dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.9:1. Appointment, terms, etc., of substitute judges.
A. Substitute judges shall be appointed by the chief judge of the circuit court having jurisdiction within the district for a term of six years.

B. Each substitute judge shall be appointed to serve every general district court and every juvenile and domestic relations district court within the judicial district for which the appointment is made.

C. No person shall be appointed 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 substitute judge.

1973, c. 546; 1975, c. 334; 2004, c. 452; 2018, c. 578.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.9:2. Vacancies in office of judges; terms of successor judges; appointment while General Assembly not in session.
Whenever a vacancy occurs in the office of a full-time district court judge the successor shall be elected for a full term of six years and upon qualification shall enter at once upon the discharge of the duties of his office. But subject to the provisions of § 16.1-69.9:3, the judges of the circuit having jurisdiction over the district shall have the power while the General Assembly is not in session to fill pro tempore vacancies in the office of full-time district court judges. No person shall be appointed under this section until he has submitted his fingerprints to be used for the conduct of a national criminal history record search and a Virginia criminal history record 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 pro tempore judge. Appointment to every such vacancy shall be by commission to expire at the end of thirty days after the commencement of the next session of the General Assembly.

1973, c. 546; 1980, c. 194; 2001, c. 256; 2024, c. 723.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.9:3. Investigation and certification of necessity before vacancies filled.
When a vacancy occurs in the office of any judge of any district, the vacancy shall not be filled until, after investigation, the Committee on District Courts certifies that the filling of the vacancy is necessary. The Committee shall publish notice of such certification in a publication of general circulation among attorneys licensed to practice in the Commonwealth. No notice of retirement submitted under § 51.1-305 or § 51.1-307 shall be revoked after certification of the vacancy by the Committee. If the Committee certifies that the filling of the vacancy is not necessary, it shall direct the manner of distributing the work created by the vacancy, and the vacancy shall not be filled if not certified as necessary.

1973, c. 546; 1975, c. 101; 1999, c. 319; 2004, c. 331.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.9:4. Same; election of successor judges.
Whenever a vacancy occurs or exists in the office of a full-time district judge while the General Assembly is in session, or whenever the term of a full-time judge of a district court will expire or the office will be vacated at a date certain between the adjournment of the General Assembly and the commencement of the next session of the General Assembly, a successor judge may be elected at any time during a session preceding the date of such vacancy, by the vote of a majority of the members elected to each house of the General Assembly, for a full term of six years and, upon qualification, the successor judge shall enter at once upon the discharge of the duties of his office. However, such successor judge shall not enter upon the discharge of his duties prior to the commencement of his term of office. No person shall be elected or reelected to a subsequent term under this section until he has submitted to a criminal history record search and submitted to a search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse or neglect and reports of such searches have been received by the Chairmen of the House and Senate Committees for Courts of Justice. If the person has not met the requirement of filing in the preceding calendar year a disclosure form prescribed in § 2.2-3117 or 30-111, he shall also provide a written statement of economic interests on the disclosure form prescribed in § 2.2-3117 to the Chairmen of the House and Senate Committees for Courts of Justice.

1973, c. 546; 1993, c. 368; 2004, c. 452; 2018, c. 578.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 5 (COURTS OF LIMITED JURISDICTION)
§ 16.1-70. Repealed.
Repealed by Acts 2018, c. 164, cl. 2.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 5 (COURTS OF LIMITED JURISDICTION)
§ 16.1-75.1. Repealed.
Repealed by Acts 1973, c. 545.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-100. Additional executions; by whom issued.
Subject to the limitations prescribed in Chapter 17 (§ 8.01-426 et seq.) of Title 8.01, additional executions may be issued as provided in § 8.01-475. Such executions shall be issued by the judge or clerk of the general district court and shall be returned to the court in which such papers are held on the return day of the execution.

1956, c. 555; 1983, c. 499.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-101. Proceedings against officer failing to make or making improper return.
If an officer fail to make due return of any execution issued from a court not of record, he may, on motion of the plaintiff and after ten days' notice, be fined from time to time by the judge of such court in an amount not less than five nor more than twenty dollars for each offense. And if an officer make such return upon an execution issued from a court not of record as would, on a motion against the officer, authorize judgment to be entered against him for all or any part of the amount of such execution if the execution had issued from a court of record, the creditor on whose behalf such execution issued, or his personal representative, may, on a motion before the judge of such court after like notice obtain such judgment against the officer, his sureties and others as could be given by a court of record if the execution had issued therefrom. Section 16.1-106 with respect to appeals in civil actions shall apply to such judgment. Notwithstanding the provisions of this section any such officer may be proceeded against as provided in Chapter 16 (§ 15.2-1600 et seq.) of Title 15.2, or a motion for judgment may be brought as authorized in § 8.01-227.

1956, c. 555.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-102. Officers and sureties liable for money collected after return day.
If, after the return day of an execution issued on a judgment rendered by a court not of record, an officer shall collect money or take possession of property under such execution, he and his sureties shall be liable for such money or property in like manner as if it had been collected or taken before the return day.

1956, c. 555.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-103. Proceedings by interrogatories.
Whenever a fieri facias has been issued upon a judgment rendered in a general district court the judge or clerk of the court may issue the summons provided for in § 8.01-506. In such case the judge of the general district court shall have all of the powers and authority respecting interrogatories conferred by §§ 8.01-506 to 8.01-510 upon any court or judge mentioned therein. The commissioner before whom any person is required to appear by such summons shall have the same powers and authority as if such summons had been issued under § 8.01-506. All interrogatories, answers, reports and other proceedings under such summons, and also all money, evidences of indebtedness and other security in the hands of an officer which are directed by any section of Chapter 18 (§ 8.01-466 et seq.) of Title 8.01 to be returned or delivered to such court or judge, or to the clerk's office of such court, shall, when the summons was issued by a judge of a general district court be returned or delivered in like manner to the court from which the summons issued.

From any order of the judge of the general district court which involves the disposition of any money or property exceeding the sum of fifty dollars in value, exclusive of interest, there shall be an appeal in the same manner and upon the same conditions as in appeals from judgments rendered in civil matters in general district courts.

1956, c. 555; 1978, c. 66; 1983, c. 499.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-104. Repealed.
Repealed by Acts 1983, c. 499.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-105. Attachments.
The proceedings on any attachment brought in a court not of record shall conform to the provisions of Chapter 20 (§ 8.01-533 et seq.) of Title 8.01, but if an attachment is returned executed and the defendant has not been served with a copy thereof, and the amount claimed in the attachment does not exceed $500, exclusive of interest and any attorney's fees contracted for in the instrument, the judge or clerk of the court, upon affidavit in conformity with §§ 8.01-316 and 8.01-317, shall forthwith cause a copy of the attachment to be posted at the front door of the courthouse of the county or the front door of the courtroom of the city or town wherein the attachment was issued, and shall file a certificate of the fact with the papers in the case, and, in addition to such posting, the plaintiff in the attachment or his attorney shall give to the judge or his clerk the last known address or place of abode of the defendant, verified by affidavit, and the judge or clerk shall forthwith mail a copy of the attachment to the defendant at his last known address or place of abode, or if the defendant be a corporation, at its last known address. The mailing of the copy as herein required shall be certified by the judge or clerk in writing, and such certification shall be filed with the papers in the case. Fifteen days after the copy of the attachment has been posted and a copy thereof mailed as herein required, the court may hear and decide the attachment. If the amount claimed in the attachment is more than $500, exclusive of interest and any attorney's fees contracted for in the instrument, an order of publication shall be entered and published and other proceedings had in accordance with the provisions of §§ 8.01-316, 8.01-317, 8.01-318, and 8.01-320. Personal service on a nonresident defendant out of this Commonwealth as provided in § 8.01-320 shall have the same effect, and no other, as an order of publication duly executed or the posting and mailing of a copy of the attachment as provided herein.

If any such attachment is levied on real estate, the court shall not take cognizance of the case, but the same shall be forthwith removed to a court of record having jurisdiction of other actions removed therefrom, to be further proceeded with in such court of record as if the attachment had originated therein.

1956, c. 555; 2010, c. 343.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-106. Appeals from courts not of record in civil cases.
A. From any order entered or judgment rendered in a court not of record in a civil case in which the matter in controversy is of greater value than $20, exclusive of interest, any attorney fees contracted for in the instrument, and costs, or when the case involves the constitutionality or validity of a statute of the Commonwealth, or of an ordinance or bylaw of a municipal corporation, or of the enforcement of rights and privileges conferred by the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), or of a protective order pursuant to § 19.2-152.10, or of an action filed by a condominium unit owners' association or unit owner pursuant to § 55.1-1959, or of an action filed by a property owners' association or lot owner pursuant to § 55.1-1819, or from any order entered or judgment rendered in a general district court that alters, amends, overturns, or vacates any prior final order, there shall be an appeal of right, if taken within 10 days after such order or judgment, to a court of record. Such appeal shall be to a court of record having jurisdiction within the territory of the court from which the appeal is taken and shall be heard de novo.

B. If any party timely notices an appeal as provided by subsection A, such notice of appeal shall be deemed a timely notice of appeal by any other party on a final order or judgment entered in the same or a related action arising from the same conduct, transaction, or occurrence as the underlying action; however, all parties will be required to timely perfect their own respective appeals by giving a bond and the writ tax and costs, if any, in accordance with § 16.1-107.

If an appeal is noted and perfected after the sheriff has served the notice of intent to execute a writ of eviction, which is required to be served at least 72 hours before such eviction in accordance with law, the party noting or noting and perfecting such appeal shall notify the sheriff of such appeal.

C. The court from which an appeal is sought may refuse to suspend the execution of a judgment that refuses, grants, modifies, or dissolves an injunction in a case brought pursuant to § 2.2-3713 of the Virginia Freedom of Information Act. A protective order issued pursuant to § 19.2-152.10, including a protective order required by § 18.2-60.4, shall remain in effect upon petition for or the pendency of an appeal or writ of error unless ordered suspended by the judge of a circuit court or so directed in a writ of supersedeas by the Court of Appeals or the Supreme Court.

1956, c. 555; 1977, c. 624; 1990, c. 217; 1997, c. 831; 2009, c. 729; 2013, cc. 73, 97; 2014, c. 784; 2015, c. 714; 2020, cc. 1048, 1049.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-108. Deposit of money in lieu of bond.
In lieu of giving bond with surety as provided in this article, any party appealing from the judgment or order of the court may deposit with the judge or clerk thereof, who shall issue his official receipt therefor, such sum of money as the judge or clerk may estimate to be sufficient to discharge any judgment or order which may be entered by the court of record on the trial of the appeal to secure the appeal bond. The money so deposited shall be transmitted in cash, by check of the court, surety bond, or bank check, or by draft from the escrow account of the appealing party's attorney to the clerk of the court to which the appeal is taken, who shall likewise issue his official receipt therefor.

1956, c. 555; 1975, c. 227; 1988, c. 698; 2007, c. 131.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-109. Appellate court may require new or additional security.
A. The court to which the appeal is taken may on motion for good cause shown, after reasonable notice to the appellant, require the appellant to give new or additional security, and if such security be not given within the time prescribed by the appellate court the appeal shall be dismissed with costs, and the judgment or order of the court from which the appeal was taken shall remain in effect and the appellate court shall award execution thereon, with costs, against the appellant and his surety.

B. When a bond or other security is required by law to be posted or given in connection with an appeal or removal from a district court, and there is either (i) a defect in such bond or other security as a result of an error of the district court, or (ii) the district court erroneously failed to require the bond or other security, and the defect or failure is discovered prior to sending the case to the circuit court, the district court shall order that the appellant or applicant for removal cure such defect or failure within a period not longer than the initial period of time for posting the bond or giving the security. If the error or failure is discovered after the case has been sent to the circuit court, the circuit court shall return the case to the district court for the district court to order the appellant or applicant for removal to cure the defect or post the required bond or give the required security within a period of time not longer than the initial period of time for posting the bond or giving the security for removal. Failure to comply with such order shall result in the disallowance of the appeal or denial of the application for removal.

1956, c. 555; 2007, c. 464.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-110. Bankruptcy of appellant does not release surety.
No surety in any appeal bond given by the appellant shall be released by the appellant's being adjudicated a bankrupt at any time subsequent to the judgment rendered in the court not of record, but such surety shall be entitled to make any defense on the trial of the appeal that the appellant could have made, except the defense of bankruptcy.

1956, c. 555.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-111. Court to which appeal sent.
The party taking an appeal may, when there is more than one court having jurisdiction, direct to which of such courts the appeal shall be sent for trial, but in the absence of such directions the judge or clerk shall send the same to any court having jurisdiction.

1956, c. 555.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-112. All papers transmitted to appellate court; further proceedings.
The judge or clerk of any court from which an appeal is taken under this article shall promptly transmit to the clerk of the appellate court the case papers, which shall include the original warrant or warrants or other notices or pleadings with the judgment endorsed thereon, together with all pleadings, exhibits, and other papers filed in the trial of the case. The required bond, and, if applicable, the money deposited to secure such bond and the writ tax and costs paid pursuant to § 16.1-107 shall also be submitted, along with the fees for service of process of the notice of appeal in the circuit court. Upon receipt of the foregoing by the clerk of the appellate court, the case shall then be docketed, except that an appeal from an order of protection issued pursuant to § 19.2-152.10 shall be assigned a case number within two business days upon receipt of such appeal.

When such case has been docketed, the clerk of such appellate court shall by writing to be served, as provided in §§ 8.01-288, 8.01-293, 8.01-296, and 8.01-325, or by certified mail, with certified delivery receipt requested, notify the appellee, or by regular mail to his attorney, that such an appeal has been docketed in his office, provided that upon affidavit by the appellant or his agent in conformity with § 8.01-316 being filed with the clerk, the clerk shall post such notice at the front door of his courtroom and shall mail a copy thereof to the appellee at his last known address or place of abode or to his attorney, and he shall file a certificate of such posting and mailing with the papers in the case. No such appeal shall be heard unless it appears that the appellee or his attorney has had such notice, or that such certificate has been filed, 10 days before the date fixed for trial, or has in person or by attorney waived such notice.

If a party files an appeal of a district court order of protection entered pursuant to § 19.2-152.10, such notice of appeal shall be on a form prescribed by the Office of the Executive Secretary. The district court clerk shall contact the appellate court to determine whether the hearing on the appeal shall be set by the appellate court on (i) a date scheduled by the district court clerk with the court, (ii) on the next docket call date, or (iii) a date set for district court appeals. Once the hearing date is set and the appeal documents have been transmitted, the appellate court shall have the parties served with notice of the appeal stating the date and time of the hearing in accordance with subdivision 1 of § 8.01-296. No such hearing on the appeal shall be heard in the appellate court unless the appellee has been so served with such notice or notice has been waived by the non-moving party.

1956, c. 555; 1958, c. 211; 1972, c. 585; 1984, c. 108; 1988, c. 698; 2004, c. 366; 2016, c. 612; 2018, cc. 32, 134; 2019, c. 718; 2020, c. 905.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-113. How appeals tried.
Every such appeal shall be tried by the court in a summary way, or, if the amount in controversy exceeds fifty dollars, by a jury if either party requires it. All legal evidence produced by either party shall be heard, whether or not it was produced before the court from which the appeal is taken. If judgment is recovered by the appellee, execution shall issue against the principal and his surety, jointly or separately, for the amount of the judgment, including interests and costs, with damages on the aggregate at the rate of ten percent annually, from the date of that judgment until payment, and for the costs of the appeal; and the execution shall be endorsed "No security is to be taken." If the decision is reversed, the party substantially prevailing shall recover his costs and the order or judgment shall be made or given as ought to have been made or given by the judge of the court from which the appeal was taken. When the appeal is from an order or judgment under §§ 16.1-119 through 16.1-121, the court shall enter such judgment respecting the property, the expense of keeping it, and any injury done to it, as may be equitable among the parties.

1956, c. 555; 1980, c. 129; 1984, c. 38; 1988, c. 337.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-114. Repealed.
Repealed by Acts 1983, c. 499.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-114.1. Principles applicable in trial of appeals; defective or irregular warrants or motions.
Actions or proceedings appealed from district courts shall be tried according to the principles of law and equity, and when the same conflict the principles of equity shall prevail. No warrant, motion or other pleading shall be dismissed by reason of a mere defect, irregularity or omission in the proceedings in the district court, or in the form of any such pleading, when the same may be corrected by a proper order of the court of record. In any such case the court of record shall retain the same, with full power to direct all necessary amendments, to enter orders and direct proceedings to correct such defects, irregularities and omissions, to promote substantial justice to all parties, and to bring about a trial of the merits of the controversy. In any case where an appeal is taken by a defendant the circuit court may direct amendments to increase the amount of the claim above the jurisdictional amount set forth in § 16.1-77. This section shall be liberally construed, to the end that justice is not delayed or denied by reason of errors in the pleadings or in the form of the proceedings.

1986, c. 45; 1997, c. 753; 2007, c. 869.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-115. Repealed.
Repealed by Acts 1986, c. 45.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-116. Issuance of executions and abstracts and proceedings by interrogatories after papers returned to circuit court.
When a judgment has been rendered in a civil action in a general district court and the papers in the action have been returned to the clerk of the circuit court for filing and preserving, executions upon and abstracts of the judgment may be issued by the clerk of such circuit court within the periods permitted under § 8.01-251, provided that such judgment has been duly entered in the judgment lien docket book of such court. However, for a period of two years from the date of any such judgment, the judge or clerk of the general district court may also issue executions upon and abstracts of the judgment. In addition, proceedings by interrogatories may be had in the circuit court as if the judgment had been rendered by that court.

1956, c. 555; 1962, c. 444; 1983, c. 499.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-117. When papers in civil cases in certain municipal courts may be destroyed.
The clerk of any municipal court in which papers are filed and preserved under § 16.1-69.55 may destroy the files, papers and records connected with any civil case in such court, if:

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

(2) Judgment was entered in such case but the right to issue an execution or bring a scire facias or an action on such judgment is barred by § 8.01-251; and

(3) The destruction of such papers is authorized and directed by an order of the judge of the court in which they are filed and preserved, which order may refer to such papers by any one or more of the above classifications, or to any group or kind of cases embraced therein, without express reference to any particular case.

1956, c. 555.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-118. When papers in civil cases returned to courts of record may be destroyed.
The clerk of any court of record to whose office papers in civil cases in the district court have been returned for indexing and preserving under § 16.1-69.55 may destroy the files, papers and records connected with any such civil case, if:

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

(2) Judgment was entered in such case but twenty years have elapsed since entry of such judgment and a motion to extend the period for enforcement of judgment has not been brought prior to the expiration of twenty years from the date such judgment was entered; or

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

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

1956, c. 555; 1962, c. 444; 1972, c. 491; 1977, c. 169; 1982, c. 153.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-118.1. Destruction of papers in civil cases in certain district courts.
In Henrico County or Montgomery County, the clerk of any district court in which papers are filed and preserved under § 16.1-69.55 may destroy the files, papers and records connected with any civil case in such court, if:

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

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

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

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

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

1966, c. 404; 1973, c. 143; 1977, c. 169; 1982, c. 153; 2007, c. 813.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-119. Proceedings to try title to property levied on under distress or execution.
When an execution on a judgment of a general district court, or a warrant of distress, is levied on property, or when a lien is acquired on money or other personal estate by virtue of § 8.01-501 and some person other than the party against whom the process issued claims such property, money or other personal estate, or some part thereof, either the claimant, the officer having such process, or the party who had the same issued may apply to the general district court of the county or city wherein the property, money or other personal estate may be to try the claim of the party so claiming the same or some part thereof, provided that the property, money or other personal estate does not exceed the maximum jurisdictional limit of the court as provided in § 16.1-77 (1).

1956, c. 555; 1978, c. 42; 1986, c. 27.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-120. Summons in such case.
If the party making such application shall make and file an affidavit that to the best of his belief such property, money or other personal estate so claimed by such third party is not of greater value than the maximum jurisdictional limits of the court as provided by § 16.1-77 (1), the judge or clerk of the court shall issue a summons directed to the sheriff of his county or city, as the case may be, requiring him to summon both the creditor and the debtor to appear and show cause why such property, money or other personal estate, or any part thereof, should not be discharged from levy or lien of such execution or distress warrant. A copy of such summons shall be served upon the claimant of the property, money or other personal estate, unless the summons is sued out at his instance. The summons shall be made returnable not less than five days after date of its issuance, and if an earlier day shall have been fixed for the sale of the property, or for the return of any process subjecting such money or other personal estate to a final disposition, the judge shall make and endorse on the summons an order requiring the postponement of the sale, or the hearing to be had on such process, until after the return day of the summons.

1956, c. 555; 1978, c. 42; 1983, c. 616.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-121. Order after hearing.
After hearing the parties or such of them as may attend after being summoned, and such witnesses as may be introduced by either party, the judge shall order the officer, or the possessor of any money or other personal estate, to deliver the same to the claimant, if he be of opinion that the same belongs to the claimant; but if he be of opinion that the property, money or other personal estate, or any part thereof, belongs to the person against whom the execution or warrant of distress issued, he shall order the officer who levied on the same to sell the property so liable, to satisfy the execution or warrant of distress; or when there is money or other personal estate in the possession of a bailee or garnishee, he shall order the bailee or garnishee, as the case may be, to make delivery to the execution creditor of all such money or other personal estate so found to belong to the execution debtor, or so much thereof as may be necessary to satisfy the execution; and he may give such judgment respecting the property, the expense of keeping it, any injury done by it, and for the costs, as may be just and equitable among the parties.

1956, c. 555.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-122. Appeal.
If the property or money claimed in any such proceeding is more than $50 in value, an appeal of right may be had to the judgment or order of the court as provided in § 16.1-106.

1956, c. 555; 1978, c. 42; 1986, c. 25; 1998, cc. 482, 495; 2002, c. 645; 2007, c. 869.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-122.1. Small claims court; designated.
On or before July 1, 1999, each general district court shall establish, using existing facilities, a small claims division to be designated a small claims court.

Such courts shall not have jurisdiction over suits against the Commonwealth under the Virginia Tort Claims Act (§ 8.01-195.1 et seq.) or suits against any officer or employee of the Commonwealth for claims arising out of the performance of their official duties or responsibilities.

1988, c. 799; 1989, c. 451; 1990, c. 564; 1994, c. 576; 1995, c. 589; 1998, cc. 656, 779.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-122.2. Jurisdiction.
Notwithstanding any provision of law to the contrary, the small claims court shall have jurisdiction, concurrent with that of the general district court, over the civil action specified in § 16.1-77 (1) when the amount claimed does not exceed $5,000, exclusive of interest.

1988, c. 799; 2002, c. 704; 2006, c. 141.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-122.3. Actions; how commenced; notice; continuances; pleadings.
A. Actions in the small claims court shall be commenced by the filing of a small claims civil warrant by a plaintiff.

B. At the time of filing a small claims civil warrant, the plaintiff shall pay to the clerk a required fee, which will be taxed as costs in the case. The plaintiff may be afforded the opportunity to receive preprinted information promulgated by the Committee on District Courts explaining the small claims court, including but not limited to information on case preparation, courtroom procedures, methods of collection, removal rights and appeals. The plaintiff shall select a time for the hearing which shall be held at least five days after service of the warrant. Such time shall be subject to concurrence by the clerk's office. The chief judge may limit the number of cases any one person may set for trial on any one date.

C. Upon the filing of the small claims civil warrant in small claims court, the court shall cause notice of process to be served upon the defendant. Notice of process shall consist of a copy of the warrant and shall be served by the method used in general district court. If applicable, the defendant shall be served with a copy of the preprinted information identified in subsection B of this section attached to the copy of the civil warrant.

D. All forms required by this article shall be prescribed by the Supreme Court of Virginia.

E. The trial shall be conducted on the first return date. However, by consent of all parties or upon order of the court, the time for trial may be changed from the time set for the first return. A continuance shall be granted to either the plaintiff or defendant only upon good cause shown.

F. There shall be no pleadings in small claims court actions other than the warrant and answer, grounds of defense and counterclaims not to exceed $5,000.

1988, c. 799; 1990, c. 564; 2002, c. 704; 2006, c. 141.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-122.4. Representation and removal; rights of parties.
A. All parties shall be represented by themselves in actions before the small claims court except as follows:

1. A corporation, partnership, limited liability company, or other legal or commercial entity may be represented by an owner, a general partner, an officer, a member, or an employee of that corporation, partnership, limited liability company, or other legal or commercial entity who shall have all the rights and privileges given an individual to represent, plead, and try a case without an attorney. An attorney may serve in this capacity if he is appearing pro se, but he may not serve in a representative capacity.

2. A plaintiff or defendant who, in the judge's opinion, is unable to understand or participate on his own behalf in the hearing may be represented by a friend or relative if the representative is familiar with the facts of the case and is not an attorney.

B. A defendant shall have the right to remove the case to the general district court at any point preceding the handing down of the decision by the judge and may be represented by an attorney for that purpose.

1988, c. 799; 1997, c. 243; 2001, c. 74; 2024, c. 58.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-122.5. Informal hearings; rules of evidence suspended.
In trials before the small claims court, witnesses shall be sworn. The general district court judge shall conduct the trial in an informal manner so as to do substantial justice between the parties. The judge shall have the discretion to admit all evidence which may be of probative value although not in accordance with formal rules of practice, procedure, pleading or evidence, except that privileged communications shall not be admissible. The object of such trials shall be to determine the rights of the litigants on the merits and to dispense expeditious justice between the parties.

1988, c. 799.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-122.6. Judgment and collection.
The small claims court shall follow the procedures of the general district court in judgment and collection.

1988, c. 799.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-122.7. Appeals.
Appeals from the small claims court shall be as in other cases from the general district court.

1988, c. 799.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-76. Venue.
In all civil actions over which the general district courts have jurisdiction pursuant to § 16.1-77, venue shall be determined in accordance with the provisions of Chapter 5 (§ 8.01-257 et seq.) of Title 8.01.

1956, c. 555; 1977, c. 624; 1978, c. 421.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-77.1. When general district court may give judgment on forthcoming bond.
A general district court may, on motion, after 10 days' notice of the time and place thereof, give judgment on any forthcoming bond taken by a sheriff or other officer upon a fieri facias issued by such court.

Code 1950, § 8-457; 1977, c. 624; 1983, c. 616; 2007, c. 869.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-77.2. Jurisdiction of partition of personal property and proceedings therefor.
Every general district court shall have jurisdiction of proceedings for partition of personal property, within the limits as to value and in accordance with the provisions hereinafter contained.

When joint owners of personal property of the value of more than $20 but not more than maximum jurisdictional limits of the court as provided in § 16.1-77 (1) cannot agree upon a partition thereof, any party in interest may compel partition, the proceeding for which shall be commenced by a petition presented to a general district court as prescribed in subdivision 5 of § 8.01-262. A copy of the petition, together with a notice of the time and place the petitioner will ask for a hearing thereon, shall be served on each of the defendants at least 10 days prior to the day of hearing. The court shall hear and decide the matter without the appointment or use of commissioners.

Any party aggrieved by a final judgment rendered by the general district court in any such proceeding shall have an appeal of right to any circuit court of the county or city having jurisdiction of appeals from such general district court, to be perfected within the time, and in all other respects in accordance with the provisions of law concerning appeals from general district courts in other civil cases.

Code 1950, § 8-703; 1952, c. 252; 1972, c. 368; 1977, c. 624; 1983, c. 616; 2007, c. 869.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-78. Judgment by confession not affected.
None of the provisions of § 16.1-77 shall affect the right of any person to obtain judgment by confession in any court of record having jurisdiction thereof, or in the clerk's office of any such court, when such right exists under some other statute or act, on any claim for money, property or damages, regardless of the amount of such claim for money or damages or the value of such property.

1956, c. 555.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-79. Actions brought on warrant.
A civil action in a general district court may be brought by warrant directed to the sheriff or to any other person authorized to serve process in such county or city, requiring the person against whom the claim is asserted to appear before the court on a certain day, not exceeding 90 days from the date of service thereof, to answer the complaint of the plaintiff set out in the warrant. After the warrant has been issued and delivered for service it shall not be altered, nor any blank filled, except by order of the court.

1956, c. 555; 1991, c. 26; 2025, c. 349.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-79.1. Electronic filing of civil cases.
The general district courts shall accept case data in an electronic format for any civil action filed. The use of the electronic transfer shall be at the option of the plaintiff or the plaintiff's attorney, and if electronic transfer is utilized, the plaintiff or the plaintiff's attorney shall comply with the security and data configuration standards established by the Office of the Executive Secretary of the Supreme Court. If electronic transfer is utilized, the plaintiff or the plaintiff's attorney shall be responsible for filing with the clerk of the general district court the paper copies of any pleading for the proper processing of such civil actions as otherwise required by law, unless the plaintiff or the plaintiff's attorney has established at his expense a system for the filing of a pleading generated through the electronic transfer of data; such system has been authorized by, and meets the filing requirements of, the clerk; and the plaintiff or plaintiff's attorney transmits the process in an electronic format directly with the sheriff as otherwise provided by law. Notwithstanding any electronic transfer, the plaintiff shall remain responsible for payment of any required fees upon case initiation or filing and as otherwise required by law.

2010, cc. 550, 622; 2011, c. 766.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 6 (VENUE, JURISDICTION AND PROCEDURE IN CIVIL MATTERS)
§ 16.1-80. Service of warrant and return thereof.
The officer issuing a warrant shall deliver to the officer to whom it is directed, or to the plaintiff, for service, one or more original warrants and as many copies as there are defendants upon whom it is to be served. Service of the warrant shall be made as provided in Chapter 8 (§ 8.01-285 et seq.) of Title 8.01, but the warrant must be served not less than five days before the return day. Returns shall be made on the original, or on one or more of them if there be more than one issued, and shall show when, where, how and upon whom service was made. The warrant or warrants with the returns thereon shall be delivered to the court prior to the return day thereof, but if not so delivered may, in the discretion of the judge of the court, be delivered before the court convenes on the return day.

1956, c. 555.