_force

A. When the honorable or dishonorable discharge of any person who served in the armed forces of the United States, or its associates, during World War II and who was a resident of the county or city at the time of his induction is presented, the clerk shall record the information contained therein in the proper spaces provided for such purpose in the book known as "Induction and Discharge Record, World War II." If the induction record of the veteran presenting a discharge for recordation is not already recorded, the clerk shall ascertain this information and record it along with the discharge.

B. Such record book shall be kept in the clerk's office as a public record and shall be paid for by the county or city, as other public record books are paid for. It shall be standard loose-leaf construction, suitable for permanent record purposes, and shall consist of a binder with canvas jacket, an index and a quantity of sheets printed to provide space for (i) the induction record, (ii) the service record, and (iii) the discharge. Under clause (i) suitable headings and space for recording the induction information obtained from the draft boards shall be provided and under clauses (ii) and (iii) suitable headings and space for recording the information contained in the discharge papers shall be provided.

1944, p. 33, §§ 17-90, 17-91; Michie Suppl. 1946, § 3392a; 1998, c. 872 .
Va. Code Ann. § 17.1-313 — Virginia Code / Title 17.1 / Chapter 3 / Article 1 / Section 17.1-313
Repealed
Status: repealed

Repealed by Acts 2021, Sp. Sess. I, cc. 344 and 345 , cl. 2, effective July 1, 2021.
Va. Code Ann. § 17.1-275.2 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-275.2
Fixed fee for felony reduced to misdemeanor
Status: in_force

In circuit court, upon the conviction of a person of any and each misdemeanor reduced from a felony charge, or upon a deferred disposition of proceedings in the case of any and each misdemeanor reduced from a felony charge 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 , there shall be assessed as court costs a fee of $227, to be known as the fixed fee for felony reduced to misdemeanor. However, this section shall not apply to those proceedings provided for in § 17.1-275.8 .

The amount collected, in whole or in part, for the fixed fee for felony reduced to misdemeanor shall be apportioned to the following funds in the fractional amounts designated:

1. Sentencing/supervision fee (General Fund) (.1695154);

2. Forensic science fund (.1707048);

3. Court reporter fund (.1465639);

4. Witness expenses/expert witness fund (.0088106);

5. Virginia Crime Victim-Witness Fund (.0132159);

6. Intensified Drug Enforcement Jurisdiction Fund (.0176211);

7. Criminal Injuries Compensation Fund (.0881057);

8. Commonwealth's attorney fund (state share) (.0881057);

9. Commonwealth's attorney fund (local share) (.0881057);

10. Regional Criminal Justice Academy Training Fund (.0044053);

11. Warrant fee (.0528634);

12. Courthouse construction/maintenance fund (.0088106); and

13. Clerk of the circuit court (.1431718).

1999, c. 9 ; 2002, c. 831 ; 2003, c. 1039 ; 2005, c. 631 ; 2011, c. 565 ; 2020, c. 1004 ; 2020, Sp. Sess. I, c. 21 .
Va. Code Ann. § 17.1-296 — Virginia Code / Title 17.1 / Chapter 2 / Article 8 / Section 17.1-296
Access to records by the Virginia Criminal Sentencing Commission; subscriber agreement; requirements
Status: in_force

A. Any clerk of a circuit court who provides secure remote access to nonconfidential court records maintained by the clerk shall allow the Virginia Criminal Sentencing Commission (the Commission) to enter into a single subscriber agreement authorizing the Commission to have secure remote access to nonconfidential court records, including court orders, sentencing guidelines, and sentencing revocation reports maintained by the clerk or the clerk's designated application service providers, provided that such subscriber agreement identifies all staff members of the Commission who require such secure remote access and that otherwise satisfies all other requirements of this article or other relevant provisions of law.

B. The subscriber agreement shall identify any staff member of the Commission who requires secure remote access to nonconfidential records to (i) carry out the powers and duties conferred upon the Commission by Chapter 8 (§ 17.1-800 et seq.) or any other provision of law; (ii) assist the clerk of the circuit court with preparing or sending any sentencing or revocation documents as required by subsection E of § 19.2-298.01 and subsection C of § 19.2-306.2 ; or (iii) assist an attorney for the Commonwealth with the preparation of a discretionary sentencing guidelines worksheet, including helping to resolve issues relating to docket numbers or identification numbers, in accordance with subsection C of § 19.2-298.01 . If such secure remote access to any nonconfidential court records is not available, the clerk shall provide access to a hard copy of such nonconfidential court records either in person or via mail or an electronic copy of such nonconfidential court records via electronic mail.

For purposes of this section, no clerk of a circuit court shall require that the Commission enter into individual subscriber agreements for each staff member who requires secure remote access to nonconfidential court records.

2026, c. 942 .
Va. Code Ann. § 17.1-309 — Virginia Code / Title 17.1 / Chapter 3 / Article 1 / Section 17.1-309
Jurisdiction of writs of mandamus and prohibition
Status: in_force

The Supreme Court shall have jurisdiction to issue writs of mandamus and prohibition to the circuit and district courts, the Court of Appeals, and to the State Corporation Commission and in all other cases in which such writs, respectively, would lie according to the principles of the common law. Provided that no writ of mandamus, prohibition or any other summary process whatever shall issue in any case of the collection of revenue or attempt to collect the same, or to compel the collecting officers to receive anything in payment of taxes except such money as is legal tender for the payment of revenue, or in any case arising out of the collection of revenue in which the applicant for the writ of process has any other remedy adequate for the protection and enforcement of his individual right, claim and demand, if just.

Code 1919, § 5864, § 17-96; 1998, c. 872 ; 2021, Sp. Sess. I, c. 489 .
Va. Code Ann. § 17.1-227.1 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-227.1
Use of cover sheets on deeds or other instruments by circuit court clerks
Status: in_force

A. Circuit court clerks may require that any deed or other instrument conveying or relating to an interest in real property be submitted for recordation with a cover sheet detailing the information contained in the deed or other instrument necessary for the clerk to properly index such instrument. The cover sheet shall be developed in conjunction with the Office of the Executive Secretary of the Supreme Court of Virginia and shall include the following information: (i) the name of each party to be indexed as grantor and the name of each party to be indexed as grantee and, in the case of any individual grantor or grantee, the surname of each individual identified as such; (ii) in the case of a deed or other instrument described in § 58.1-801 or 58.1-807 , the amount of the consideration and the actual value of the property conveyed; (iii) the Virginia or federal law under which any exemption from recordation taxes is claimed; (iv) if required under § 17.1-252 , the tax map reference number or numbers, or the parcel identification number (PIN) or numbers, of the affected parcel or parcels; and (v) the name and current address of the person to whom the instrument should be returned after recordation.

B. In any clerk's office that does not require a cover sheet, the attorney or other party presenting a deed or other instrument conveying or relating to an interest in real property may submit a cover sheet with such deed or other instrument containing all of the information required under subsection A, and in such case the deed or other instrument need not contain the information otherwise required to be included under subsection A of § 17.1-223 , except that each page thereof shall be numbered consecutively as provided in subsection A of § 17.1-223 .

C. The attorney or other party who prepares the cover sheet submitted with any deed or other instrument conveying or relating to an interest in real property for recordation has the responsibility for ensuring the accuracy of the information contained in the cover sheet, and the clerk may rely on the information provided therein.

The cover sheet may be recorded with the deed or other instrument with which it is submitted, but it shall not be included as a page for determining the amount of any applicable filing fees pursuant to subdivision A 2 of § 17.1-275 except in the case of a cover sheet submitted pursuant to subsection B. The cover sheet shall be provided only for information purposes to facilitate the recordation of the deed or other instrument with which it is submitted. The cover sheet shall not be construed to convey title to any interest in real property, purport to be a document in the chain of title conveying any interest in real property, or be considered a part of, or affect the interpretation of, the deed or other instrument with which it is submitted, regardless of whether the clerk records the cover sheet with such instrument.

1999, cc. 363 , 369 ; 2000, cc. 440 , 446 ; 2008, cc. 823 , 833 ; 2014, c. 338 .
Va. Code Ann. § 17.1-210 — Virginia Code / Title 17.1 / Chapter 2 / Article 2 / Section 17.1-210
Removal of records or papers prohibited; exceptions
Status: in_force

None of the records or papers of a circuit court shall be removed by the clerk nor allowed by him to be removed out of the county or city wherein the clerk's office is kept, except: (i) on the order of the court or judge; (ii) the clerk, court or judge may allow the records and papers of a pending case to be removed by an attorney of record in that case to any location within the Commonwealth unless the court or judge shall enter an order prohibiting the removal of such records or paper; (iii) on an occasion of invasion or insurrection, when, in the opinion of the court, or, in a very sudden case, of the clerk, the same will be endangered, after which they shall be returned as soon as the danger ceases; and (iv) in such other cases as are specially provided for by law.

Code 1919, § 3387, § 17-45; 1973, c. 54; 1998, c. 872 .
Va. Code Ann. § 17.1-280 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-280
What costs chargeable against prosecutor
Status: in_force

If any warrant of arrest for a misdemeanor or felony, or any search warrant, is issued or procured at the instance of a prosecutor, other than a public officer charged with the enforcement of the laws, and the warrant is dismissed or the accused discharged from the charge or charges, the judge before whom the proceeding is held may give judgment against the prosecutor in favor of the accused for his costs. If the judge believes from the evidence that the warrant was procured by the prosecutor through malice or without reasonable and probable cause, the judge shall grant judgment in favor of the accused for his costs.

Code 1950, § 14-140; 1960, c. 369; 1964, c. 386, § 14.1-131; 1998, c. 872 .
Va. Code Ann. § 17.1-285 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-285
Payment of excess
Status: in_force

A. The Commonwealth shall be entitled to one-third of the excess fees collected by clerks as required to be reported under § 17.1-283 and the governing body of the county or city shall be entitled to two-thirds of the excess fees collected unless otherwise provided by law. The Compensation Board shall determine on an annual basis by June 30 of each year the methods by which excess fees shall be disbursed.

B. All of the excess paid into the state treasury by the clerks of the Supreme Court of Virginia and the Court of Appeals shall be retained therein.

Code 1950, § 14-150; 1964, c. 386, § 14.1-140.1; 1985, c. 575; 1998, c. 872 .
Va. Code Ann. § 17.1-109 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-109
Judges pro tempore
Status: in_force

Any cause pending in a circuit court, when the judge of the court is disqualified or unable for any reason to try the same, may be tried by a judge pro tempore who shall be a citizen of this Commonwealth and shall be licensed to practice law in this Commonwealth.

Code 1919, § 5899, § 17-8; 1996, c. 616 ; 1998, c. 872 .
Va. Code Ann. § 17.1-619 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-619
How jurors paid
Status: in_force

A. The compensation and allowances of persons attending the court as jurors in all felony cases shall be paid by the Commonwealth. Jurors in misdemeanor cases shall be paid by the Commonwealth unless the charge is written on a local warrant or summons, in which case the jurors shall be paid by the political subdivision in which the summons is issued. Jurors in all civil cases shall be paid by the political subdivision in which the summons is issued. Payment in all cases shall be by negotiable check, warrant, cash, credit to a prepaid debit card or card account from which the juror is able to withdraw or transfer funds, or electronic transfer upon the Commonwealth, or the political subdivision, as the case may be. If payment is made by credit to a prepaid debit card or card account from which the juror is able to withdraw or transfer funds, such card or card account shall permit the juror to withdraw or transfer funds without incurring any fee for such withdrawal or transfer.

When, during the same day any juror is entitled to compensation from both the Commonwealth and from the political subdivision in which he has served, the court shall divide the pay for such day between the Commonwealth and the political subdivision. It shall be the duty of the sheriff at the term of the court during which an allowance is made or has been made under this section, to furnish the clerk of the court with a statement showing the number and names of the jurors in attendance upon the court.

B. A county or city may provide by local ordinance that a juror may direct in writing that compensation due him be paid to the court service unit or to any other agency, authority or organization which is ancillary to and provides services to the courts of the county or city.

Code 1950, § 8-208.34; 1954, c. 709; 1958, c. 303; 1960, c. 366; 1968, c. 632, § 14.1-195.2; 1969, Ex. Sess., c. 20; 1972, c. 719; 1973, c. 739; 1974, c. 208; 1975, c. 193; 1977, c. 624; 1982, c. 610; 1991, c. 78; 1998, c. 872 ; 2005, c. 173 ; 2017, c. 799 .
Va. Code Ann. § 17.1-315 — Virginia Code / Title 17.1 / Chapter 3 / Article 1 / Section 17.1-315
Duties of Executive Secretary
Status: in_force

The Executive Secretary to the Supreme Court shall have the following duties:

1. He shall be the Secretary of the Judicial Council;

2. He shall be the Secretary of the Judicial Conference;

3. He shall assist the Chief Justice and the Supreme Court in the administration of the judicial branch of the government to the end that litigation may be expedited and the administration of justice improved in the courts of the Commonwealth; and

4. He shall have such other duties as may be required of him by the Chief Justice or by the Supreme Court in the performance of the administrative functions of that Court.

1952, c. 506, § 17-111.2; 1998, c. 872 .
Va. Code Ann. § 17.1-520 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-520
What tried at a special term
Status: in_force

At any such special term:

1. Any civil case may be tried which could lawfully have been but was not tried at the last preceding term that was or should have been held;

2. Any motion cognizable by such court may be heard and determined, whether it was pending at the preceding term or not;

3. Any criminal case may be tried at such special term as if it were a regular term, although at the preceding regular term the same may not have been pending in the court or may have been continued; and

4. Any cause or matter of controversy, then ready for hearing or which may be made ready by consent of parties, may, with the consent of the parties to such cause or controversy, be heard and determined, although it could not lawfully have been heard at the preceding term that was or should have been held.

Code 1919, § 5896, § 17-131; 1998, c. 872 ; 2005, c. 681 .
Va. Code Ann. § 17.1-270 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-270
Officer to state fees, etc., on affidavit, deposition or report
Status: in_force

A notary or other officer returning affidavits or depositions of witnesses and a commissioner returning a report shall state at the foot thereof the fees therefor, to whom charged and, if paid, by whom.

Code 1950, § 14-109; 1964, c. 386, § 14.1-98; 1998, c. 872 .
Va. Code Ann. § 17.1-275.6 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-275.6
Fees collected from court reporter fund
Status: in_force

Notwithstanding any other provision of law, in any court in which electronic devices are used for recording testimony, a sum not to exceed twenty dollars for each day or part of a day of the trial shall be paid by the clerk, from the court reporter fund as set forth in §§ 17.1-275.1 , 17.1-275.2 and 17.1-275.3 , or a sum not to exceed five dollars for each day or part of a day of the trial of a case wherein costs are assessed pursuant to § 17.1-275.8 shall be paid by the clerk, from the court reporter fund as set forth in § 17.1-275.8 , into a special fund to be used for the purpose of repairing, replacing or supplementing such electronic devices or, if a sufficient amount is available, to pay the purchase price of such devices in whole or in part. For the purpose of this section, repairing shall include maintenance and service contracts. Fees collected under this article shall be retained locally and shall not be subject to the provisions of § 17.1-286 .

2000, c. 875 ; 2002, c. 831 .
Va. Code Ann. § 17.1-500 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-500
Establishment of circuit courts
Status: in_force

For the City of Williamsburg and James City County, and every other county in the Commonwealth, and the Cities of Alexandria, Bristol, Buena Vista, Charlottesville, Chesapeake, Colonial Heights, Danville, Fredericksburg, Hampton, Hopewell, Lynchburg, Martinsville, Newport News, Norfolk, Petersburg, Portsmouth, Radford, Richmond, Roanoke, Salem, Staunton, Suffolk, Virginia Beach, Waynesboro and Winchester, there shall be a circuit court, which shall be called the circuit court of such county or city, or county and city, as the case may be. Each city circuit court shall be the sole court of record for the city and have jurisdiction over each suit, motion, prosecution or thing now or heretofore properly pending in the former courts of record of the city and over the records of such courts. Any reference in this Code or in any act of the General Assembly to a corporation, hustings, law and chancery, law and equity, chancery or other court of record of a city shall apply to the circuit court thereof, mutatis mutandis.

1973, c. 544, § 17-116.1; 1974, c. 297; 1981, c. 628; 1983, c. 580; 1991, c. 189; 1998, c. 872 ; 2006, c. 861 .
Va. Code Ann. § 17.1-412 — Virginia Code / Title 17.1 / Chapter 4 / Section 17.1-412
Affirmance, reversal, or modification of judgment; petition for appeal to Supreme Court upon award of new trial
Status: in_force

A judgment, order, conviction, or decree of a circuit court or award of the Virginia Workers' Compensation Commission may be affirmed, or it may be reversed, modified, or set aside by the Court of Appeals for errors appearing in the record. If the decision of the Court of Appeals is to reverse and remand the case for a new trial, any party aggrieved by the granting of the new trial may accept the remand or proceed to petition for appeal in the Supreme Court pursuant to § 17.1-411 .

1983, c. 413, § 17-116.09; 1984, c. 701; 1998, c. 872 .
Va. Code Ann. § 17.1-275.13 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-275.13
Additional fee for offenses related to sex trafficking
Status: in_force

In addition to the fees provided for by §§ 17.1-275.1 , 17.1-275.2 , 17.1-275.7 , 17.1-275.10 , and 17.1-275.12 , any person convicted of a misdemeanor violation of § 18.2-346.01 or of § 18.2-348 or 18.2-349 shall be ordered to pay a $100 fee, and any person convicted of a violation of clause (ii), (iii), or (iv) of § 18.2-48 , or of § 18.2-368 , or any felony violation of the laws pertaining to commercial sex trafficking or prostitution offenses pursuant to Article 3 (§ 18.2-346 et seq.) of Chapter 8, with the exception of § 18.2-361 , shall be ordered to pay a $500 fee. All fees collected pursuant to this section shall be deposited into the Virginia Prevention of Sex Trafficking Fund to be used in accordance with § 9.1-116.4 .

2019, c. 728 ; 2020, c. 122 ; 2021, Sp. Sess. I, c. 188 .
Va. Code Ann. § 17.1-317 — Virginia Code / Title 17.1 / Chapter 3 / Article 1 / Section 17.1-317
Printing and distribution of advance sheets of such reports
Status: in_force

A. In addition to the copies authorized to be printed and bound under § 17.1-316 , the Executive Secretary of the Supreme Court of Virginia may have printed, for sale as advance sheets, a number of copies of each such report sufficient to fill orders received for advance sheets. He shall fix the price for advance sheets in an amount to cover the cost of printing, mailing and handling. All the funds collected from the sale of advance sheets shall be paid into the state treasury and reported to the Comptroller for credit to the general fund of the Commonwealth.

B. The Executive Secretary of the Supreme Court of Virginia may also have printed as advance sheets a number of copies of each such report sufficient to furnish one copy of each such report to the following for their use and the use of their successors in office:

1. The Clerk of the Supreme Court;

2. The reporter of the Supreme Court;

3. The judges of each court of record of this Commonwealth;

4. The Division of Legislative Services;

5. The Secretary of the Virginia State Bar;

6. Each justice of the Supreme Court;

7. The members of the State Corporation Commission;

8. Each judge of a general district court and each judge of a juvenile and domestic relations district court and such district courts as shall be designated by the Executive Secretary of the Supreme Court of Virginia not to exceed 250 copies;

9. The Attorney General, his deputies and assistants upon written application to the Executive Secretary of the Supreme Court of Virginia; and

10. Any member of the General Assembly upon written application to the Executive Secretary of the Supreme Court of Virginia.

1980, c. 615, § 17-111.4; 1990, c. 731; 1998, c. 872 .
Va. Code Ann. § 17.1-262 — Virginia Code / Title 17.1 / Chapter 2 / Article 6 / Section 17.1-262
Recordation of discharges of those who served in World War I
Status: in_force

Whenever the honorable discharge of any person who served in the military or naval forces of the United States or its associates during World War I, and who at the time of entering such service was a resident of Virginia shall be delivered to the clerk of any circuit court in this Commonwealth, the clerk shall record the same in the book hereinafter provided for. Copies of honorable discharges certified by the clerk shall be received as evidence of the facts therein stated.

1924, p. 471, 472, §§ 17-85, 17-86; Michie Code 1942, §§ 5214b, 5214d; 1998, c. 872 .
Va. Code Ann. § 17.1-915 — Virginia Code / Title 17.1 / Chapter 9 / Section 17.1-915
Witness fees; mileage; exception
Status: in_force

A. Each witness, shall receive for his attendance the same fees and all witnesses shall receive the same mileage allowed by law to a witness in civil cases. The amount shall be paid by the Commission from funds appropriated for the use of the Commission.

B. This section shall not apply to an officer or employee of the Commonwealth or a political subdivision thereof, or an officer or an employee of a court of the Commonwealth.

1971, Ex. Sess., c. 154, § 2.1-37.15; 2001, c. 844 .
Va. Code Ann. § 17.1-275.10 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-275.10
Additional fee
Status: in_force

Beginning May 1, 2003, in addition to the fees set forth in §§ 17.1-275.1 , 17.1-275.2 , 17.1-275.3 , 17.1-275.4 , 17.1-275.7 , 17.1-275.8 , and 17.1-275.9 , there shall be assessed as court costs, a fee of $2, at the same time fees in such sections are assessed. All fees collected pursuant to this section shall be deposited into the Intensified Drug Enforcement Jurisdiction Fund.

2003, c. 1042 , cl. 9.
Va. Code Ann. § 17.1-804 — Virginia Code / Title 17.1 / Chapter 8 / Section 17.1-804
Meetings; staff support
Status: in_force

A. Regular meetings of the Commission shall be held on a quarterly basis and at such other times as the Chairman may determine. Nine members of the Commission shall constitute a quorum. The Commission may hold public hearings.

B. The Commission may appoint a director and fix his duties and compensation. The Director may with prior approval of the Commission employ and fix the duties and compensation of such adequate staff as may be requisite to carry out the duties of the Commission. Other professional personnel, consultants and secretarial and clerical employees may be employed or contracted upon such terms and conditions as set forth by the Commission. The salaries, per diem and other expenses necessary to the functions of the Commission shall be payable from funds appropriated to the Commission. Adequate office space shall be provided by the Executive Secretary of the Supreme Court.

C. All agencies of the Commonwealth, their staffs and employees shall provide the Commission with necessary information for the performance of its duties.

1994, 2nd Sp. Sess., cc. 1 , 2 , § 17-236; 1998, c. 872 .
Va. Code Ann. § 17.1-112 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-112
Sheriff to attend court as its officer
Status: in_force

Neither the Supreme Court nor the Court of Appeals shall be attended by any sheriff in the City of Richmond. In all other cases, the sheriff of the county or city in which any court is held shall attend it and act as its officer.

Code 1919, § 5963, § 17-13; 1984, c. 703; 1998, c. 872 .
Va. Code Ann. § 17.1-707 — Virginia Code / Title 17.1 / Chapter 7 / Article 2 / Section 17.1-707
President; executive committee
Status: in_force

The Chief Justice of the Supreme Court shall be the president of the Judicial Conference. The Conference shall be served by an executive committee composed of eight judges. The Chief Justice, or a justice of the Supreme Court designated by him, shall be chairman of the executive committee.

1950, p. 70, § 17-229; 1964, c. 9; 1980, c. 178; 1987, c. 161; 1998, c. 872 .
Va. Code Ann. § 17.1-111 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-111
Compensation
Status: in_force

Judges pro tempore shall serve without compensation from any public treasury, but it shall be lawful for the parties to agree upon and express in their written stipulation any mode or amount of compensation, together with any further agreement as to the taxing of the same as costs.

Code 1919, § 5901, § 17-10; 1998, c. 872 .
Va. Code Ann. § 17.1-402 — Virginia Code / Title 17.1 / Chapter 4 / Section 17.1-402
(Effective until September 1, 2026) Sessions; panels; quorum; presiding judges; hearings en banc
Status: in_force

A. The Court of Appeals shall sit at such locations within the Commonwealth as the chief judge, upon consultation with the other judges of the court, shall designate so as to provide, insofar as feasible, convenient access to the various geographic areas of the Commonwealth. The chief judge shall schedule sessions of the court as required to discharge expeditiously the business of the court.

B. The Court of Appeals shall sit in panels of at least three judges each. The presence of all judges in the panel shall be necessary to constitute a quorum. The chief judge shall assign the members to panels and, insofar as practicable, rotate the membership of the panels. The chief judge shall preside over any panel of which he is a member and shall designate the presiding judges of the other panels.

C. Each panel shall hear and determine, independently of the others, the petitions for appeal pursuant to § 17.1-406 or 19.2-398 and appeals in criminal and civil cases assigned to that panel.

D. The Court of Appeals shall sit en banc (i) when there is a dissent in the panel to which the case was originally assigned and an aggrieved party requests an en banc hearing and at least six judges of the court vote in favor of such a hearing or (ii) when any judge of any panel shall certify that in his opinion a decision of such panel of the court is in conflict with a prior decision of the court or of any panel thereof and five other judges of the court concur in that view. The court may sit en banc upon its own motion at any time or upon the petition of any party, in any case in which a majority of the court determines it is appropriate to do so. The court sitting en banc shall consider and decide the case and may overrule any previous decision by any panel or of the full court.

E. The court may sit en banc with no fewer than 13 judges. In all cases decided by the court en banc, the concurrence of at least a majority of the judges sitting shall be required to reverse a judgment, in whole or in part.

1983, c. 413, § 17-116.02; 1984, c. 701; 1988, cc. 71, 478; 1998, c. 872 ; 2000, c. 8 ; 2001, c. 555 ; 2008, cc. 54 , 156 ; 2021, Sp. Sess. I, c. 489 .
Va. Code Ann. § 17.1-310 — Virginia Code / Title 17.1 / Chapter 3 / Article 1 / Section 17.1-310
Habeas corpus, appeals, writs of error and supersedeas
Status: in_force

The Supreme Court shall also have jurisdiction to award writs of habeas corpus and of such appeals, writs of error and supersedeas as may be legally docketed in or transferred to the Court.

Code 1919, § 5865, § 17-97; 1995, c. 503 ; 1998, c. 872 ; 2021, Sp. Sess. I, cc. 344 , 345 .
Va. Code Ann. § 17.1-275.4 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-275.4
Fixed misdemeanor reduced from felony revocation fee
Status: in_force

In circuit court, when a person whose charge was reduced from a felony charge is convicted of a misdemeanor and subsequently suffers partial or full revocation of his suspension of sentence or probation pursuant to § 19.2-306 , other than a revocation for failure to pay previously assessed court costs, he shall be assessed as court costs a fee of $114.50 to be known as the fixed misdemeanor reduced from felony revocation fee. A single fixed misdemeanor reduced from felony revocation fee shall be assessed per defendant per hearing without regard to the number of misdemeanor revocations being considered except that if a revocation of probation or suspended sentence upon a felony conviction is also being considered at the same revocation proceeding, a single fixed felony revocation fee shall apply instead. The amount collected, in whole or in part, for the fixed misdemeanor reduced from felony revocation fee shall be apportioned, as provided by law, to the following funds in the fractional amounts designated:

1. Virginia Crime Victim-Witness Fund (.0262009);

2. Intensified Drug Enforcement Jurisdiction Fund (.0349345);

3. Witness expenses/expert witness fund (.0174672);

4. Commonwealth's attorney fund (state share) (.1746725);

5. Commonwealth's attorney fund (local share) (.1746725);

6. Criminal Injuries Compensation Fund (.1746725);

7. Regional Criminal Justice Training Academy Fund (.0087336);

8. Warrant fee, as prescribed by § 17.1-272 (.1048035); and

9. Clerk of the circuit court (.2838428).

1999, c. 9 ; 2002, c. 831 ; 2003, c. 1039 ; 2011, c. 565 .
Va. Code Ann. § 17.1-121 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-121
Effect of change of time or place of court or failure to sit generally
Status: in_force

When the place for holding any court or the day for commencing any term is changed or when a court fails to sit on any day appointed for it or to which it may have adjourned there shall be no discontinuance, but every notice, recognizance or process given, taken or returnable to the day on which the failure occurred, or to any day between that day and the next that the court may sit, or to the day and place as it was before such change, and all matters ready for the court to act upon if it had been held on any such day shall be in the same condition and have the same effect as if given, taken, returnable, or continued to the substituted term or place, or to the next day of the same term that the court may sit, or to the next court in course, as the case may be.

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, § 5971, § 17-24; 1998, c. 872 ; 2005, c. 389 .
Va. Code Ann. § 17.1-405 — Virginia Code / Title 17.1 / Chapter 4 / Section 17.1-405
Appellate jurisdiction — Administrative agency, Virginia Workers' Compensation Commission, and civil matter appeals
Status: in_force

A. Unless otherwise provided by law, any aggrieved party may appeal to the Court of Appeals from:

1. Any final decision of a circuit court on appeal from (i) a decision of an administrative agency, or (ii) a grievance hearing decision issued pursuant to § 2.2-3005 ;

2. Any final decision of the Virginia Workers' Compensation Commission;

3. Except as provided in subsection B of § 17.1-406 , any final judgment, order, or decree of a circuit court in a civil matter;

4. Any interlocutory decree or order pursuant to § 8.01-267.8 or 8.01-675.5 ;

5. Except as provided in subsection B, any interlocutory decree or order involving an equitable claim in which the decree or order (i) requires money to be paid or the possession or title of property to be changed or (ii) adjudicates the principles of a cause; or

6. Any final judgment, order, or decree of a circuit court (i) involving an application for a concealed weapons permit pursuant to Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title 18.2, (ii) involving involuntary treatment of prisoners pursuant to § 53.1-40.1 or 53.1-133.04 , or (iii) for declaratory or injunctive relief under § 57-2.02 .

B. Except as provided in § 8.01-675.5 , no interlocutory decree or order shall be appealed if such decree or order involves:

1. Affirmance or annulment of a marriage;

2. Divorce;

3. Custody of a minor child;

4. Spousal or child support;

5. Control or disposition of a minor child;

6. Any other domestic relations matter arising under Title 16.1 or 20; or

7. Any protective order other than a final protective order issued by a circuit court.

1983, c. 413, § 17-116.05; 1984, c. 701; 1985, c. 283; 1990, c. 897; 1998, c. 872 ; 2000, cc. 830 , 947 , 1006 ; 2001, cc. 393 , 420 ; 2021, Sp. Sess. I, c. 489 ; 2022, cc. 307 , 714 ; 2023, cc. 741 , 742 ; 2024, c. 424 .
Va. Code Ann. § 17.1-225 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-225
Remote access to nonconfidential court records
Status: in_force

The clerk of the circuit court of any county or city may provide remote access, including Internet access, to all nonconfidential court records on an automated case management or other system maintained by his office and described in § 17.1-242 . The clerk shall be responsible for insuring that proper security measures are implemented and maintained to prevent remote access users from obtaining any data that are confidential under this Code and to prevent the modification or destruction of any records by remote access users. For purposes of this section, remote access users are those individuals who are not employees of the clerk's office. Secure remote access to land records shall be governed by § 17.1-294 .

1985, c. 489, § 17-59.2; 1993, c. 445; 1997, c. 413 ; 1998, c. 872 ; 2001, c. 497 ; 2008, cc. 823 , 833 ; 2014, c. 460 .
Va. Code Ann. § 17.1-1002 — Virginia Code / Title 17.1 / Chapter 10 / Section 17.1-1002
Prohibited actions; exception
Status: in_force

A. A court reporter or court reporting services provider shall not:

1. Enter into an oral or written contractual agreement for more than one case, action, or legal proceeding with a party, insurance company, or any other person or entity that has a financial interest in the case, action, or legal proceeding. This prohibition does not apply to a contract for the provision of court reporting services between a court reporter or court reporting services provider and an attorney or law firm that is counsel of record in one or more cases, actions, or legal proceedings;

2. Give an economic or other advantage to a party or a party's attorney, representative, agent, insurer, or employee without offering the advantage to all parties or fail to offer comparable services, prices, or financial terms to all parties, except that different credit terms may be offered based on payment experience and creditworthiness;

3. Offer or provide court reporting services if payment for those services is made contingent on the outcome of the legal proceeding, base the compensation for the court reporting services on the outcome of the legal proceeding, or otherwise give the court reporter or court reporting services provider a financial interest in the action;

4. Enter into an agreement for court reporting services that restricts an attorney from using the court reporter or court reporting services provider of the attorney's choosing;

5. Enter into an oral or written contractual agreement with a party, insurance company, or any other person or entity that has a financial interest in the case, action, or legal proceeding to include a court reporter or court reporting services provider on a list of preferred providers of court reporting services that is maintained by a person, business, entity, or firm that has entered into an oral or written contractual agreement for more than one case, action, or legal proceeding with an attorney, party, insurance company, third-party administrator, or any other person or entity that has a financial interest in the case, action, or legal proceeding. This prohibition does not apply to a contract between a court reporter or court reporting services provider and an attorney or law firm to include such court reporter or court reporting services provider on a list of preferred providers maintained by such attorney or law firm;

6. Allow the format, content, or body of a certified transcript as submitted by the court reporter to be manipulated in a manner that increases the cost of the transcript; or

7. Provide additional advocacy or litigation support services, including trial preparation assistance, deposition summaries, and nonpublished transcript databases.

B. Notwithstanding subsection A, if authorized or required by law, ordinance, or rule, a governmental entity may obtain court reporting services on a long-term basis through competitive bidding.

2018, c. 783 .
Va. Code Ann. § 17.1-501 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-501
Judges of circuit courts; selection, powers and duties of chief judges; exercise of appointive powers
Status: in_force

A. There shall be as many judges of the circuit courts as may be fixed by the General Assembly. The judges of each circuit shall select from their number by majority vote a chief judge of the circuit, who shall serve for the term of two years. In the event such judges cannot agree as to who shall be chief judge, the Chief Justice of the Supreme Court shall act as tie breaker.

B. The chief judge of the circuit shall ensure that the system of justice in his circuit operates smoothly and efficiently. He shall have authority to assign the work of the circuit among the judges, and in doing so he may consider the nature and categories of the cases to be assigned.

C. Unless otherwise provided by law, powers of appointment within a circuit shall be exercised by a majority of the judges of the circuit; however, the order of appointment may be signed by the chief judge or that judge's designee on behalf of the other judges. In case of a tie, the Chief Justice of the Supreme Court shall appoint a circuit judge from another circuit who shall act as tie breaker. Where the power of appointment is to be exercised by a majority of the judges of the Second Judicial Circuit and such appointment is to a local post, board or commission in Accomack or Northampton County, the resident judge or judges of the County of Accomack or Northampton shall exercise such appointment power as if he or they comprise the majority of the judges of the circuit.

D. No person shall be appointed or reappointed under this section until he has submitted his fingerprints to be used for the conduct of a national criminal records search and a Virginia criminal history records search, submitted to a search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse or neglect, and provided a written statement of economic interests on the disclosure form prescribed in § 2.2-3117 . No person with a criminal conviction for a felony shall be appointed as a judge.

1973, c. 544, § 17-116.2; 1976, c. 124; 1994, c. 407 ; 1998, c. 872 ; 2004, c. 452 ; 2005, c. 183 ; 2018, c. 578 .
Va. Code Ann. § 17.1-131 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-131
Jurisdiction to issue writs of mandamus in matters pertaining to action of service district commission
Status: in_force

The circuit court of a county or city having original and general jurisdiction of civil actions in which county or city is situated the seat of government of a service district, shall have original exclusive jurisdiction to issue writs of mandamus in all matters or proceedings arising from or pertaining to the action of the service district commission.

1968, c. 225, § 17-32.1; 1998, c. 872 ; 2005, c. 681 .
Va. Code Ann. § 17.1-102 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-102
Justices and judges not permitted to practice law or seek or hold elective or other office
Status: in_force

No justice or judge shall, during his continuance in office, engage in the practice of law within or without the Commonwealth, or seek or accept any nonjudicial elective office, or hold any other office of public trust, or engage in any other incompatible activity.

1971, Ex. Sess., c. 50, § 17-3.1; 1998, c. 872 .
Va. Code Ann. § 17.1-286 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-286
Disposition of state funds locally collected
Status: in_force

All state funds collected by clerks of courts shall be paid into the state treasury without deductions on account of their compensation or on account of expenses. The Comptroller shall promptly forward to such officers his warrants on the State Treasurer for the compensation due them and the estimated amount allowed them out of such funds for expenses.

Code 1950, § 14-161; 1964, c. 386, § 14.1-161; 1998, c. 872 .
Va. Code Ann. § 17.1-276 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-276
Fee allowed for providing secure remote access to land records
Status: in_force

A. A clerk of the circuit court who provides secure remote access to land records pursuant to § 17.1-294 may charge a fee as provided in this section. 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 . The clerk may charge a flat clerk's fee to be assessed for each subscriber, as defined in § 17.1-295 , in an amount not to exceed $50 per month and a separate fee per image downloaded in an amount not to exceed the fee provided in subdivision A 8 of § 17.1-275 . The clerk's fees shall be used to cover operational expenses as defined in § 17.1-295 .

The Office of the Attorney General, the Division of Debt Collection, the Department of Transportation, the Virginia Outdoors Foundation, the Department of Historic Resources, the Department of General Services, the Department of Conservation and Recreation, the Department of Forestry, the Virginia Alcoholic Beverage Control Authority, the Department of Rail and Public Transportation, the Virginia Passenger Rail Authority, and the State Corporation Commission shall be exempt from paying any fee for remote access to land records. If any clerk contracts with an outside vendor to provide remote access to land records to subscribers, such contract shall contain a provision exempting the Office of the Attorney General, the Division of Debt Collection, the Department of Transportation, the Virginia Outdoors Foundation, the Department of Historic Resources, the Department of General Services, the Department of Conservation and Recreation, the Department of Forestry, the Virginia Alcoholic Beverage Control Authority, the Department of Rail and Public Transportation, the Virginia Passenger Rail Authority, and the State Corporation Commission from paying any access or subscription fee.

B. The circuit court clerk shall enter into an agreement with each person whom the clerk authorizes to have remote access, in accordance with the security standards established by the Virginia Information Technologies Agency. Any such agreement between a state agency, political subdivision, or employee thereof acting in the employee's official capacity and the clerk or an outside vendor contracted by the clerk to provide remote access to land records to subscribers, or such an agreement between a state agency, political subdivision, or employee thereof acting in the employee's official capacity and both the clerk and the outside vendor, shall not contain any provision requiring the state agency, political subdivision, or employee thereof acting in the employee's official capacity to indemnify the clerk or the vendor. Any such agreement between a (i) state agency or political subdivision and (ii) the clerk or an outside vendor shall provide that the state agency or political subdivision is required to monitor its employees' activity under such agreement to ensure compliance with its terms.

C. The clerk may establish a program under which the clerk assesses a reasonable convenience fee that shall not exceed $2 per transaction for remote access to land records and a separate fee per image downloaded in an amount not to exceed the fee provided in subdivision A 8 of § 17.1-275 .

D. Nothing herein shall be construed to require the use by the general public of the secure remote access to land records made available by the clerk, and such records may continue to be accessed in person in the clerk's office.

1985, c. 489, § 14.1-118.1; 1993, c. 445; 1995, c. 592 ; 1997, c. 413 ; 1998, cc. 650 , 872 ; 2004, c. 230 ; 2006, c. 474 ; 2008, cc. 823 , 833 ; 2009, cc. 76 , 723 , 797 ; 2010, c. 430 ; 2011, cc. 434 , 493 ; 2012, cc. 234 , 469 , 780 ; 2013, c. 77 ; 2015, cc. 65 , 174 ; 2019, c. 611 ; 2021, Sp. Sess. I, c. 124 ; 2026, c. 75 .
Va. Code Ann. § 17.1-505 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-505
Circuit court of county to constitute circuit court of certain cities
Status: in_force

The circuit court of any county, within which is situated any city which has undergone transition from a city of the second class to a city of the first class since the Constitution of 1902, went into effect, shall have concurrent jurisdiction with the circuit court of such city in all proceedings at law or in equity, except criminal prosecutions; and the circuit court of such county shall constitute the circuit court of such city. This section shall not apply to the Cities of Bristol, Colonial Heights, Fredericksburg, Martinsville, Salem and Suffolk for which separate circuit courts have heretofore been established and which are continued.

Code 1919, § 5911, § 17-118; 1920, p. 607; 1962, c. 237; 1968, c. 107; 1971, Ex. Sess., c. 27; 1998, c. 872 .
Va. Code Ann. § 17.1-281 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-281
Assessment for courthouse construction, renovation or maintenance
Status: in_force

A. Any county or city, through its governing body, may assess a sum not in excess of two dollars as part of the costs in (i) each civil action filed in the district or circuit courts located within its boundaries and (ii) each criminal or traffic case in its district or circuit court in which the defendant is charged with a violation of any statute or ordinance. If a town provides court facilities for a county, the governing body of the county shall return to the town a portion of the assessments collected based on the number of civil, criminal and traffic cases originating and heard in the town.

B. 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 or city and held by such treasurer subject to disbursements by the governing body for the construction, renovation, or maintenance of courthouse or jail and court-related facilities and to defray increases in the cost of heating, cooling, electricity, and ordinary maintenance.

C. Any county or city which, on or after January 1, 2008, operated a courthouse not in compliance with the current safety and security guidelines contained in the Virginia Courthouse Facility Guidelines, as certified by the Department of General Services upon application to the Department by the county or city, and which cannot be feasibly renovated to correct such non-compliance, through its governing body, may assess an additional sum not in excess of three dollars as part of the costs in (i) each civil action filed in the district or circuit courts located within its boundaries and (ii) each criminal or traffic case in its district or circuit court in which the defendant is charged with a violation of any statute or ordinance. Such additional fee assessed under this subsection shall not be assessed in any civil action if the amount in controversy is $500 or less. Any locality which applies for certification from the Department under this subsection shall reimburse the Department for the actual costs incurred by the Department in complying with the certification request.

D. 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 or city, and held by such treasurer subject to disbursements by the governing body solely for the construction, reconstruction, renovation of, or adaptive re-use of a structure for a courthouse.

E. The assessments provided for herein shall be in addition to any other fees prescribed by law. The assessments shall be required in each felony, misdemeanor, or traffic infraction case, regardless of the existence of a local ordinance requiring their payment.

1990, c. 543, § 14.1-133.2; 1991, c. 689; 1992, cc. 698, 863; 1998, c. 872 ; 1999, c. 9 ; 2002, c. 831 ; 2009, cc. 814 , 857 .
Va. Code Ann. § 17.1-221 — Virginia Code / Title 17.1 / Chapter 2 / Article 2 / Section 17.1-221
Reports by clerks of the business of courts of record
Status: in_force

The clerk of each court of record in this Commonwealth, including the clerk of the Court of Appeals, within fifteen days from the end of each calendar month, shall make to the Supreme Court a report of the business disposed of by his court during the month just ended. The report shall be made upon a form furnished by the Executive Secretary and shall contain such information as the Supreme Court deems proper to enable it to gain a fair knowledge of the business of the several courts of the Commonwealth.

The reports shall be filed in the office of the Executive Secretary and the General Assembly or any other body or officer of this Commonwealth shall have access thereto.

Code 1919, § 3405, § 17-57; 1928, p. 1121; 1938, p. 129; 1944, p. 131; 1964, c. 10; 1984, c. 703; 1998, c. 872 .
Va. Code Ann. § 17.1-401 — Virginia Code / Title 17.1 / Chapter 4 / Section 17.1-401
Senior judge
Status: in_force

A. Any chief judge or judge of the Court of Appeals who is eligible for retirement, other than for disability, with the consent of a majority of the members of the court first obtained, may elect to retire under the Judicial Retirement System (§ 51.1-300 et seq.) and be known and designated as a senior judge. In addition, any chief judge or judge of the Court of Appeals 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 judge.

B. Any chief judge or judge who has retired from active service, as provided in subsection A, may be designated and assigned by the Chief Judge of the Court of Appeals to perform the duties of a judge of the court. Such judge 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 judge shall be deemed to be serving in a temporary capacity and, in addition to the retirement benefits received by such judge, shall receive as compensation a sum equal to one-fourth of the total compensation of an active judge of the Court of Appeals for a similar period of service. A retired judge, while performing the duties of a senior judge, shall be furnished office space, support staff, a telephone, and supplies as are furnished a judge of the court.

D. A judge may terminate his status as a senior judge, or such status may be terminated by a majority of the members of the court. Each judge designated a senior judge 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 judge may so serve.

E. Only seven retired judges shall serve as senior judges at any one time.

F. Nothing in this section shall be construed to increase the number of judges of the Court of Appeals provided for in § 17.1-400 .

1993, c. 421, § 17-116.01:1; 1994, c. 401 ; 1998, cc. 190 , 872 ; 2001, c. 295 ; 2004, c. 346 ; 2014, c. 776 ; 2018, c. 709 ; 2021, Sp. Sess. I, c. 489 .
Va. Code Ann. § 17.1-275.14 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-275.14
Additional fee for Virginia State Police Electronic Summons System 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 , 17.1-275.12 , and 17.1-275.13 , a fee of $5 shall be assessed as court costs in each criminal or traffic case in which the Virginia State Police issued the summons, ticket, or citation. All fees collected pursuant to this section shall be deposited into the state treasury and credited to the Virginia State Police Electronic Summons System Fund.

B. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia State Police Electronic Summons System Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All fees collected under this section, moneys appropriated directly to the Fund, and any other grants or gifts made to the 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 purposes of funding software, hardware, and associated equipment costs for the implementation and maintenance of an electronic summons system. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Superintendent of the Virginia State Police or his designee.

2020, c. 342 .
Va. Code Ann. § 17.1-125 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-125
Civil order book
Status: in_force

The clerk shall record (i) trust fund orders pursuant to §§ 17.1-123 and 17.1-124 and (ii) the annual trust fund report required pursuant to subsection G of § 8.01-600 in a book known as the civil order book, in which shall be recorded all reports, orders, and decrees concerning moneys received or to be received by general receivers pursuant to § 8.01-582 and by clerks pursuant to § 8.01-600 .

1988, c. 553, § 17-28.1; 1998, c. 872 ; 2017, c. 35 .
Va. Code Ann. § 17.1-519 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-519
Adjournment thereof to a future day
Status: in_force

Whenever any judge of a circuit court has appointed a special term of any circuit court, by adjournment or warrant in the manner directed by § 17.1-518 , and shall afterward ascertain that he cannot hold the special term on the day appointed for it, he may, by warrant, directed to the clerk of the court, adjourn it to such other day as he deems proper. The warrant shall be transmitted to the clerk, who shall immediately enter it in the order book of the court and, as to the special term thereafter to be held under the continuance, proceed in all other respects in the manner directed by § 17.1-518 .

Code 1919, § 5895, § 17-130; 1998, c. 872 .
Va. Code Ann. § 17.1-624 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-624
Who to tax costs
Status: in_force

The clerk of the court wherein any party recovers costs shall tax the same.

Code 1950, § 14-193; 1952, c. 616; 1954, c. 99; 1964, c. 386, § 14.1-196; 1984, c. 703; 1998, c. 872 ; 2014, c. 315 .
Va. Code Ann. § 17.1-227 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-227
Documents to be recorded in deed books; social security numbers
Status: in_force

All deeds, deeds of trust, deeds of release, certificates of satisfaction or certificates of partial satisfaction, quitclaim deeds, homestead deeds, grants, transfers and mortgages of real estate, releases of such mortgages, powers of attorney to convey real estate, leases of real estate, notices of lis pendens and all contracts in reference to real estate, which have been acknowledged as required by law, and certified copies of final judgments or decrees of partition affecting the title or possession of real estate, any part of which is situated in the county or city in which it is sought to be recorded, and all other writings relating to or affecting real estate which are authorized to be recorded, shall, unless otherwise provided, be recorded in a book to be known as the deed book. All deeds, deeds of trust, deeds of release, quitclaim deeds, grants, transfers, and mortgages of real estate or any addendum or memorandum relating to any of these instruments submitted for recordation in the deed books of the appropriate office of the clerk of court shall be prepared according to the requirements for deeds and deeds of trust as set forth in §§ 55.1-300 and 55.1-316 , as applicable. The clerk may refuse to accept any instrument submitted for recordation that includes a social security number. However, the attorney or party who prepares or submits the instrument has responsibility for ensuring that the social security number is removed from the instrument prior to the instrument being submitted for recordation. The clerk shall be immune from suits arising from the recordation of any document, or the content of any document recorded, in the land records pursuant to this or any other applicable provision of this Code unless the clerk was grossly negligent or engaged in willful misconduct. Each instrument shall be indexed under all such names in accordance with the provisions of § 17.1-249 .

Code 1919, § 3393, § 17-60; 1920, p. 313; 1932, p. 333; 1975, c. 469; 1976, c. 561; 1977, c. 282; 1990, c. 374; 1994, c. 64 ; 1997, c. 579 ; 1998, c. 872 ; 2003, cc. 862 , 914 , 918 ; 2004, c. 352 ; 2014, c. 338 .
Va. Code Ann. § 17.1-222.2 — Virginia Code / Title 17.1 / Chapter 2 / Article 2 / Section 17.1-222.2
Entry of condemnation orders; payment of just compensation deposits
Status: in_force

Where an order entered in any condemnation proceeding or inverse condemnation proceeding directs the clerk to disburse just compensation, or any portion thereof, the clerk shall, unless otherwise provided in the order, promptly and in accordance with the provisions of this section disburse such just compensation in the amount specified in the order and any interest accrued. The clerk shall disburse such just compensation no later than seven business days after the later of (i) the entry of the order or (ii) receipt of the sum that the order directs the clerk to disburse.

2026, c. 954 .
Va. Code Ann. § 17.1-275.3 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-275.3
Fixed felony revocation fee
Status: in_force

Upon the partial or full revocation of suspension of sentence or probation of a convicted felon pursuant to § 19.2-306 , other than a revocation for failure to pay previously assessed court costs, there shall be assessed as court costs a fee of $158 to be known as the fixed felony revocation fee. A single fixed felony revocation fee shall be assessed per defendant per hearing without regard to the number of revocations being considered.

The amount collected, in whole or in part, for the fixed felony revocation fee shall be apportioned to the following funds in the fractional amounts designated:

1. Virginia Crime Victim-Witness Fund (.0189873);

2. Intensified Drug Enforcement Jurisdiction Fund (.0253165);

3. Court reporter fund (.2105696);

4. Witness expenses/expert witness fund (.0126582);

5. Commonwealth's attorney fund (state share) (.1265823);

6. Commonwealth's attorney fund (local share) (.1265823);

7. Criminal Injuries Compensation Fund (.1898734);

8. Regional Criminal Justice Academy Training Fund (.0063291);

9. Warrant fee (.0759494); and

10. Clerk of the circuit court (.2071519).

1999, c. 9 ; 2003, c. 1039 ; 2011, c. 565 .
Va. Code Ann. § 17.1-275.9 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-275.9
Fixed misdemeanor revocation fee
Status: in_force

In circuit court, when a person is convicted of a misdemeanor not originally charged as a felony and subsequently suffers partial or full revocation of his suspension of sentence or probation pursuant to § 19.2-306 , he shall be assessed as court costs a fee of $77 to be known as the fixed misdemeanor revocation fee. A single fixed misdemeanor revocation fee shall be assessed per defendant per hearing without regard to the number of misdemeanor revocations being considered, except that if a revocation of probation or suspended sentence upon a felony conviction is also being considered at the same revocation proceeding, a single fixed felony revocation fee shall apply instead. The amount collected, in whole or in part, for the fixed misdemeanor revocation fee shall be apportioned, as provided by law, to the following funds in the fractional amounts designated:

1. Virginia Crime Victim-Witness Fund (.0389610);

2. Intensified Drug Enforcement Jurisdiction Fund (.0519481);

3. Witness expenses/expert witness fee (General Fund) (.0259740);

4. Commonwealth's Attorney Fund (state share) (.0974026);

5. Commonwealth's Attorney Fund (local share) (.0974026);

6. Criminal Injuries Compensation Fund (.2597403);

7. Regional Criminal Justice Training Academy Fund (.0129870);

8. Warrant fee, as prescribed by § 17.1-272 (.1558442); and

9. Clerk of the circuit court (.2597403).

2002, c. 831 ; 2003, c. 1039 ; 2011, c. 565 .
Va. Code Ann. § 17.1-622 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-622
Clerk to transmit orders making allowances to Supreme Court, treasurer and jurors
Status: in_force

Such clerk shall immediately, after the adjournment of the court, transmit to the Supreme Court a list of all orders under § 17.1-621 making allowances against the Commonwealth, and to the treasurer of the political subdivision a list of all such orders making allowances against the political subdivision, with a certificate to the correctness of the list and the aggregate amount thereof annexed thereto and signed by the judge of the court and himself, and such clerk shall also deliver to each juror copies of any orders making an allowance to him, whether the same be payable by the Commonwealth or by the political subdivision.

Code 1950, § 8-208.37; 1973, c. 439, § 14.1-195.5; 1977, c. 624; 1978, c. 195; 1998, c. 872 .
Va. Code Ann. § 17.1-219.1 — Virginia Code / Title 17.1 / Chapter 2 / Article 2 / Section 17.1-219.1
Transportation orders; authorization for clerk to issue orders to custodian
Status: in_force

In a criminal proceeding, upon authorization by the judge, the clerk of a circuit court may issue orders for commitment of the defendant or orders for release of the defendant to the appropriate custodian when the judge has ordered the defendant (i) to be committed to custody upon a denial of bail, upon a revocation of bail or upon a change in bail condition, (ii) to be continued in custody upon a continuance of the proceeding, or (iii) to be released upon meeting bail requirements, upon being sentenced to time already served or upon being found not guilty.

2002, c. 832 .
Va. Code Ann. § 17.1-294 — Virginia Code / Title 17.1 / Chapter 2 / Article 8 / Section 17.1-294
Secure remote access to land records
Status: in_force

A. No circuit court clerk shall provide secure remote access to any land record that does not comply with the provisions of this section and the secure remote access standards developed by the Virginia Information Technologies Agency in consultation with the circuit court clerks, the Executive Secretary of the Supreme Court, the Compensation Board, and users of land and other court records.

B. 1. Beginning July 1, 2012, any land record made available to subscribers via secure remote access may contain only the last four digits of the social security number of any party. Nothing in this subsection shall be construed to require the clerk to reinsert the last four digits of a social security number on any land record where the redaction of the entire social security number has been completed prior to July 1, 2012.

2. However, the original land record maintained by the clerk may contain a social security number if otherwise provided by law, but that original record shall not be made available via secure remote access unless it complies with this section.

3. Except in cases where the original record is required by law to contain a social security number, the attorney or party who prepares or submits the land record for recordation has the responsibility for ensuring that the social security number has been removed from the writing prior to the instrument's being submitted for recordation.

C. Nothing in this section shall be construed to prohibit access to any original document as provided by law.

D. Nothing in this section shall be construed to permit any data accessed by secure remote access to be sold or posted on any other website or in any way redistributed to any third party, and the clerk, in his discretion, may deny secure remote access to ensure compliance with these provisions. However, the data accessed by secure remote access may be included in products or services provided to a third party of the subscriber provided that (i) such data is not made available to the general public and (ii) the subscriber maintains administrative, technical, and security safeguards to protect the confidentiality, integrity, and limited availability of the data.

E. The clerk of the circuit court of any jurisdiction shall be immune from suit arising from any acts or omissions relating to providing secure remote access to land records pursuant to this section unless the clerk was grossly negligent or engaged in willful misconduct.

2007, cc. 548 , 626 ; 2009, c. 312 ; 2011, c. 715 ; 2012, c. 234 .
Va. Code Ann. § 17.1-275.12 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-275.12
Additional fee for Internet Crimes Against Children Fund
Status: in_force

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 , and 17.1-275.11 , a fee of $15 upon each felony or misdemeanor conviction shall be assessed as court costs. All fees collected pursuant to this section shall be deposited into the state treasury and credited to the Internet Crimes Against Children Fund.

There is hereby established in the state treasury the Internet Crimes Against Children Fund. Such fund shall consist of all fees collected under this section, moneys appropriated directly to the Fund, and any other grants or gifts made to the Fund. Moneys in the Fund shall be disbursed in the following manner: to the Virginia State Police, 33.3333 percent of the total annual deposits to support the Northern Virginia Internet Crimes Against Children program; to the Department of Criminal Justice Services, 33.3333 percent of the total annual deposits to support the Southern Virginia Internet Crimes Against Children program; to the Department of Criminal Justice Services, 27.7777 percent of the total annual deposits to support grants and training and equipment for local law-enforcement agencies' use in investigating and prosecuting Internet crimes against children; and to the Department of Social Services, 5.5555 percent of the total annual deposits to support the Virginia Child Protection Accountability System established under § 63.2-1530 .

2010, c. 685 ; 2014, c. 794 .
Va. Code Ann. § 17.1-625 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-625
Repealed
Status: repealed

Repealed by Acts 2018, c. 35 , cl. 1.
Va. Code Ann. § 17.1-216 — Virginia Code / Title 17.1 / Chapter 2 / Article 2 / Section 17.1-216
Handling fee for service of process
Status: in_force

The fee for serving such process, order or decree may be delivered to the clerk, who shall transmit it with the papers to be served to the sheriff and the fee paid shall be taxed by the clerk as a part of the costs of the proceeding.

Code 1919, § 3403, § 17-52; 1946, p. 55; 1998, c. 872 .
Va. Code Ann. § 17.1-319 — Virginia Code / Title 17.1 / Chapter 3 / Article 1 / Section 17.1-319
Custody and distribution of reports of Supreme Court; Court of Appeals
Status: in_force

A. The Executive Secretary of the Supreme Court of Virginia shall be charged with the custody, disposal and sale of the published reports of the decisions of the Supreme Court and the Court of Appeals. One copy of each volume of the reports hereafter published shall be furnished either in print or in electronic format to each of the following for their use and the use of their successors in office:

1. The Clerk and the Executive Secretary of the Supreme Court;

2. The reporter of the Supreme Court;

3. The judges and retired judges of each circuit court of this Commonwealth;

4. The clerk of each such court;

5. Each judge of a general district court and each judge of a juvenile and domestic relations district court, and such district courts as shall be designated by the Executive Secretary of the Supreme Court of Virginia not to exceed 250 copies;

6. The Clerk of the House of Delegates;

7. The Clerk of the Senate;

8. The Division of Legislative Services;

9. The Virginia Workers' Compensation Commission;

10. The Secretary of the Virginia State Bar;

11. The clerk of each of the district courts of the United States held in this Commonwealth for the use of the courts and the members of the bar practicing therein;

12. The attorney for the Commonwealth in counties and cities, and the county attorney in those counties which created the office of the county attorney;

13. The Attorney General, his deputies and assistants upon written application to the Executive Secretary of the Supreme Court of Virginia.

B. Two copies of each volume of the reports hereafter published shall be furnished to each of the justices of the Supreme Court, to each of the judges of the Court of Appeals and to each of the members of the State Corporation Commission for their use and for the use of their successors in office, except that each justice, judge or member shall be entitled to retain for personal use one copy of each volume in which appear any opinions authored by him. Eight copies of each volume of the reports hereafter published shall be furnished to each institution of higher education in the Commonwealth in which a law school approved by the American Bar Association is established. Fifteen copies of each such volume shall be placed in the State Law Library at Richmond.

C. He shall place in the Law Library at Richmond such additional copies of all of the decisions of the Supreme Court as are available, so as to make up 15 complete sets of the Virginia Reports for the justices' private offices, conference rooms and the Law Library.

1980, c. 615, § 17-111.6; 1984, c. 703; 1990, c. 739; 1998, c. 872 ; 2003, c. 141 .
Va. Code Ann. § 17.1-113 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-113
Places of holding courts; certain orders and decrees entered elsewhere
Status: in_force

Every circuit court for any county or city shall be held at the courthouse of such county or city, except when some other place is prescribed by law or lawfully appointed. However, the judge of the circuit court of any county or city may enter any order or decree at his home or office or elsewhere within his circuit.

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, § 5964, § 17-14; 1940, p. 325; 1998, c. 872 ; 2005, c. 389 .
Va. Code Ann. § 17.1-263 — Virginia Code / Title 17.1 / Chapter 2 / Article 6 / Section 17.1-263
World War I Memorial Record
Status: in_force

Each circuit court clerk shall maintain a loose-leaf binder suitable for permanent record purposes of such standard form as was prescribed by the Virginia World War I History Commission, and sufficient loose leaves printed in such blank form as was prescribed by such commission, known as the "World War I Memorial Record," which shall be a public record book of the clerk's office. The clerk shall record therein the honorable discharges.

If the clerk has recorded the honorable discharges in any other book prior to receipt of the special books, such prior recordations are hereby validated and approved. Recordations and certified copies thereof heretofore or hereafter furnished shall have the same force and effect as those provided by § 17.1-262 and whenever the World War I History Commission shall have approved the form of the record book so previously in use, it shall be optional with the clerk to continue the use of such record book.

1924, p. 471, § 17-87; Michie Code 1942, § 5214c; 1998, c. 872 .
Va. Code Ann. § 17.1-506 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-506
Judicial circuits
Status: in_force

1. The City of Chesapeake shall constitute the first circuit.

2. The City of Virginia Beach and the Counties of Accomack and Northampton shall constitute the second circuit.

3. The City of Portsmouth shall constitute the third circuit.

4. The City of Norfolk shall constitute the fourth circuit.

5. The Cities of Franklin and Suffolk and the Counties of Isle of Wight and Southampton shall constitute the fifth circuit.

6. The Cities of Emporia and Hopewell and the Counties of Brunswick, Greensville, Prince George, Surry and Sussex shall constitute the sixth circuit.

7. The City of Newport News shall constitute the seventh circuit.

8. The City of Hampton shall constitute the eighth circuit.

9. The Cities of Poquoson and Williamsburg and the Counties of Charles City, Gloucester, James City, King and Queen, King William, Mathews, Middlesex, New Kent and York shall constitute the ninth circuit.

10. The Counties of Appomattox, Buckingham, Charlotte, Cumberland, Halifax, Lunenburg, Mecklenburg and Prince Edward shall constitute the tenth circuit.

11. The City of Petersburg and the Counties of Amelia, Dinwiddie, Nottoway and Powhatan shall constitute the eleventh circuit.

12. The City of Colonial Heights and the County of Chesterfield shall constitute the twelfth circuit.

13. The City of Richmond shall constitute the thirteenth circuit.

14. The County of Henrico shall constitute the fourteenth circuit.

15. The City of Fredericksburg and the Counties of Caroline, Essex, Hanover, King George, Lancaster, Northumberland, Richmond, Spotsylvania, Stafford and Westmoreland shall constitute the fifteenth circuit.

16. The City of Charlottesville and the Counties of Albemarle, Culpeper, Fluvanna, Goochland, Greene, Louisa, Madison and Orange shall constitute the sixteenth circuit.

17. The County of Arlington and the City of Falls Church shall constitute the seventeenth circuit.

18. The City of Alexandria shall constitute the eighteenth circuit.

19. The City of Fairfax and the County of Fairfax shall constitute the nineteenth circuit.

20. The Counties of Fauquier, Loudoun and Rappahannock shall constitute the twentieth circuit.

21. The City of Martinsville and the Counties of Henry and Patrick shall constitute the twenty-first circuit.

22. The City of Danville and the Counties of Franklin and Pittsylvania shall constitute the twenty-second circuit.

23. The Cities of Roanoke and Salem and the County of Roanoke shall constitute the twenty-third circuit.

24. The City of Lynchburg and the Counties of Amherst, Bedford, Campbell and Nelson shall constitute the twenty-fourth circuit.

25. The Cities of Buena Vista, Covington, Lexington, Staunton and Waynesboro and the Counties of Alleghany, Augusta, Bath, Botetourt, Craig, Highland and Rockbridge shall constitute the twenty-fifth circuit.

26. The Cities of Harrisonburg and Winchester and the Counties of Clarke, Frederick, Page, Rockingham, Shenandoah and Warren shall constitute the twenty-sixth circuit.

27. The Cities of Galax and Radford and the Counties of Bland, Carroll, Floyd, Giles, Grayson, Montgomery, Pulaski and Wythe shall constitute the twenty-seventh circuit.

28. The City of Bristol and the Counties of Smyth and Washington shall constitute the twenty-eighth circuit.

29. The Counties of Buchanan, Dickenson, Russell and Tazewell shall constitute the twenty-ninth circuit.

30. The City of Norton and the Counties of Lee, Scott and Wise shall constitute the thirtieth circuit.

31. The Cities of Manassas and Manassas Park and the County of Prince William shall constitute the thirty-first circuit.

1973, c. 544, § 17-119.1:1; 1974, c. 297; 1976, c. 126; 1977, c. 4; 1983, c. 149; 1986, c. 405; 1987, c. 624; 1991, c. 189; 1998, c. 872 ; 2006, c. 861 ; 2016, cc. 164 , 312 .
Va. Code Ann. § 17.1-704 — Virginia Code / Title 17.1 / Chapter 7 / Article 1 / Section 17.1-704
Expenses; Secretary and assistants; printing
Status: in_force

Each member of the Council shall serve without compensation, and each member of the Council and of its committees summoned and attending its meetings shall be reimbursed for all reasonable and necessary expenses in the performance of his duties as provided in §§ 2.2-2813 and 2.2-2825 . Funding for the costs of expenses of the members shall be paid by the Virginia Supreme Court. As provided by § 17.1-315 the Executive Secretary of the Supreme Court shall be the Secretary of the Judicial Council. The Council may engage such consultants or other assistants as it deems necessary for the performance of its duties.

1930, p. 789, § 17-226; Michie Code 1942, § 6571i; 1964, c. 9; 1968, c. 387; 1973, c. 544; 1998, c. 872 ; 2004, c. 1000 .
Va. Code Ann. § 17.1-306 — Virginia Code / Title 17.1 / Chapter 3 / Article 1 / Section 17.1-306
What may be tried at special session; effect of decisions
Status: in_force

At any such special session, the Supreme Court, by consent of the parties or their counsel, may hear and determine any cause then ready for a hearing, or, without such consent, upon twenty days' previous notice in writing, given by a party desiring a hearing to the adverse party, of his intention to insist on the same. The Court, at such special session, shall, after notice to the parties or their counsel from the clerk of the Court, hear any cause which, in its opinion, the public interest requires to be heard and determined. Any judgment, decree or order entered or made at such special session shall have the same effect and may be reviewed and reheard in like manner and subject to the same rules as a judgment, decree or order entered or made at a regular session.

Code 1919, § 5886, § 17-102; 1971, Ex. Sess., c. 51; 1998, c. 872 .
Va. Code Ann. § 17.1-252 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-252
Indexing by tax map reference number
Status: in_force

Circuit court clerks in those localities with a unique parcel identification system shall require that any deed or other instrument conveying or relating to an interest in real property bear, on the first page of the deed or other instrument, or state in the cover sheet submitted with the deed or other instrument, the tax map reference number or numbers, or the parcel identification number (PIN) or numbers, of the affected parcel or parcels. Upon admitting the deed or other instrument to record, the clerk may, in addition to any other indexing required by law, index the deed or other instrument by the tax map reference number or numbers or by the parcel identification number or numbers.

1982, c. 597, § 17-79.3; 1986, c. 21; 1988, c. 116; 1992, c. 478; 1996, c. 231 ; 1997, cc. 224 , 902 ; 1998, cc. 75 , 872 ; 1999, cc. 133 , 163 ; 2000, cc. 440 , 446 ; 2014, c. 338 .
Va. Code Ann. § 17.1-128 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-128
Recording evidence and incidents of trial in certain civil cases and cost thereof; cost of transcripts; preservation of original notes or records; certified transcript prima facie correct
Status: in_force

In all civil cases, the court or judge trying the case may by order entered of record provide for the recording verbatim of the evidence and incidents of trial either by a court reporter or by mechanical or electronic devices approved by the court. The expense of reporting and recording the trial of a civil case shall be paid by the litigants in the manner and in the proportion as the court may in its discretion direct. A transcript of the record, when required by any party, shall be paid for by such party. The court on appeal may provide that such cost may, in civil cases, be reimbursed to the party prevailing. The court shall not allow a defendant convicted of a crime from which the civil matter arose to recover such cost from the victim, as defined in § 19.2-11.01 , of such crime. The failure to secure the services of a reporter, or the failure to have the case reported or recorded for any other reason, shall not affect the proceeding or trial. The reporter or other individual designated to report and record the trial shall preserve the original shorthand notes or other original records for not less than five years. The transcript in any case certified by the reporter or other individual designated to report and record the trial shall be deemed prima facie a correct statement of the evidence and incidents of trial.

The administration of this section shall be under the direction of the Supreme Court of Virginia.

1952, c. 642, § 17-30.1; 1956, c. 699; 1962, c. 419; 1964, c. 533; 1968, c. 358; 1975, c. 640; 1984, c. 752; 1994, c. 496 ; 1998, c. 872 ; 2022, c. 279 .
Va. Code Ann. § 17.1-120 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-120
Adjournment from day to day; effect of failure to sit on day to which adjourned
Status: in_force

After a court is opened it shall, during the term, adjourn from day to day, unless the court shall order otherwise, and if it fails to sit on any day to which it is adjourned it may nevertheless sit on any subsequent day of the term.

Code 1919, § 5970, § 17-23; 1944, p. 399; 1998, c. 872 .
Va. Code Ann. § 17.1-803 — Virginia Code / Title 17.1 / Chapter 8 / Section 17.1-803
Powers and duties
Status: in_force

The Commission shall:

1. Develop, maintain and modify as may be deemed necessary, a proposed system of statewide discretionary sentencing guidelines for use in all felony cases which will take into account historical data, when available, concerning time actually served for various felony offenses committed prior to January 1, 1995, and sentences imposed for various felony offenses committed on or after January 1, 1995, and such other factors as may be deemed relevant to sentencing.

2. Prepare, periodically update, and distribute sentencing worksheets for the use of sentencing courts which, when used, will produce a recommended sentencing range for a felony offense in accordance with the discretionary sentencing guidelines established pursuant to subdivision 1.

3. Prepare, periodically update, and distribute a form for the use of sentencing courts which will assist such courts in recording the reason or reasons for any sentence imposed in a felony case which is greater or less than the sentence recommended by the discretionary sentencing guidelines.

4. Prepare guidelines for sentencing courts to use in determining appropriate candidates for alternative sanctions which may include, but not be limited to (i) fines and day fines, (ii) boot camp incarceration, (iii) local correctional facility incarceration, (iv) diversion center incarceration, (v) detention center incarceration, (vi) home incarceration/electronic monitoring, (vii) day or evening reporting, (viii) probation supervision, (ix) intensive probation supervision, and (x) performance of community service.

5. Develop an offender risk assessment instrument for use in all felony cases, based on a study of Virginia felons, that will be predictive of the relative risk that a felon will become a threat to public safety.

6. Apply the risk assessment instrument to offenders convicted of any felony that is not specified in (i) subdivision 1, 2 or 3 of subsection A of § 17.1-805 or (ii) subsection C of § 17.1-805 under the discretionary sentencing guidelines, and shall determine, on the basis of such assessment and with due regard for public safety needs, the feasibility of achieving the goal of placing 25 percent of such offenders in one of the alternative sanctions listed in subdivision 4. If the Commission so determines that achieving the 25 percent or a higher percentage goal is feasible, it shall incorporate such goal into the discretionary sentencing guidelines, to become effective on January 1, 1996. If the Commission so determines that achieving the goal is not feasible, the Commission shall report that determination to the General Assembly, the Governor and the Chief Justice of the Supreme Court of Virginia on or before December 1, 1995, and shall make such recommendations as it deems appropriate.

7. Prepare, periodically update, and distribute a form for recording the reasons for, and outcomes of, revocation hearings conducted in circuit courts pursuant to § 19.2-306 .

8. Develop, maintain, and modify as may be deemed necessary a system of statewide discretionary sentencing guidelines for use in hearings conducted in circuit courts pursuant to § 19.2-306 in which the defendant is cited for violation of a condition or conditions of supervised probation imposed as a result of a felony conviction. Such guidelines shall take into account historical data for sentences imposed in such cases and such other factors as may be deemed relevant to sentencing.

9. Monitor sentencing practices in felony cases throughout the Commonwealth, including the use of the discretionary sentencing guidelines, and maintain a database containing the information obtained.

10. Monitor felony sentence lengths, crime trends, correctional facility population trends and correctional resources and make recommendations regarding projected correctional facilities capacity requirements and related correctional resource needs.

11. Study felony statutes in the context of judge-sentencing and jury-sentencing patterns as they evolve after January 1, 1995, and make recommendations for the revision of general criminal offense statutes to provide more specific offense definitions and more narrowly prescribed ranges of punishment.

12. Report upon its work and recommendations annually on or before December 1 to the General Assembly, the Governor and the Chief Justice of the Supreme Court of Virginia. Such report shall include any modifications to the discretionary sentencing guidelines adopted by the Commission pursuant to subdivision 1 and shall be accompanied by a statement of the reasons for those modifications.

13. Perform such other functions as may be otherwise required by law or as may be necessary to carry out the provisions of this chapter.

1994, 2nd Sp. Sess., cc. 1 , 2 , § 17-235; 1998, c. 872 ; 2003, c. 139 ; 2022, cc. 569 , 570 .
Va. Code Ann. § 17.1-705.1 — Virginia Code / Title 17.1 / Chapter 7 / Article 1 / Section 17.1-705.1
Civil immunity for investigation of commissioners of accounts, etc
Status: in_force

All members of the Standing Committee on Commissioners of Accounts of the Judicial Council of Virginia shall be immune from civil liability for, or resulting from, any act, decision, omission, communication, finding, opinion or conclusion done or made in connection with the investigation of complaints against any commissioner of accounts, assistant commissioner of accounts or deputy commissioner of accounts, if such act, decision, omission, communication, finding, opinion or conclusion is done in good faith and without malicious intent.

2004, c. 976 .
Va. Code Ann. § 17.1-119 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-119
Courts may adjourn for a period not exceeding thirty days
Status: in_force

Any court of record may at any term, whether regular or special, adjourn from time to time for a period not exceeding thirty days until the business before it is dispatched, or until the end of its term. The judge of the court shall, during the period of such adjournment, have the power and authority to hold regular or special terms at any other place as if there had been a final adjournment of such term.

Code 1919, § 5959, § 17-21; 1998, c. 872 .
Va. Code Ann. § 17.1-613 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-613
By whom and upon what certificate allowances to witnesses paid
Status: in_force

The sum to which a witness is entitled shall be paid out of the state treasury in any case of attendance before either house or a committee of the General Assembly and in any other case in which the attendance is for the Commonwealth except when it is otherwise specially provided. In all other cases it shall be paid by the party for whom the summons issued. The payment shall be on a certificate of the person required by § 17.1-612 to make the entry or the clerk of the court in whose minutes the entry is made. The certificate shall express by letters and not by figures the separate amount to which the witness is entitled for his attendance, traveling, and tolls which he may have to pay and the aggregate thereof. No clerk or other person authorized to make such entry or give such certificate shall become interested by purchase in any claim payable out of the state treasury which by law he is authorized to certify.

Code 1950, § 14-188; 1964, c. 386, § 14.1-191; 1998, c. 872 .
Va. Code Ann. § 17.1-222.1 — Virginia Code / Title 17.1 / Chapter 2 / Article 2 / Section 17.1-222.1
Collection of fees, etc., by court clerks in lieu of money
Status: in_force

A. The clerks of the several courts of the Commonwealth may, in lieu of money, collect or secure all fees, and fines and penalties collected for offenses committed against the Commonwealth or against any county, city or town, and for payment of spousal or child support, by any means provided in § 2.2-614.1 . Such clerks shall not by virtue of acceptance of any such payment be held to be guarantors of the payment thereof, but they shall exercise ordinary care in such acceptance.

B. If a clerk's office allows payment to occur via an already established online payment system for collection of court fines and fees or costs, it shall offer such payment method for all restitution payments. The provisions of this subsection shall not be construed to require a clerk's office to create an online payment system if one does not currently exist.

1977, c. 139, § 14.1-3.1; 1978, c. 117; 1998, c. 872 ; 2002, c. 719 ; 2026, c. 759 .
Va. Code Ann. § 17.1-268 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-268
Fee for effort to serve when person cannot be found
Status: in_force

Whenever a sheriff is required to serve a declaration in ejectment or an order, notice, summons or other process in a pending civil case and make return thereon and shall after due effort and without fault be unable to locate such person or make service of such process in some method provided by law, the sheriff shall be paid the same fee provided by law for serving an order, notice or other process and making return thereof, to be taxed as other costs. When service is required in a proceeding not pending in a court then the service shall be paid for by the party at whose instance it is had. No fee shall be paid unless the sheriff returns such paper unexecuted and makes and files therewith an affidavit setting forth the fact that he has made diligent effort to execute such paper and without avail.

Code 1950, § 14-107; 1964, c. 386, § 14.1-96; 1971, Ex. Sess., c. 155; 1998, c. 872 .
Va. Code Ann. § 17.1-626 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-626
Other items to be taxed in costs
Status: in_force

The clerk shall tax in the costs all taxes on process, and all fees of officers which the party appears to be chargeable with in the case wherein the recovery is, except that when in any court, on the same side, more than one copy of anything is obtained or taken out, there shall be taxed only the fee for one copy of the same thing. He shall also tax the costs of executing any order of publication made in the case for such party and of any advertisement from him in the case, made in pursuance of law, allowing the amount charged by the publisher, provided such publisher shall file with his certificate of publication or account a printed copy of his fixed rates of advertising, and his charge shall not exceed them, and the allowances to his witnesses, and every further sum which the court may deem reasonable and direct to be taxed for depositions taken out of the Commonwealth, or for any other matter.

Code 1950, § 14-195; 1964, c. 386, § 14.1-198; 1994, c. 432 ; 1998, c. 872 .
Va. Code Ann. § 17.1-415 — Virginia Code / Title 17.1 / Chapter 4 / Section 17.1-415
Compensation for judges; expenses
Status: in_force

The judges of the Court of Appeals shall receive from the Commonwealth an annual salary that shall be fixed in the general appropriations act and set at an amount equal to ninety-five percent of the annual salary fixed by law for justices of the Supreme Court. The Chief Judge of the Court of Appeals shall receive $3,000 per year in addition to the amount received by the other judges of the Court of Appeals. Each judge shall receive such amount as shall be fixed in the general appropriations act for all other expenses not otherwise reimbursed and incurred incident to the conduct of the business of the court.

1983, c. 413, § 17-116.012; 1998, c. 872 ; 2001, c. 35 ; 2006, c. 218 .
Va. Code Ann. § 17.1-627 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-627
Premium on indemnifying bond taxed as costs
Status: in_force

In case of any attachment or any levy pursuant to a judgment, where the attaching or judgment creditor is required to give bond to indemnify and save harmless the officer executing such attachment or levy, the clerk shall tax in the costs of the proceeding wherein such attachment is had or judgment is entered the reasonable cost of such bond, such costs to be recovered as provided in § 17.1-601 .

Code 1950, § 14-195.1; 1954, c. 470; 1964, c. 386, § 14.1-199; 1998, c. 872 .
Va. Code Ann. § 17.1-518 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-518
Special terms; when, how and by whom appointed
Status: in_force

If any term of a circuit court is to end, or has ended, without the dispatch of all its business or if there be a failure to hold any term or it is expedient in the opinion of the judge of the court to hold a special term for the trial of any cause pending in such court or of issues made up in any cause by consent of parties, or if the situation of a person confined in jail for trial in such circuit court makes it proper that his case should be disposed of before the next regular term thereof, or necessity in the judge's opinion requires it, the judge of such circuit court or, if he is dead or is unable from any cause to hold his court, the judge of any other circuit court who has been designated to hold such terms, may, by order entered in such court or by a warrant directed to the clerk, appoint a special term thereof and prescribe in such order or warrant whether any venire is to be summoned to attend the term. The clerk shall inform the attorney for the Commonwealth and the sheriff of such appointment, post a copy of the warrant or order at the front door of the courthouse and issue all proper process to such special term and the sheriff shall execute the process.

Code 1919, § 5894, § 17-129; 1973, c. 544; 1998, c. 872 .
Va. Code Ann. § 17.1-414 — Virginia Code / Title 17.1 / Chapter 4 / Section 17.1-414
Facilities and supplies
Status: in_force

A. The Court of Appeals shall be housed in the City of Richmond and, if practicable, in the same building occupied by the Supreme Court. When facilities are required for the convening of panels in other areas of the Commonwealth, the chief judge of the Court of Appeals shall provide for such physical facilities as are available for the operation of the Court of Appeals. The Court of Appeals may use any public property of, or any property leased or rented to, the Commonwealth or any of its political subdivisions for the holding of court and for its ancillary functions upon proper agreement with the applicable authorities. The Court of Appeals also may use any federal courtroom, the moot courtroom of any accredited law school located in the Commonwealth, or any other facility deemed adequate for the holding of court and for its ancillary functions upon proper agreement with the applicable authorities. Any expense incurred for use of such facilities may be paid from the funds appropriated by the General Assembly to the Court of Appeals.

B. The Court of Appeals shall purchase such books, pamphlets, publications, supplies, furnishings, and equipment as necessary for the efficient operation of the Court, and the cost thereof shall be paid by the clerk from the appropriation for the operation of the Court of Appeals.

C. The Court of Appeals shall utilize the State Law Library provided by § 42.1-60 .

1983, c. 413, § 17-116.011; 1984, c. 701; 1998, c. 872 ; 2020, cc. 67 , 197 .
Va. Code Ann. § 17.1-628 — Virginia Code / Title 17.1 / Chapter 6 / Section 17.1-628
Judgment or decree for costs on behalf of Commonwealth; costs to be paid into state treasury
Status: in_force

In a case wherein there is judgment or decree on behalf of the Commonwealth for costs, there shall be taxed in the costs the charge actually incurred to give any notice, although it be more than fifty cents; and the fees of attorneys and other officers for services, and allowances for attendance, as if such fees and allowances were payable out of the state treasury. What is so taxed for fees of, or allowance to, any person, shall be paid by the sheriff or officer who may receive such costs into the state treasury.

Code 1950, § 14-196; 1964, c. 386, § 14.1-200; 1998, c. 872 .
Va. Code Ann. § 17.1-521 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-521
Who to hold special term; powers
Status: in_force

Every such special term may be held by the judge of the circuit court or, if he is dead or absent or is so situated in respect to any cause pending in the court as in his opinion to make it improper for him to try it, by such other circuit or city judge as may be selected or designated in the manner prescribed by law. The judge so selected or designated shall hold the special term and part of its session may be held by one judge and part of it by another. A judge selected or designated to hold a special term shall have all the powers and is authorized to discharge all the duties of the judge of such circuit court.

Code 1919, § 5896, § 17-132; 1998, c. 872 .
Va. Code Ann. § 17.1-277 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-277
Repealed
Status: repealed

Repealed by Acts 2002, c. 831 , cl. 2, effective July 1, 2003.
Va. Code Ann. § 17.1-702 — Virginia Code / Title 17.1 / Chapter 7 / Article 1 / Section 17.1-702
Meetings of Council and committees
Status: in_force

The Chief Justice, or, in case of his inability to do so, one of the other justices of the Supreme Court, shall summon the Council to meet at Richmond during the month of October in each year, and at such other times and places as the Chief Justice, or such other justice, may designate. If any member, when so summoned, shall for any cause be unable to attend, he shall promptly notify the justice who issued the summons, of such fact, and such justice shall thereupon summon some other person possessing similar qualifications to attend and act in his stead.

Each member or other person, when so summoned, shall attend and remain throughout the proceedings of the Council, unless excused by the presiding officer, and shall advise as to any matters in respect to which, in his opinion, the administration of justice in the courts of this Commonwealth may be improved.

The Chief Justice or, in case of his inability to do so, one of the other justices of the Supreme Court, may summon the chairman or members of any committee to meet at such time and place as the Chief Justice, or such other justice, may designate.

1930, p. 789, § 17-224; Michie Code 1942, § 6571g; 1966, c. 23; 1968, c. 387; 1998, c. 872 .
Va. Code Ann. § 17.1-204 — Virginia Code / Title 17.1 / Chapter 2 / Article 1 / Section 17.1-204
Examination of office and accounts of clerk
Status: in_force

The books and accounts of the clerk of the Supreme Court shall be audited as determined necessary by the Auditor of Public Accounts, who shall make reports of his findings to the Governor and file a copy of such report with the Court within 30 days after the completion of any such audit.

Code 1919, § 3383, § 17-39; 1934, p. 427; 1938, p. 132; 1998, c. 872 ; 2018, cc. 57 , 307 .
Va. Code Ann. § 17.1-703 — Virginia Code / Title 17.1 / Chapter 7 / Article 1 / Section 17.1-703
Presiding officer; study of procedure
Status: in_force

The Chief Justice of the Supreme Court, or the other justice summoning the Council, shall be its presiding officer.

The Council shall, during each of its meetings, make a continuous study of the organization and the rules and methods of procedure and practice of the judicial system of the Commonwealth, the work accomplished and the results produced by the system and its various parts; and shall make studies of the need, or lack of need, of additional judges or justices of the Supreme Court of Virginia, the Court of Appeals of Virginia, and the circuit courts.

On the request of the presiding officer, the Attorney General shall attend the Council and confer with the members thereof, more particularly on the Commonwealth's business in the courts, and for the purpose of devising methods for the prevention of undue delay in the trial of such cases.

1930, p. 789, § 17-225; Michie Code 1942, § 6571h; 1968, c. 387; 1991, c. 406; 1995, c. 41 ; 1998, c. 872 .
Va. Code Ann. § 17.1-275.8 — Virginia Code / Title 17.1 / Chapter 2 / Article 7 / Section 17.1-275.8
Fixed drug misdemeanor fee
Status: in_force

In circuit court, upon conviction of any and each misdemeanor charge, whether or not originally charged as a felony, for a violation of any provision of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, or upon a deferred disposition of proceedings in the case of any and each misdemeanor charge, whether or not originally charged as a felony, deferred pursuant to the terms and conditions of § 18.2-251 , there shall be assessed as court costs a fee of $296.50, to be known as the fixed drug misdemeanor fee. 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 drug misdemeanor fee shall be apportioned, as provided by law, to the following funds in the fractional amounts designated:

1. Sentencing/supervision fee (General Fund) (.1264755);

2. Court Reporter Fund (.0168634);

3. Witness expenses/expert witness fee (General Fund) (.0067454);

4. Virginia Crime Victim-Witness Fund (.0101180);

5. Intensified Drug Enforcement Jurisdiction Fund (.0134907);

6. Criminal Injuries Compensation Fund (.0674536);

7. Commonwealth's Attorney Fund (state share) (.0252951);

8. Commonwealth's Attorney Fund (local share) (.0252951);

9. Regional Criminal Justice Academy Training Fund (.0033727);

10. Warrant fee, as prescribed by § 17.1-272 (.0404722);

11. Courthouse Construction/Maintenance Fund (.0067454);

12. Clerk of the circuit court (.0674536);

13. Forensic laboratory fee (General Fund) (.3372681); and

14. Drug Offender Assessment and Treatment Fund (.2529511).

2002, c. 831 ; 2003, c. 1039 ; 2004, c. 1004 ; 2011, c. 565 .
Va. Code Ann. § 17.1-705 — Virginia Code / Title 17.1 / Chapter 7 / Article 1 / Section 17.1-705
Report and recommendations
Status: in_force

A report of the proceedings of the Council shall be made to the General Assembly and to the Supreme Court, with such recommendations as may be agreed upon. However, this authority to make recommendations shall in no event be construed to establish rules for the judicial system of the Commonwealth.

1930, p. 789, § 17-227; Michie Code 1942, § 6571i; 1991, c. 406; 1998, c. 872 .
Va. Code Ann. § 17.1-235 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-235
Recordation of federal farm loan mortgages
Status: in_force

The clerks of the circuit courts shall keep a separate book, which shall be known as the federal farm loan mortgage book, in which shall be recorded mortgages executed to secure the payment of loans made by federal land banks under authority of the act of Congress, approved July 17, 1916, known as the Federal Farm Loan Act, which mortgages, when so recorded in such book shall be indexed in the proper general index book, as well as in the index to such farm loan mortgage book; provided that any such clerk instead of providing such separate book may immediately spread upon the book in which deeds are recorded in his office any and all proper mortgages or deeds of trust executed to secure such loans and all of such mortgages and deeds of trust shall be immediately spread upon such records when received, so that the original thereof may be returned to the federal land bank as soon as possible.

1918, p. 437, § 17-67; Michie Code 1942, § 3393b; 1998, c. 872 .
Va. Code Ann. § 17.1-400 — Virginia Code / Title 17.1 / Chapter 4 / Section 17.1-400
(Effective until September 1, 2026) Creation and organization; election and terms of judges; oath; vacancies; qualifications; incompatible activities prohibited; chief judge
Status: in_force

A. The Court of Appeals of Virginia is hereby established effective January 1, 1985. It shall consist of 17 judges who shall be elected for terms of eight years by the majority of the members elected to each house of the General Assembly. The General Assembly shall consider regional diversity in making its elections. Before entering upon the duties of the office, a judge of the Court of Appeals shall take the oath of office required by law. The oath shall be taken before a justice of the Supreme Court of Virginia or before any officer authorized by law to administer an oath. When any vacancy exists 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 regular session of the General Assembly. Whenever a vacancy occurs or exists in the office of a judge of the Court of Appeals while the General Assembly is in session, or when the term of office of a judge of the Court of Appeals will expire or the office will be vacant or 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.

All judges of the Court of Appeals shall be residents of the Commonwealth and shall, at least five years prior to the appointment or election, have been licensed to practice law in the Commonwealth. No judge of the Court of Appeals, during his continuance in office, shall engage in the practice of law within or without the Commonwealth or seek or accept any nonjudicial elective office, or hold any other office of public trust, or engage in any other incompatible activity.

B. The chief judge shall be elected by majority vote of the judges of the Court of Appeals to serve a term of four years.

C. If a judge of the Court of Appeals is absent or unable through sickness, disability, or any other reason to perform or discharge any official duty or function authorized or required by law, a (i) retired chief justice or retired justice of the Supreme Court of Virginia, (ii) retired chief judge or retired judge of the Court of Appeals of Virginia, or (iii) retired judge of a circuit court of Virginia, with his or her prior consent, may be appointed by the chief judge of the Court of Appeals, acting upon his own initiative or upon a personal request from the absent or disabled judge, to perform or discharge the official duties or functions of the absent or disabled judge until that judge shall again be able to attend his duties. The chief judge of the Court of Appeals shall be notified forthwith at the time any absent or disabled judge is able to return to his duties.

D. The chief judge of the Court of Appeals may, upon his own initiative, designate a (i) retired chief justice or retired justice of the Supreme Court of Virginia, (ii) retired chief judge or retired judge of the Court of Appeals of Virginia, or (iii) retired or active judge of a circuit court of Virginia, with the prior consent of such justice or judge, to perform or discharge the official duties or functions of a judge of the Court of Appeals if there is a need to do so due to congestion in the work of the court. Nothing in this subsection shall be construed to increase the number of judges of the Court of Appeals provided for in subsection A of this section.

E. Any retired chief justice, retired justice, retired chief judge or active or retired judge sitting on the Court of Appeals pursuant to subsection C or D shall receive from the state treasury actual expenses for the time he or she is actually engaged in holding court.

F. The powers and duties herein conferred or empowered upon the chief judge of the Court of Appeals may be exercised and performed by any judge or any committee of judges of the court designated by the chief judge for such purpose.

1983, c. 413, § 17-116.01; 1984, c. 701; 1987, c. 88; 1991, cc. 31, 442; 1998, c. 872 ; 2000, c. 8 ; 2004, c. 452 ; 2018, c. 578 ; 2021, Sp. Sess. I, c. 489 .
Va. Code Ann. § 17.1-322 — Virginia Code / Title 17.1 / Chapter 3 / Article 1 / Section 17.1-322
Duties
Status: in_force

The Reporter shall prepare and deliver from time to time to such printer as the Comptroller may direct manuscript reports of such decisions of the Court as the judges thereof shall direct, with an abstract of the points decided in each case and an index to the contents of the volume, a table of cases reported, a table of cases cited and a table of Virginia statutes cited and construed in the volume. The Reporter shall examine and correct the proof sheets thereof as they shall be furnished him by the printer.

Code 1919, §§ 5880, 5881, § 17-115; 1998, c. 872 .
Va. Code Ann. § 17.1-126 — Virginia Code / Title 17.1 / Chapter 1 / Section 17.1-126
Repealed
Status: repealed

Repealed by Acts 2001, c. 836 , cl. 2.
Va. Code Ann. § 17.1-228 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-228
Recording releases of deeds of trust, partial releases of deeds of trust, court ordered releases, or other liens or assignments in cities and counties using microfilm
Status: in_force

Notwithstanding any other provision of law, whenever the writings required by law to be recorded in the deed book in the office of the clerk of the circuit court of any city or county are recorded by a microphotographic process or by any other method or process which renders impractical or impossible the subsequent entering of marginal notations upon a recorded instrument, an appropriate certificate, certificate of satisfaction, certificate of partial satisfaction, certified copy of order, or other separate instrument setting forth the necessary information shall be recorded and indexed according to law.

When existing deed books in the office of the clerk of the circuit court of any county or city are to be microfilmed or digitally reproduced for security purposes, the clerk may provide that marginal notations to accomplish the release of deeds of trust or other liens shall not be made in such deed book so microfilmed or digitally reproduced.

1975, c. 469, § 17-60.1; 1978, c. 629; 1991, c. 414; 1998, c. 872 ; 2008, cc. 823 , 833 .
Va. Code Ann. § 17.1-200 — Virginia Code / Title 17.1 / Chapter 2 / Article 1 / Section 17.1-200
Clerk of Supreme Court; appointment; removal
Status: in_force

There shall be a clerk of the Supreme Court, who shall be appointed by and shall hold office at the pleasure of the Court. In addition to his regular duties as clerk, he shall perform such other duties and services as the Court may require, without additional compensation.

Code 1919, § 3378, § 17-33; 1934, p. 427; 1938, p. 131; 1998, c. 872 .
Va. Code Ann. § 17.1-522 — Virginia Code / Title 17.1 / Chapter 5 / Article 1 / Section 17.1-522
Adjournment of special term
Status: in_force

A special term may be adjourned from time to time during intervals between the regular terms, as necessary, for the dispatch of the business of the court.

Code 1919, § 5896, § 17-133; 1998, c. 872 .
Va. Code Ann. § 17.1-258.2 — Virginia Code / Title 17.1 / Chapter 2 / Article 4.1 / Section 17.1-258.2
Definition
Status: in_force

As used in this article, "electronic filing of documents" means the filing or recordation with a circuit court clerk of written information as defined in § 1-257 , for the purpose of creating an electronic record as defined in subdivision 7 of § 59.1-480 .

2005, c. 744 .
Va. Code Ann. § 17.1-258.1 — Virginia Code / Title 17.1 / Chapter 2 / Article 4 / Section 17.1-258.1
Repealed
Status: repealed

Repealed by Acts 2003, c. 127 , cl. 2.
Va. Code Ann. § 17.1-254 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-254
Validation of judgment records in office of clerk of Circuit Court of Norfolk
Status: in_force

The "General Index to Judgment Lien Docket and Execution Books" designated "A-D," "E-K," "L-R" and "S-Z," respectively, in the office of the clerk of the Circuit Court of the City of Norfolk is hereby validated, and is and shall be for all purposes whatever the legal record of judgments docketed as provided by law in the office of such clerk for the period beginning January 2, 1917.

1948, p. 59, § 17-83.1; 1998, c. 872 .
Va. Code Ann. § 17.1-1003 — Virginia Code / Title 17.1 / Chapter 10 / Section 17.1-1003
Comparable treatment of parties
Status: in_force

A. At any time during or following a legal proceeding, an attorney or a party is entitled to an itemized statement of the rates and charges for all services that have been or will be provided by a court reporter or court reporting services provider that is providing court reporting services to any party to the legal proceeding.

B. Upon request, a court reporter or court reporting services provider shall provide to the parties, if known, information on prices, terms, and conditions of court reporting services in sufficient time prior to the commencement of the legal proceeding to allow the parties the opportunity to effectively negotiate for any changes necessary to ensure that comparable terms and conditions are made available to all parties.

C. Upon request, a court reporter or court reporting services provider shall provide an itemized invoice of all rates and charges for court reporting services provided in the administrative body, court, or administrative tribunal in which the action upon which the legal proceeding is based is pending or scheduled to be heard.

2018, c. 783 .
Va. Code Ann. § 17.1-224 — Virginia Code / Title 17.1 / Chapter 2 / Article 3 / Section 17.1-224
Copy of illegible instrument used for making permanent record
Status: in_force

In offices of clerks of courts of record in which instruments are recorded by any photographic or electronic imaging process, the clerk may, in the event any such instrument is in such condition that a perfect and legible record cannot be produced by such process, make and certify a copy of such instrument, for which he shall be entitled to such fees as are prescribed by law for making and certifying copies of instruments, and use such copy for making permanent records of his office by such photographic or electronic imaging process. Such original instrument shall be preserved in the clerk's office, in the same manner as is prescribed by law for preserving wills.

1948, p. 776; Michie Suppl. 1948, § 3387b, § 17-59.1; 1998, c. 872 ; 2010, cc. 717 , 760 .