dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-209. Repealed.
Repealed by Acts 2012, c. 802, cl. 2.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-210. Removal of records or papers prohibited; exceptions.
None of the records or papers of a circuit court shall be removed by the clerk nor allowed by him to be removed out of the county or city wherein the clerk's office is kept, except: (i) on the order of the court or judge; (ii) the clerk, court or judge may allow the records and papers of a pending case to be removed by an attorney of record in that case to any location within the Commonwealth unless the court or judge shall enter an order prohibiting the removal of such records or paper; (iii) on an occasion of invasion or insurrection, when, in the opinion of the court, or, in a very sudden case, of the clerk, the same will be endangered, after which they shall be returned as soon as the danger ceases; and (iv) in such other cases as are specially provided for by law.

Code 1919, § 3387, § 17-45; 1973, c. 54; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-211. Maintenance and disposition of certain receipt books, cancelled checks and statements.
The clerk of each court of record shall maintain in his office all official receipt books showing receipt of any funds in his custody or that of the court, all canceled checks showing payments from any such funds, and all statements of bank accounts in which funds of the clerk's office or of the court are deposited. Such books, checks and statements shall be maintained until they have been audited by the Auditor of Public Accounts, and for a further period of three years, in the case of receipt books, canceled checks, and bank statements. Thereafter, the clerk may destroy such records in accordance with retention regulations for records maintained by the clerk established under the Virginia Public Records Act (§ 42.1-76 et seq.).

1962, c. 445, § 17-46.1; 1981, c. 637; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-212. Copying of records becoming illegible.
The judge or, if so designated by the judge, the clerk of each court of record, when satisfied that the records and papers in the office of the clerk of court are becoming illegible or are wearing out and is of the opinion that the same should be preserved, may order the records and papers copied or photographed or otherwise duplicated at the expense of the county or city in which the clerk's office is located.

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

1944, p. 195, § 17-47; Michie Suppl. 1946, § 3387a; 1997, c. 836; 1998, c. 872.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-214. Clerk to deliver or send process to sheriff.
The clerk of the circuit court from whose office may be issued any process, original, mesne or final, or any order or decree to be served on any person, shall, unless the party interested, or his attorney, direct otherwise, deliver the same to the sheriff of the county or city for which the court is held, if it is to be executed therein, and if it is to be executed in any other county or city, shall enclose the same to the sheriff thereof, properly addressed, put it in the post office and pay the postage thereon.

Code 1919, § 3403, § 17-50; 1946, p. 54; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-215. Process book.
The clerk of a circuit court shall keep a process book or file or, in lieu thereof, an automated system, in which the clerk shall enter every such process, order or decree, showing its nature, date, return day and the person to whom, and the time when, it was delivered, or, if it was mailed, the time thereof and the person to whom it was addressed. From any officer, to whom there is such delivery, the clerk shall take a receipt in the process book or file or enter the receipt on the automated system.

Code 1919, § 3403, § 17-51; 1946, p. 54; 1989, c. 137; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-216. Handling fee for service of process.
The fee for serving such process, order or decree may be delivered to the clerk, who shall transmit it with the papers to be served to the sheriff and the fee paid shall be taxed by the clerk as a part of the costs of the proceeding.

Code 1919, § 3403, § 17-52; 1946, p. 55; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-217. Power of clerk to administer oath.
Any clerk of a court may administer an oath in any case wherein an affidavit is necessary or proper as the foundation of an official act to be performed by him.

Code 1919, § 3389, § 17-53; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-218. Repealed.
Repealed by Acts 2011, c. 63, cl. 1.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-219. Clerk to prepare bonds.
Every clerk of a court of record shall prepare, in a proper manner, any bond to be taken by, or given before, him or his court or the judge thereof.

Code 1919, § 3390, § 17-55; 1998, c. 872.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-219.1. Transportation orders; authorization for clerk to issue orders to custodian.
In a criminal proceeding, upon authorization by the judge, the clerk of a circuit court may issue orders for commitment of the defendant or orders for release of the defendant to the appropriate custodian when the judge has ordered the defendant (i) to be committed to custody upon a denial of bail, upon a revocation of bail or upon a change in bail condition, (ii) to be continued in custody upon a continuance of the proceeding, or (iii) to be released upon meeting bail requirements, upon being sentenced to time already served or upon being found not guilty.

2002, c. 832.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-220. Duplicate certificate of allowance prohibited, unless ordered by court.
Upon proof by the oath of a party or otherwise of the loss or destruction of an original certificate of any allowance to be paid out of the state treasury, the court shall order a duplicate which shall show on its face that it is a duplicate issued by order of the court.

Code 1919, § 3404, § 17-56; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-221. Reports by clerks of the business of courts of record.
The clerk of each court of record in this Commonwealth, including the clerk of the Court of Appeals, within fifteen days from the end of each calendar month, shall make to the Supreme Court a report of the business disposed of by his court during the month just ended. The report shall be made upon a form furnished by the Executive Secretary and shall contain such information as the Supreme Court deems proper to enable it to gain a fair knowledge of the business of the several courts of the Commonwealth.

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

Code 1919, § 3405, § 17-57; 1928, p. 1121; 1938, p. 129; 1944, p. 131; 1964, c. 10; 1984, c. 703; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-222. Failure to make report.
The Executive Secretary, at the direction of the Court, shall report every clerk who fails to make the report mentioned in § 17.1-221 to the chief judge of the clerk's court.

Code 1919, § 3406, § 17-58; 1938, p. 130; 1964, c. 10; 1998, c. 872.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-222.1. Collection of fees, etc., by court clerks in lieu of money.
The clerks of the several courts of the Commonwealth may, in lieu of money, collect or secure all fees, and fines and penalties collected for offenses committed against the Commonwealth or against any county, city or town, and for payment of spousal or child support, by any means provided in § 2.2-614.1. Such clerks shall not by virtue of acceptance of any such payment be held to be guarantors of the payment thereof, but they shall exercise ordinary care in such acceptance.

1977, c. 139, § 14.1-3.1; 1978, c. 117; 1998, c. 872; 2002, c. 719.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-224. Copy of illegible instrument used for making permanent record.
In offices of clerks of courts of record in which instruments are recorded by any photographic or electronic imaging process, the clerk may, in the event any such instrument is in such condition that a perfect and legible record cannot be produced by such process, make and certify a copy of such instrument, for which he shall be entitled to such fees as are prescribed by law for making and certifying copies of instruments, and use such copy for making permanent records of his office by such photographic or electronic imaging process. Such original instrument shall be preserved in the clerk's office, in the same manner as is prescribed by law for preserving wills.

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

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-225. Remote access to nonconfidential court records.
The clerk of the circuit court of any county or city may provide remote access, including Internet access, to all nonconfidential court records on an automated case management or other system maintained by his office and described in § 17.1-242. The clerk shall be responsible for insuring that proper security measures are implemented and maintained to prevent remote access users from obtaining any data that are confidential under this Code and to prevent the modification or destruction of any records by remote access users. For purposes of this section, remote access users are those individuals who are not employees of the clerk's office. Secure remote access to land records shall be governed by § 17.1-294.

1985, c. 489, § 17-59.2; 1993, c. 445; 1997, c. 413; 1998, c. 872; 2001, c. 497; 2008, cc. 823, 833; 2014, c. 460.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-226. Remote access to certain agencies from clerk of court.
The governing body of any locality may give the clerk of its circuit court information from local agencies that the clerk may provide to remote access users.

1985, c. 489, § 17-59.3; 1998, c. 872; 2008, cc. 823, 833.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-227. Documents to be recorded in deed books; social security numbers.
All deeds, deeds of trust, deeds of release, certificates of satisfaction or certificates of partial satisfaction, quitclaim deeds, homestead deeds, grants, transfers and mortgages of real estate, releases of such mortgages, powers of attorney to convey real estate, leases of real estate, notices of lis pendens and all contracts in reference to real estate, which have been acknowledged as required by law, and certified copies of final judgments or decrees of partition affecting the title or possession of real estate, any part of which is situated in the county or city in which it is sought to be recorded, and all other writings relating to or affecting real estate which are authorized to be recorded, shall, unless otherwise provided, be recorded in a book to be known as the deed book. All deeds, deeds of trust, deeds of release, quitclaim deeds, grants, transfers, and mortgages of real estate or any addendum or memorandum relating to any of these instruments submitted for recordation in the deed books of the appropriate office of the clerk of court shall be prepared according to the requirements for deeds and deeds of trust as set forth in §§ 55.1-300 and 55.1-316, as applicable. The clerk may refuse to accept any instrument submitted for recordation that includes a social security number. However, the attorney or party who prepares or submits the instrument has responsibility for ensuring that the social security number is removed from the instrument prior to the instrument being submitted for recordation. The clerk shall be immune from suits arising from the recordation of any document, or the content of any document recorded, in the land records pursuant to this or any other applicable provision of this Code unless the clerk was grossly negligent or engaged in willful misconduct. Each instrument shall be indexed under all such names in accordance with the provisions of § 17.1-249.

Code 1919, § 3393, § 17-60; 1920, p. 313; 1932, p. 333; 1975, c. 469; 1976, c. 561; 1977, c. 282; 1990, c. 374; 1994, c. 64; 1997, c. 579; 1998, c. 872; 2003, cc. 862, 914, 918; 2004, c. 352; 2014, c. 338.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-227.1. Use of cover sheets on deeds or other instruments by circuit court clerks.
A. Circuit court clerks may require that any deed or other instrument conveying or relating to an interest in real property be submitted for recordation with a cover sheet detailing the information contained in the deed or other instrument necessary for the clerk to properly index such instrument. The cover sheet shall be developed in conjunction with the Office of the Executive Secretary of the Supreme Court of Virginia and shall include the following information: (i) the name of each party to be indexed as grantor and the name of each party to be indexed as grantee and, in the case of any individual grantor or grantee, the surname of each individual identified as such; (ii) in the case of a deed or other instrument described in § 58.1-801 or 58.1-807, the amount of the consideration and the actual value of the property conveyed; (iii) the Virginia or federal law under which any exemption from recordation taxes is claimed; (iv) if required under § 17.1-252, the tax map reference number or numbers, or the parcel identification number (PIN) or numbers, of the affected parcel or parcels; and (v) the name and current address of the person to whom the instrument should be returned after recordation.

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

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

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

1999, cc. 363, 369; 2000, cc. 440, 446; 2008, cc. 823, 833; 2014, c. 338.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-228. Recording releases of deeds of trust, partial releases of deeds of trust, court ordered releases, or other liens or assignments in cities and counties using microfilm.
Notwithstanding any other provision of law, whenever the writings required by law to be recorded in the deed book in the office of the clerk of the circuit court of any city or county are recorded by a microphotographic process or by any other method or process which renders impractical or impossible the subsequent entering of marginal notations upon a recorded instrument, an appropriate certificate, certificate of satisfaction, certificate of partial satisfaction, certified copy of order, or other separate instrument setting forth the necessary information shall be recorded and indexed according to law.

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

1975, c. 469, § 17-60.1; 1978, c. 629; 1991, c. 414; 1998, c. 872; 2008, cc. 823, 833.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-229. Additional documents to be recorded in deed book.
All deeds, homestead deeds and leases of personal property, bills of sale, and all other contracts or liens as to personal property, which are by law required or permitted to be recorded, all mechanics' liens, all other liens not directed to be recorded elsewhere and all other writings relating to or affecting personal property which are authorized to be recorded shall, unless otherwise provided, be recorded in the deed book and shall be indexed in the general index book; provided, however, the clerk may reject any writing for recordation that is not specifically authorized by law and set out in the Code of Virginia.

Code 1919, § 3393, § 17-61; 1920, p. 313; 1932, p. 333; 1985, c. 392; 1998, c. 872; 2010, c. 352.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-230. Documents to be recorded in bond book.
All bonds taken of officers, executors, administrators, trustees or other fiduciaries and all bonds of commissioners and receivers, and all suspending bonds, appeal bonds, injunction bonds, attachment bonds, cost bonds, and all other bonds required to be recorded, shall be recorded in a book known as the bond book.

Code 1919, § 3393, § 17-62; 1920, p. 313; 1932, p. 333; 1981, c. 295; 1998, c. 872.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-231. Documents to be recorded in will book.
All wills, inventories, appraisements, lists of sales and settlements of accounts of executors, administrators, curators, trustees or other fiduciaries shall be recorded in a book to be known as the will book. Provided, that the judges of the several courts of the Commonwealth before whom fiduciaries qualify may, by order, prescribe that inventories, appraisements, accounts of sale and settlement of accounts of fiduciaries, together with all reports and decrees or orders, or portions thereof, proper to be recorded therewith, shall be recorded either in the current will book or in a book to be kept by the clerk for that purpose. Such courts may prescribe that the settlements of accounts of fiduciaries be recorded in the mode prescribed by § 64.2-1214.

Code 1919, § 3393, § 17-63; 1920, p. 313; 1932, p. 333; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-232. What to be recorded in judgment docket.
Abstracts of all judgments authorized or required by law to be docketed or recorded shall be recorded in a book to be known as the judgment docket.

Code 1919, § 3393, § 17-64; 1920, p. 314; 1932, p. 334; 1998, c. 872; 2002, c. 832.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-233. What to be recorded in marriage register.
All marriage licenses and all matters relating to marriages required or authorized to be recorded under § 20-20 shall be recorded in a book to be known as the marriage register.

Code 1919, § 3393, § 17-65; 1920, p. 314; 1932, p. 334; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-234. Documents to be recorded in "writings partially proved.".
All deeds and other instruments which have been only partially proved shall be recorded in a separate book to be known as "writings partially proved."

Code 1919, § 3393, § 17-66; 1920, p. 314; 1932, p. 334; 1998, c. 872.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-235. Recordation of federal farm loan mortgages.
The clerks of the circuit courts shall keep a separate book, which shall be known as the federal farm loan mortgage book, in which shall be recorded mortgages executed to secure the payment of loans made by federal land banks under authority of the act of Congress, approved July 17, 1916, known as the Federal Farm Loan Act, which mortgages, when so recorded in such book shall be indexed in the proper general index book, as well as in the index to such farm loan mortgage book; provided that any such clerk instead of providing such separate book may immediately spread upon the book in which deeds are recorded in his office any and all proper mortgages or deeds of trust executed to secure such loans and all of such mortgages and deeds of trust shall be immediately spread upon such records when received, so that the original thereof may be returned to the federal land bank as soon as possible.

1918, p. 437, § 17-67; Michie Code 1942, § 3393b; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-236. Recordation of plats and maps.
All plats and maps may in the discretion of the clerks of the several circuit courts be recorded in a book to be known as the plat book. In case of such recordation of any plat or map which is attached to or made a part of any deed, deed of trust or writing which is recorded in the deed book, an appropriate note shall be made on the deed book where such deed, deed of trust or other writing is recorded, referring to the plat book and page where the plat or map is recorded and the clerk shall endorse on the plat and plat book the date of the recordation and a reference by book and page to the recorded instrument of which it is a part and shall sign the certificate. In those courts where deeds and other writings are recorded by a procedural microfilm recording system, all plats shall be recorded with the deeds and other writings and indexed in the general index to deeds. Wherever plats are maintained singly, as in a cabinet or on microfilm aperture cards, they shall be cross-referenced with the deed books in the same manner as prescribed herein when plats are recorded in a separate plat book. All plats submitted for recordation shall meet the standards for plats as adopted under § 42.1-82 of the Virginia Public Records Act (§ 42.1-76 et seq.).

1918, p. 504, § 17-68; Michie Code 1942, § 3393a; 1944, p. 472; 1983, c. 180; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-237. Validation of recordations in certain plat books.
All books in which prior to June 24, 1944, plats were recorded separately from the deed books in all the clerks' offices of this Commonwealth are hereby validated and made parts of the official records of the offices.

1918, p. 504, § 17-69; Michie Code 1942, § 3393a; 1944, p. 472; 1998, c. 872.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-238. State highway plat book.
The state highway plat book, which shall be provided by the Department of Transportation, shall be installed in the circuit court clerk's office of each county of the Commonwealth and in the clerk's office of the circuit court of any city wherein the Department of Transportation has acquired any interest in land, and all highway plats pertaining to the primary and secondary highway systems, and all plats in connection therewith, shall be filed therein by the clerk. The state highway plat book may be produced in one of the following forms: (i) paper; (ii) microfilm, microfiche, or any other microphotographic process, that meets state archival microfilm standards and state electronic records guidelines pursuant to § 42.1-82; or (iii) electronic process. The clerk shall note on each recorded deed relating to such plats and in the deed book, wherein such deed is recorded, or through recordation of a separate instrument referencing the page where such deed is recorded, the numbers of the state highway plat book and page wherein such plats are filed. The clerk so filing the plats and so noting the same shall receive a fee of $5. All plats filed prior to July 1, 1950, in such state highway plat book are hereby validated.

1950, p. 477, § 17-69.1; 1956, c. 19; 1994, c. 432; 1998, c. 872; 2014, c. 330; 2015, c. 641.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-239. Character of books used for recording; standards for microfilm, etc.
All books used in the clerk's office for the permanent recordation of deeds, wills and other instruments shall either be made of high quality record paper, strictly number one rag stock, or permanent-durable, acid-free paper composed of strong, well-purified chemical wood fibers as prescribed by regulations pursuant to subdivision A 2 of § 42.1-82, or, if microfilm, microfiche, or microphotographic process is used in the clerk's office, the deeds, wills or other instruments shall be processed in accordance with standards established pursuant to § 42.1-82. All books are to be substantially bound, with a durable cloth or plastic cover over all.

Code 1919, § 3399, § 17-70; 1934, p. 174; 1972, c. 501; 1975, c. 58; 1983, c. 293; 1988, c. 35; 1998, c. 872.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-240. Recording by microphotographic or electronic process.
A procedural microphotographic process, digital reproduction, or any other micrographic process that stores images of documents in reduced size or in electronic format may be used to accomplish the recording of writings otherwise required by any provision of law to be spread in a book or retained in the circuit court clerk's office, including the civil and criminal order books, the Will Book or Fiduciary Account Book, the Juvenile Order Book, the Adoption Order Book, the Trust Fund Order Book, the Deed Book, the Plat Book, the Land Book, the Bond Book, the Judgment Docket Book, the Partnership or Assumed Name Certificate Book, marriage records, and financing statements. Any such micrographic, microphotographic, or electronic recording process shall meet archival standards as recommended by The Library of Virginia.

1977, c. 142, § 17-70.1; 1983, c. 293; 1997, c. 579; 1998, c. 872; 2005, c. 681; 2018, c. 523.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-241. Clerks to procure books for record.
Every circuit court clerk shall procure appropriate books for records as the business of his office requires. But orders for the same shall first be obtained by the clerks from the governing bodies of their respective counties or cities.

Code 1919, § 3400, § 17-71; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-242. Custody of books, records, etc.
The circuit court clerks shall have custody of and shall keep all court records, including books, evidence, records, maps, and papers, deposited in their offices or at such location otherwise designated by the clerk, as well as records stored in electronic format whether the storage media for such electronic records are on premises or elsewhere.

Code 1919, § 3400, § 17-72; 1998, c. 872; 2001, c. 497; 2014, c. 460.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-243. Clerks to have land books bound.
Except those clerks using an automated system, clerks shall bind, in volumes of convenient size, all books in their respective clerks' offices not currently bound showing the assessments of lands since the year 1850, and shall bind in like volumes such books hereafter filed in their clerks' offices at intervals of not more than five years.

Code 1919, § 5979, § 17-73; 1998, c. 872; 2014, c. 460.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-244. Books, etc., in clerks' offices rebound, transcribed, microfilmed or digitally reproduced; credit given to transcripts, etc.
Any court of record or, if so designated by the judge, the clerk thereof may cause any of the books or records in the clerk's office which may be in need thereof to be rebound, transcribed, microfilmed or digitally reproduced. The same faith and credit shall be given to such transcript or reproductions from the microfilm or digitally reproduced record as the book or record transcribed would have been entitled to.

Code 1919, § 5980, § 17-74; 1972, c. 549; 1976, c. 630; 1997, c. 836; 1998, c. 872; 2008, cc. 823, 833.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-245. Books may be taken from clerk's office to be rebound, etc.
The court or, if so designated by the judge, the clerk directing any book or books to be bound, rebound, microfilmed or digitally reproduced may allow the same to be taken from the clerk's office in which such book or books may be on file, but shall take all necessary and proper precautions, by requiring bonds or otherwise, to insure the preservation and return and to prevent the mutilation thereof.

Code 1919, § 5981, § 17-75; 1976, c. 630; 1997, c. 836; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-246. How costs thereof certified and paid.
The cost incurred shall be certified by the court or, if so designated by the judge, the clerk, to the governing body of the county or city in whose clerk's office the books or records so bound, rebound, microfilmed, transcribed or digitally reproduced are on file, to be paid by such county or city.

Code 1919, § 5982, § 17-76; 1976, c. 630; 1997, c. 836; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-247. Repealed.
Repealed by Acts 2013, c. 263, cl. 2.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-248. Clerk to make index to each of his books.
The clerk of every circuit court shall have an index to each book he is required to keep, except those for which general indexes are required or permitted, and kept, making convenient reference to every order, record or entry therein. Every execution and every judgment or decree for money shall be indexed, in the name of the person against whom and in the name of the person in whose favor the judgment or decree was rendered.

Code 1919, § 3391, § 17-78; 1942, p. 179; 1998, c. 872.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-250. Correction of indexes.
No clerk or deputy clerk of any court in which deeds are recorded shall correct any indexing mistake by insertion, or alter or reprint the page, unless, at the time of such insertion, alteration or reprinting, he (i) notes the date and nature of the change in the index or (ii) by any other means capable of maintaining a permanent record of the change together with the original recording, indicates the date and nature of the change and the name of the person who made it.

1966, c. 403, § 17-79.1; 1991, c. 652; 1998, c. 872; 2014, c. 330.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-251. Indexing of certain subdivision plats or maps.
When any plat or map of a subdivision which contains fifteen lots or more is recorded in the general index, the clerk shall, in addition to complying with the requirements set forth in § 17.1-249, add the magisterial district wherein the subdivision is located. Such plat or map shall also show the source of title of the immediate grantor.

1974, c. 349, § 17-79.2; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-252. Indexing by tax map reference number.
Circuit court clerks in those localities with a unique parcel identification system shall require that any deed or other instrument conveying or relating to an interest in real property bear, on the first page of the deed or other instrument, or state in the cover sheet submitted with the deed or other instrument, the tax map reference number or numbers, or the parcel identification number (PIN) or numbers, of the affected parcel or parcels. Upon admitting the deed or other instrument to record, the clerk may, in addition to any other indexing required by law, index the deed or other instrument by the tax map reference number or numbers or by the parcel identification number or numbers.

1982, c. 597, § 17-79.3; 1986, c. 21; 1988, c. 116; 1992, c. 478; 1996, c. 231; 1997, cc. 224, 902; 1998, cc. 75, 872; 1999, cc. 133, 163; 2000, cc. 440, 446; 2014, c. 338.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-253. Committee to inquire into necessity of general index; report; plan adopted; locality to cover cost.
A. Whenever the circuit court, or the judge thereof, finds that there is need of an improved system of general indexing to any of the records kept by the clerk of court, it shall be the duty of the court or judge, in its or his discretion, to appoint a committee to inquire into the necessity for such indexing, and make a report to the court, or the judge thereof.

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

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

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

Code 1919, §§ 3395, 3396, 3397, 3398, §§ 17-80, 17-81, 17-82, 17-83; 1948, p. 62; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-254. Validation of judgment records in office of clerk of Circuit Court of Norfolk.
The "General Index to Judgment Lien Docket and Execution Books" designated "A-D," "E-K," "L-R" and "S-Z," respectively, in the office of the clerk of the Circuit Court of the City of Norfolk is hereby validated, and is and shall be for all purposes whatever the legal record of judgments docketed as provided by law in the office of such clerk for the period beginning January 2, 1917.

1948, p. 59, § 17-83.1; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-255. Expired.
Expired.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-257. Repealed.
Repealed by Acts 2000, c. 800, cl. 2.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-258. Expired.
Expired.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-258.1. Repealed.
Repealed by Acts 2003, c. 127, cl. 2.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-258.2. Definition.
As used in this article, "electronic filing of documents" means the filing or recordation with a circuit court clerk of written information as defined in § 1-257, for the purpose of creating an electronic record as defined in subdivision 7 of § 59.1-480.

2005, c. 744.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-258.3. Electronic filing in civil or criminal proceedings.
Any clerk of circuit court may establish and operate a system for electronic filing in civil or criminal proceedings that shall be governed by the Rules of Supreme Court of Virginia. The circuit court clerk may require each person whom the clerk authorizes to file documents electronically to provide proof of identity to the clerk and to enter into an agreement specifying the electronic filing procedures to be followed, including, but not limited to, security procedures, as defined in the Uniform Electronic Transactions Act (§ 59.1-479 et seq.), for transmitting signed or notarized documents. The clerk may charge copy fees per page, as provided in subdivision A 8 of § 17.1-275, and obtain reimbursement for fees paid by subscribers to its designated application service providers for the technology systems used to operate electronic filing in civil and criminal cases in the clerk's office. The fees and reimbursements collected shall be deposited by the clerk into the clerk's nonreverting local fund to be used to cover operational expenses as defined in § 17.1-295. Nothing herein shall be construed to prevent the clerk from entering into agreements with designated application service providers to provide all or part of the network or system for electronic filing of civil or criminal records as provided herein. Further, nothing herein shall be construed to require the electronic filing of any civil or criminal record, and such records may continue to be filed in paper form.

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

2005, c. 744; 2008, cc. 823, 833; 2010, cc. 430, 717, 760; 2013, cc. 74, 77; 2014, c. 460; 2015, c. 317.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-258.3:1. Electronic filing of land records; paper form.
A. A clerk of a circuit court may provide a network or system for electronic filing of land records in accordance with the provisions of Article 3 (§ 55.1-346 et seq.) of Chapter 3 of Title 55.1 regarding the satisfaction of mortgages and the Uniform Real Property Electronic Recording Act (§ 55.1-661 et seq.). The clerk may require each filer to provide proof of identity to the clerk. The clerk shall enter into an electronic filing agreement with each filer in accordance with Virginia Real Property Electronic Recording Standards established by the Virginia Information Technologies Agency. Nothing herein shall be construed to prevent the clerk from entering into agreements with designated application service providers to provide all or part of the network or system for electronic filing of land records as provided herein. Further, nothing herein shall be construed to require the electronic filing of any land record, and such records may continue to be filed in paper form.

B. Any clerk of a circuit court with an electronic filing system established in accordance with this section may charge a fee not to exceed $5 per instrument for every land record filed by paper. The fee shall be paid to the clerk's office and deposited by the clerk into the clerk's nonreverting local fund to be used exclusively to cover the operational expenses as defined in § 17.1-295.

C. The clerk shall maintain a disaster plan, as defined in § 42.1-77, for recovery of any land record in possession of the clerk that is maintained as an electronic record.

2008, cc. 823, 833; 2010, c. 430; 2012, c. 234; 2013, c. 77; 2016, c. 264; 2017, cc. 90, 289.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-258.3:2. Official certificates and certified records in digital form.
A clerk of circuit court may establish a system for providing official certificates and certified records in digital form of any document maintained by the clerk. The clerk may require any person to provide proof of identity to the clerk in order to obtain access to such records. The clerk or his designated application service provider may assess an additional fee not to exceed $5 per official certificate accompanying or attesting the certified records, subject to subdivision A 8 of § 17.1-275 and to the exemptions provided in § 17.1-267. The clerk may perform such other notarial acts as allowed under § 47.1-12. The fee shall be paid to the clerk's office and deposited by the clerk into the clerk's nonreverting local fund to be used to cover operational expenses as defined in § 17.1-295. Nothing herein shall be construed to require any person to obtain an electronic certificate of any record maintained by the clerk, and such record may continue to be obtained in paper form. The clerk of the circuit court of any jurisdiction shall be immune from suit arising from any acts or omissions relating to providing official certificates and certified records in digital form of any document maintained by the clerk pursuant to this section unless the clerk was grossly negligent or engaged in willful misconduct.

2010, c. 430; 2011, c. 715; 2013, c. 77.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-258.3:3. Submission of records as electronic documents.
Upon written agreement with the clerk, any agency or instrumentality of the Commonwealth may submit any record to the clerk as an electronic document. The form of electronic submission shall comply with the security and data standards established by the Virginia Information Technologies Agency for any such electronic submission. Any record so submitted shall satisfy any law requiring that a document be an original, be on paper or another tangible medium, or be in writing.

2015, c. 641.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-258.4. Signature; when effective as original; notarization; seal.
A. If the electronically filed document contains an electronic signature pursuant to the Uniform Electronic Transactions Act (§ 59.1-479 et seq.) that is capable of independent verification and renders any subsequent changes or modifications to the electronic document evident, any statutory requirement for original signature shall be deemed to be satisfied.

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

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

2005, c. 744; 2008, cc. 823, 833; 2010, cc. 717, 760; 2013, c. 77.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-258.5. Application.
All documents recorded on or after July 1, 2004 that comply with the provisions of this article shall be conclusively presumed to be in proper form for recording, except in cases of fraud.

2005, c. 744.
Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-258.6. Acceptability of electronic medium; submission of trial court record to appellate court.
A. In connection with civil or criminal proceedings in circuit court, any statutory requirement for an original, original paper, paper, record, document, facsimile, memorandum, exhibit, certification, or transcript shall be satisfied if such is in an electronic form approved for filing under the Rules of Supreme Court of Virginia. However, this section shall not apply to documents the form of which is specified in any statute governing the creation and execution of wills, codicils, testamentary trusts, premarital agreements, and negotiable instruments.

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

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

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

2010, cc. 717, 760; 2015, c. 71; 2018, cc. 125, 129, 523.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-259. Recordation of master deed of trust; form and requisites.
A. Any person may record in any clerk's office in the Commonwealth where deeds are recorded a form of a deed of trust, hereinafter referred to as a "master deed."

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

1954, c. 8, §§ 17-83.2, 17-83.3; 1998, c. 872.

Code of Virginia — Title 17.1 (Courts of Record), Chapter 2 (Clerks, Clerks' Offices and Records)
§ 17.1-260. Recordation, effect and requisites of incorporating deed.
Any person may record a deed of trust hereinafter referred to as an "incorporating deed," which incorporates by reference any one or more of the provisions of a master deed recorded in the same clerk's office. The provisions incorporated by reference shall be of the same force and effect and shall be as binding upon the parties to the incorporating deed and their successors in title as if fully set forth in the incorporating deed. No incorporating deed shall refer to more than one master deed.

1954, c. 8, § 17-83.4; 1998, c. 872.