dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 17.1 (Courts of Record), Chapter 4 (The Court of Appeals)
§ 17.1-406. Appeals in criminal matters; cases over which Court of Appeals does not have jurisdiction.
A. Any aggrieved party may appeal to the Court of Appeals from any final conviction in a circuit court of a traffic infraction or a crime. The Commonwealth or any county, city, or town may petition the Court of Appeals for an appeal pursuant to this subsection in any case in which such party previously could have petitioned the Supreme Court for a writ of error under § 19.2-317. The Commonwealth may also petition the Court of Appeals for an appeal in a criminal case pursuant to § 19.2-398.

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

1984, c. 701, § 17-116.05:1; 1985, c. 371; 1987, cc. 707, 710; 1988, c. 873; 1998, c. 872; 2007, c. 889; 2013, c. 746; 2019, c. 809; 2021, Sp. Sess. I, cc. 344, 345, 489; 2023, cc. 314, 315.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 4 (The Court of Appeals)
§ 17.1-407. Procedures on appeal.
A. The notice of appeal in all cases within the jurisdiction of the court shall be filed with the clerk of the trial court or the clerk of the Virginia Workers' Compensation Commission, as appropriate, and a copy of such notice shall be mailed or delivered to all opposing counsel and parties not represented by counsel and to the clerk of the Court of Appeals. The clerk shall endorse thereon the day and year he received it.

B. Appeals pursuant to § 17.1-405 and subsection A of § 17.1-406, other than petitions for appeal by the Commonwealth in criminal cases, are appeals of right. The clerk of the Court of Appeals shall refer each case for which a notice of appeal has been filed to a panel of the court as the court may direct.

C. Each petition for appeal by the Commonwealth in a criminal case shall be referred to one or more judges of the Court of Appeals as the court shall direct. A judge to whom the petition is referred may grant the petition on the basis of the record without the necessity of oral argument. The clerk shall refer each appeal for which a petition has been granted to a panel of the court as the court shall direct.

D. Before a petition for appeal by the Commonwealth is denied, counsel for the Commonwealth shall be entitled to state orally before a panel of the court the reasons why its appeal should be granted. If all of the judges of the panel to whom the petition is referred are of the opinion that the petition ought not be granted, the order denying the appeal shall state the reasons for the denial. Thereafter, no other petition in the matter shall be entertained in the Court of Appeals.

1984, c. 701, § 17-116.05:2; 1988, cc. 71, 479; 1998, c. 872; 2021, Sp. Sess. I, c. 489; 2025, cc. 367, 383.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 4 (The Court of Appeals)
§ 17.1-408. Time for filing; notice; opening brief; petition.
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.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 4 (The Court of Appeals)
§ 17.1-409. Certification to the Supreme Court.
A. In any case in which an appeal has been taken to or filed with the Court of Appeals, the Supreme Court in its discretion, on motion of the Court of Appeals, or on its own motion, may certify the case for review by the Supreme Court before it has been determined by the Court of Appeals. The effect of such certification shall be to transfer jurisdiction over the case to the Supreme Court for all purposes.

B. Such certification may be made only when, in its discretion, the Supreme Court determines that:

1. The case is of such imperative public importance as to justify the deviation from normal appellate practice and to require prompt decision in the Supreme Court; or

2. The docket or the status of the work of the Court of Appeals is such that the sound or expeditious administration of justice requires that jurisdiction over the case be transferred to the Supreme Court.

1983, c. 413, § 17-116.06; 1984, c. 701; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 4 (The Court of Appeals)
§ 17.1-410. Disposition of appeals; finality of decisions.
A. Each appeal of right taken to the Court of Appeals and each appeal for which a petition for appeal has been granted shall be considered by a panel of the court.

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

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

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

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

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

1983, c. 413, § 17-116.07; 1984, c. 701; 1987, c. 710; 1988, c. 873; 1998, c. 872; 2000, c. 830; 2019, c. 809; 2021, Sp. Sess. I, c. 489.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 4 (The Court of Appeals)
§ 17.1-411. Review by the Supreme Court.
Except where the decision of the Court of Appeals is made final under § 17.1-410 or § 19.2-408, any party aggrieved by a final decision of the Court of Appeals, including the Commonwealth, may petition the Supreme Court for an appeal. The Commonwealth, or any county, city, or town, may also petition the Supreme Court for review pursuant to § 19.2-317. The granting of such petitions shall be in the discretion of the Supreme Court.

1983, c. 413, § 17-116.08; 1997, c. 358; 1998, c. 872.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 4 (The Court of Appeals)
§ 17.1-412. Affirmance, reversal, or modification of judgment; petition for appeal to Supreme Court upon award of new trial.
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.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 4 (The Court of Appeals)
§ 17.1-413. Opinions; reporting, printing and electronic publication.
A. The Court of Appeals shall state in writing the reasons for its ruling in a case. Subject to rules promulgated under § 17.1-403 the Court in its discretion may render its decision by order or memorandum opinion. All orders and opinions of the Court of Appeals shall be preserved with the record of the case. Opinions designated by the Court of Appeals as having precedential value or as otherwise having significance for the law or legal system shall be expeditiously reported in separate Court of Appeals Reports in the same manner as the decisions and opinions of the Supreme Court. The clerk of the Court of Appeals shall retain in the clerk's office a list and brief summary of the case for all unpublished decisions and opinions of the Court of Appeals. The list of cases and summary shall be made available to any person upon request.

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

1983, c. 413, § 17-116.010; 1984, cc. 635, 701; 1997, c. 316; 1998, c. 872; 2021, Sp. Sess. I, c. 489.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 4 (The Court of Appeals)
§ 17.1-414. Facilities and supplies.
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.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 4 (The Court of Appeals)
§ 17.1-415. Compensation for judges; expenses.
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.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 4 (The Court of Appeals)
§ 17.1-416. Clerk; seal; deputies and other employees; clerk's fees.
There shall be a clerk of the Court of Appeals, who shall be appointed by and serve at the pleasure of the Court of Appeals. The clerk shall adopt a separate seal of office for the Court of Appeals as approved by the Court of Appeals. The number and salaries of the deputies and other employees necessary to perform the duties of the Court of Appeals shall be fixed by the Court of Appeals. The Supreme Court by rule of court may promulgate uniform fees for services rendered by the clerk.

1983, c. 413, § 17-116.013; 1988, c. 391; 1998, c. 872.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 4 (The Court of Appeals)
§ 17.1-417. Support staff.
Each judge of the Court of Appeals shall be entitled to the services of such support staff as shall be authorized by and paid from the appropriation to the Court of Appeals.

1983, c. 413, § 17-116.014; 1984, c. 701; 1998, c. 872; 2001, c. 35.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 4 (The Court of Appeals)
§ 17.1-418. Fees charged by Clerk of the Court of Appeals.
The Clerk of the Court of Appeals shall charge the following fees:

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

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

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

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

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

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

1992, c. 253, § 14.1-120.1; 1998, c. 872; 2006, cc. 623, 718.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-500. Establishment of circuit courts.
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.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-501. Judges of circuit courts; selection, powers and duties of chief judges; exercise of appointive powers.
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.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-503. Rules of practice and procedure; rules not to preclude judges from hearing certain cases.
A. The Supreme Court may formulate rules of practice and procedure for the circuit courts following consultation with the Chairmen of the House and Senate Committees for Courts of Justice and the executive committee of the Judicial Conference of Virginia for courts of record. Such rules, subject to the strict construction of the provisions of § 8.01-4, which shall be the only rules of practice and procedure in the circuit courts of the Commonwealth, shall be included in the Code of Virginia as provided in § 8.01-3, subject to revision by the General Assembly.

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

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

1973, c. 544, § 17-116.4; 1976, c. 212; 1998, c. 872; 2004, cc. 773, 1021; 2021, Sp. Sess. I, c. 489.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-504. Reserved.
Reserved.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-505. Circuit court of county to constitute circuit court of certain cities.
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.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-507. Maximum number of judges; residence requirement; compensation; powers; etc.
A. For the several judicial circuits there shall be judges, the maximum number as hereinafter set forth, who shall during their service reside within their respective circuits and whose compensation and powers shall be the same as now and hereafter prescribed for circuit judges.

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

First — 6

Second — 8

Third — 4

Fourth — 8

Fifth — 4

Sixth — 3

Seventh — 5

Eighth — 3

Ninth — 5

Tenth — 4

Eleventh — 3

Twelfth — 6

Thirteenth — 7

Fourteenth — 5

Fifteenth — 12

Sixteenth — 6

Seventeenth — 4

Eighteenth — 3

Nineteenth — 15

Twentieth — 5

Twenty-first — 3

Twenty-second — 4

Twenty-third — 5

Twenty-fourth — 6

Twenty-fifth — 7

Twenty-sixth — 8

Twenty-seventh — 6

Twenty-eighth — 4

Twenty-ninth — 5

Thirtieth — 4

Thirty-first — 7

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

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

1973, c. 544, § 17-119.1:2; 1974, cc. 42, 43; 1975, c. 40; 1977, c. 4; 1979, c. 6; 1980, c. 29; 1981, c. 27; 1982, c. 57; 1983, c. 2; 1985, c. 43; 1986, cc. 78, 479; 1989, c. 43; 1990, cc. 113, 114; 1991, cc. 20, 419, 623; 1992, c. 92; 1993, cc. 9, 89; 1994, cc. 89, 454; 1995, c. 20; 1996, c. 120; 1997, c. 17; 1998, cc. 3, 872; 1999, cc. 10, 319; 2000, c. 37; 2004, Sp. Sess. I, c. 4; 2005, cc. 190, 231, 951; 2006, cc. 35, 738; 2006, Sp. Sess. I, c. 2; 2013, c. 806; 2014, cc. 812, 822; 2018, cc. 126, 135; 2022, cc. 579, 580; 2024, cc. 525, 606.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-508. Judges in new or changed circuits; ratifying, validating and confirming certain actions.
In any case heretofore or hereafter arising in which a judge has been judge of a circuit created under § 17.1-506 as amended, and the counties and cities, or one or more of them, have been transferred to and constituted as part of a new judicial circuit and the remaining counties and cities constituted as a circuit, the judges of the respective circuits are hereby declared to be judges of said circuits in which they reside and their actions are hereby ratified, validated and confirmed.

1962, c. 3, § 17-119.2; 1978, c. 480; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-509. Vacancies in office of judge.
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.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-510. Election of judge of new circuit; how court held meanwhile.
If a new or additional circuit is created, a judge or judges shall be elected or appointed thereto in the same manner as provided by law for the filling of vacancies or newly created judgeships in existing circuits.

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

Code 1919, § 5889, § 17-121; 1920, p. 123; 1924, p. 310; 1944, p. 95; 1998, c. 872.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-511. Investigation and certification of necessity before vacancies filled.
When a vacancy occurs in the office of judge of any court of record, the vacancy shall not be filled until, after investigation, the Supreme Court certifies that the filling of the vacancy is or is not necessary. If the Court certifies that the filling of the vacancy is necessary, the Court shall publish notice of such certification in a publication of general circulation among attorneys licensed to practice in the Commonwealth. No notice of retirement submitted under § 51.1-305 or § 51.1-307 shall be revoked after certification of the vacancy by the Court. If the Court certifies that the filling of the vacancy is not necessary, it shall recommend to the General Assembly the manner of distributing the work of the judge; and the Governor shall not fill the vacancy.

1940, p. 178, § 17-122; Michie Code 1942, § 5889a; 1944, p. 96; 1962, c. 287; 1973, c. 544; 1998, c. 872; 1999, c. 319; 2004, c. 331.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-512. Election of successor judge before date of vacancy.
Whenever a vacancy occurs or exists in the office of a judge of a circuit while the General Assembly is in session, or whenever the term of office of a judge of a circuit court will expire or the office will be vacated at a date certain between the adjournment of the General Assembly and the commencement of the next session of the General Assembly, a successor judge may be elected at any time during a session preceding the date of such vacancy, by the vote of a majority of the members elected to each house of the General Assembly, for a term of eight years and upon qualification, the successor judge shall enter at once upon the discharge of the duties of his office. However, such successor judge shall not enter upon the discharge of his duties prior to the commencement of his term of office. No person shall be elected or reelected to a subsequent term under this section until he has submitted to a criminal history record search and submitted to a search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse or neglect and reports of such searches have been received by the Chairmen of the House and Senate Committees for Courts of Justice. No person with a criminal conviction for a felony shall be appointed as a judge. If the person has not met the requirement of filing in the preceding calendar year a disclosure form prescribed in § 2.2-3117 or 30-111, he shall also provide a written statement of economic interests on the disclosure form prescribed in § 2.2-3117 to the Chairmen of the House and Senate Committees for Courts of Justice.

1973, c. 544, § 17-122.1; 1993, c. 368; 1998, c. 872; 2004, c. 452; 2018, c. 578.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-513.01. Jurisdiction of circuit courts with respect to charitable assets.
A. The circuit courts shall have the same subject matter jurisdiction over matters pertaining to assets of charitable corporations, incorporated in or doing any business in Virginia, as the circuit courts have with respect to assets held by unincorporated charitable trusts and other charitable entities, including the power to require accountings, appoint receivers, award damages, and enter injunctive relief against such charitable corporations, their officers, directors, agents, employees and others as may be necessary to protect the public interest in such assets.

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

2002, c. 792; 2004, c. 289.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-513.1. Appeals from administrative proceedings; abuse and neglect; record to be sealed.
In cases appealed to the circuit court involving child abuse and neglect pursuant to § 63.2-1526, proceedings shall be confidential and the record in the case shall be sealed. However, the court may, for good cause shown, unseal the record.

2000, c. 478.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-513.2. Use of telephonic communication systems or electronic video and audio communication systems to conduct hearing.
Notwithstanding any other provision of law, in any civil proceeding in which a party or a witness is incarcerated or when otherwise authorized by the court, the court may, in its discretion, conduct any hearing using a telephonic communication system or an electronic audio and video communication system to provide for the appearance of any parties and witnesses. Any electronic audio and video communication system used to conduct such a hearing shall meet the standards set forth in subsection B of § 19.2-3.1.

2001, c. 513.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-514. When plaintiff entitled to less than $100; judgment for defendant.
In any personal action in a circuit court, wherein it is ascertained that less than $100, exclusive of interest, is due to the plaintiff, judgment shall be for the defendant, unless the court enter of record that the matter in controversy was of greater value than $100, exclusive of interest, in which case it may render judgment for the plaintiff for what is ascertained to be due him, with or without costs, in the court's discretion.

Code 1950, § 8-511.1; 1952, c. 248; 1977, c. 624, § 17-123.1; 1998, c. 872.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-515. Jurisdiction formerly in county courts.
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.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-515.1. Territorial jurisdiction of the Circuit Court for the City of Lynchburg.
The territorial jurisdiction of the Circuit Court for the City of Lynchburg shall extend to the corporate limits of the city and to a space of one mile without and around the city limits, except that the same shall not extend further into the County of Amherst than the corporate limits. Any judgment, order, or decree of the Circuit Court for the City of Lynchburg heretofore made in any case in which the court would have had jurisdiction had this section then been in operation shall have the same effect as if it had been at that time in force.

Code 1919, § 5904, § 17-125; 2018, c. 164.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-515.2. Repealed.
Repealed by Acts 2018, c. 164, cl. 2.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-515.3. Designation of courtrooms within twenty-first and twenty-third circuits for trial of certain cases.
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.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-515.4. Designation of certain courtrooms within sixteenth circuit for trial of certain cases.
When it appears to one or more of the judges of the sixteenth judicial circuit that such use is appropriate, the courthouse of the Circuit Court of Albemarle County may be used for the trial of civil or criminal cases whose venue is laid in the City of Charlottesville, or the courthouse of the Circuit Court of the City of Charlottesville may be used for the trial of civil or criminal cases whose venue is laid in the County of Albemarle; provided, that in criminal cases, jurors summoned to appear at any such courtroom shall reside in the vicinage of which the crime is laid.

1978, c. 61, § 17-126.4.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-515.5. Designation of certain courtrooms within twenty-fifth circuit for trial of certain cases.
When it appears to one or more of the judges of the twenty-fifth judicial circuit that such use is appropriate, the courthouse of the Circuit Court of Augusta County may be used for the trial of civil and criminal cases when venue is laid in the City of Staunton; or the courthouse of the Circuit Court of the City of Staunton may be used for the trial of civil or criminal cases when venue is laid in the County of Augusta. However, jurors summoned to appear in any such courtroom shall reside in the jurisdiction where the venue is laid.

1984, c. 86, § 17-126.5.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-515.6. Concurrent law-enforcement jurisdiction over Joint Judicial Center in Winchester.
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.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-515.7. Designation of certain courtrooms within twenty-fifth circuit for trial of certain cases.
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.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-516. Jurisdiction of courts over certain waters.
Where any river, watercourse, or bay lies between any counties or any cities, or any county and city in this Commonwealth, the circuit courts for the counties and the cities, on each side, respectively, shall have concurrent territorial jurisdiction over so much thereof as shall be opposite to such counties and cities. And the circuit courts for counties and cities lying on the waters bounding the Commonwealth shall have concurrent territorial jurisdiction respectively over such waters opposite such counties and cities, as far as the jurisdiction of this Commonwealth extends. This section shall not apply to the City of Richmond.

Code 1919, § 5958, § 17-1; 1948, p. 151; 1998, c. 872; 2005, cc. 45, 114.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-517. Number of terms; how fixed.
The chief judge of each circuit shall fix the terms of each of the courts within his circuit; provided, that there shall be at least four terms of court each year, and the dockets for criminal and civil cases may be called on the same or different days in any courtroom of the circuit. Such terms shall be fixed by order, which shall be entered in the common-law order book in each court. The order fixing or changing the terms of court shall be entered on or before January 1, to become effective July 1, and a copy of the order shall be forwarded to the Executive Secretary of the Supreme Court, who shall cause an abstract thereof to be published in the Code of Virginia, as a part of the Rules of Court.

1973, c. 544, § 17-127.21; 1976, c. 133; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-518. Special terms; when, how and by whom appointed.
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.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-519. Adjournment thereof to a future day.
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.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-520. What tried at a special term.
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.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-521. Who to hold special term; powers.
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.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-522. Adjournment of special term.
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.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-523. Salaries of judges of circuit courts.
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.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-524. Repealed.
Repealed by Acts 2009, c. 592.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 5 (CIRCUIT COURTS)
§ 17.1-525. Certain information to be made available to certain defendants found not guilty.
In any case in which a defendant is found not guilty of any offense after a trial in a circuit court at which evidence of the defendant's mental condition at the time of the alleged offense was introduced in accordance with § 19.2-271.6, the court shall make available to the defendant information provided by the community services board in accordance with § 37.2-513 regarding services provided by the community services board and how such services may be accessed.

2023, cc. 217, 218.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 6 (Costs Generally)
§ 17.1-600. Laws of costs not penal; discretion of courts of equity.
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.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 6 (Costs Generally)
§ 17.1-601. General rule as to recovery of costs on final judgment.
Except when it is otherwise provided, the party for whom final judgment is given in an action or motion shall recover his costs against the opposite party. When the action is against two or more and there is a judgment for, or discontinuance as to, some, but not all of the defendants, unless the court enter of record that there was reasonable cause for making defendants those for whom there is such judgment, or as to whom there is such discontinuance and shall order otherwise, they shall recover their costs.

Code 1950, § 14-175; 1964, c. 386, § 14.1-178; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 6 (Costs Generally)
§ 17.1-602. When successful plaintiff not to recover costs.
In any personal action not on contract, if a verdict is returned for the plaintiff, on an issue or otherwise, for less damages than ten dollars, he shall not recover in respect to such verdict any costs, unless the court enter of record that the object of the action was to try a right, besides the mere right to recover damages for the trespass or grievance in respect to which the action was brought, or that the trespass or grievance was willful or malicious.

Code 1950, § 14-176; 1964, c. 386, § 14.1-179; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 6 (Costs Generally)
§ 17.1-603. Costs when suit is in name of one person for another.
When a suit is in the name of one person for the benefit of any other, if judgment is entered for the defendant's costs, it shall be against such other.

Code 1950, § 14-177; 1964, c. 386, § 14.1-180; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 6 (Costs Generally)
§ 17.1-604. Costs in appellate courts.
In every case in the Supreme Court or the Court of Appeals, costs shall be recovered in such court by the party substantially prevailing.

Code 1950, § 14-178; 1964, c. 386, § 14.1-181; 1971, Ex. Sess., c. 156; 1988, c. 525; 1998, c. 872.