reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 16.1 - Courts Not of Record › Chapter 11 - Juvenile and Domestic Relations District Courts › § 16.1-351. Court order approving standby guardianship; authority; when effective

Upon consideration of the factors set out in § 20-124.3 and finding that (i) the child's parent is a qualified parent and (ii) appointment of a standby guardian is in the best interest of the child, the court shall appoint a proper and suitable person as standby guardian and, if requested, a proper and suitable person as alternate standby guardian. However, when a petition is filed by a person other than a parent having custody of the child, the standby guardian shall be appointed only with the consent of the qualified parent unless the court finds that such consent cannot be given for medical reasons.
The order shall specify the triggering event and shall provide that the authority of the standby guardian is effective (a) upon receipt by the standby guardian of (1) a determination of incompetence of the parent, (2) a certificate of death of the parent, (3) evidence of the detention, incarceration, or deportation of the parent connected to an immigration action, or (4) the earlier of clause (1), (2), or (3) or (b) if so requested in the petition, upon receipt by the standby guardian of a written consent of the qualified parent and filing of the consent with the court. The written consent shall be executed after the entry of the court order and signed by the qualified parent, or by another in his presence and on his behalf.
As soon as practicable after entry of the order, a copy shall be served on the standby guardian.
A standby guardian shall have the powers and duties of a guardian of the person and a guardian of the property of a minor, unless otherwise specified in the order.
The standby guardian shall file with the court, as soon as practicable but in no event later than 30 days following a parent's death, determination of incompetence, consent, or detention, incarceration, or deportation connected to an immigration action, a copy of the certificate of death, determination of incompetence, consent, or evidence of such detention, incarceration, or deportation of the qualified parent upon which his authority is based. Failure to file within the time specified shall be grounds for the court to rescind the authority of the standby guardian sua sponte or upon petition of any person but all acts undertaken by the standby guardian on behalf of and in the interests of the child shall be valid and enforceable.
1998, c. 829; 2021, Sp. Sess. I, c. 241.
2023 Code of Virginia › Title 16.1 - Courts Not of Record › Chapter 11 - Juvenile and Domestic Relations District Courts › § 16.1-353. Further proceedings to determine permanent guardianship, custody

A. If the triggering event was death of the qualified parent, within 90 days following the occurrence of the triggering event or, if later, commencement of the standby guardian's authority, the standby guardian shall (i) petition for appointment of a guardian for the child as otherwise provided by law or (ii) initiate other proceedings to determine custody of the child pursuant to Chapter 6.1 (§ 20-124.1 et seq.) of Title 20, or both.
B. In all other cases a standby guardian shall promptly after occurrence of the triggering event initiate such proceedings to determine permanent custody, absent objection by the qualified parent.
The petition shall be accompanied by:
1. The court order approving or written designation of a standby guardian; and
2. The attending physician's written determination of incompetence or debilitation; a verification of death; or evidence of the parent's detention, incarceration, or deportation in connection with an immigration action.
1998, c. 829; 2021, Sp. Sess. I, c. 241.
2023 Code of Virginia › Title 16.1 - Courts Not of Record › Chapter 11 - Juvenile and Domestic Relations District Courts › § 16.1-354. Revocation, refusal, termination of standby guardianship

A. The authority of a standby guardian approved by the court may be revoked by the qualified parent by his filing a notice of revocation with the court. The notice of revocation shall identify the standby guardian or alternate standby guardian to which the revocation will apply. A copy of the revocation shall also be delivered to the standby guardian whose authority is revoked and any alternate standby guardian who may then be authorized to act.
At any time following his approval by the court, a standby guardian approved by the court may decline to serve by filing a written statement of refusal with the court and having the statement personally served on the qualified parent and any alternate standby guardian who may then be authorized to act.
B. When a written designation has been executed, but is not yet effective because the triggering event has not yet occurred, the parent may revoke or the prospective standby guardian may refuse the designation by notifying the other party in writing.
A written designation may also be revoked by the execution of a subsequent inconsistent designation.
C. When a standby guardian's authority is effective upon debilitation or incompetence of the qualified parent, the standby guardian's authority to act on behalf of the parent continues even though the parent is restored to health unless the qualified parent notifies the guardian and, if appropriate, the court, in writing, that the standby guardian's authority is revoked upon such restoration or otherwise.
If at any time the court finds that the parent no longer meets the definition of "qualified parent," the court shall rescind its approval of the standby guardian.
1998, c. 829.
2023 Code of Virginia › Title 16.1 - Courts Not of Record › Chapter 11 - Juvenile and Domestic Relations District Courts › § 16.1-355. Review of standby guardianship

A child's parent, stepparent, adult sibling or any adult related to the child by blood, marriage or adoption may petition the court which approved the standby guardian at any time following such approval and prior to any termination of the standby guardianship for review of whether continuation of the standby guardianship is in the best interests of the child. Notice of the filing of a petition shall promptly be given to the standby guardian, the child, if the child is twelve or more years of age, and each parent of the child whose identity and whereabouts are known or could reasonably be ascertained.
1998, c. 829.
2023 Code of Virginia › Title 16.1 - Courts Not of Record › Chapter 11 - Juvenile and Domestic Relations District Courts › § 16.1-357. Disposition when juvenile found incompetent

A. Upon finding pursuant to subsection F of § 16.1-356 that the juvenile is incompetent, the court shall order that the juvenile receive services to restore his competency in either a nonsecure community setting or a secure facility as defined in § 16.1-228. A copy of the order shall be forwarded to the Commissioner of Behavioral Health and Developmental Services, who shall arrange for the provision of restoration services in a manner consistent with the order. Any report submitted pursuant to subsection E of § 16.1-356 shall be made available to the agent providing restoration.
B. If the court finds the juvenile incompetent but restorable to competency in the foreseeable future, it shall order restoration services for up to three months. At the end of three months from the date restoration is ordered under subsection A of this section, if the juvenile remains incompetent in the opinion of the agent providing restoration, the agent shall so notify the court and make recommendations concerning disposition of the juvenile. The court shall hold a hearing according to the procedures specified in subsection F of § 16.1-356 and, if it finds the juvenile unrestorably incompetent, shall order one of the dispositions pursuant to § 16.1-358. If the court finds the juvenile incompetent but restorable to competency, it may order continued restoration services for additional three-month periods, provided a hearing pursuant to subsection F of § 16.1-356 is held at the completion of each such period and the juvenile continues to be incompetent but restorable to competency in the foreseeable future.
C. If, at any time after the juvenile is ordered to undergo services under subsection A of this section, the agent providing restoration believes the juvenile's competency is restored, the agent shall immediately send a report to the court as prescribed in subsection E of § 16.1-356. The court shall make a ruling on the juvenile's competency according to the procedures specified in subsection F of § 16.1-356.
1999, cc. 958, 997; 2009, cc. 813, 840.
2023 Code of Virginia › Title 16.1 - Courts Not of Record › Chapter 11 - Juvenile and Domestic Relations District Courts › § 16.1-358. Disposition of the unrestorably incompetent juvenile

If, at any time after the juvenile is ordered to undergo services pursuant to subsection A of § 16.1-357, the agent providing restoration concludes that the juvenile is likely to remain incompetent for the foreseeable future, he shall send a report to the court so stating. The report shall also indicate whether, in the agent's opinion, the juvenile should be (i) committed pursuant to Article 16 (§ 16.1-335 et seq.) of this chapter or, if the juvenile has reached the age of eighteen years at the time of the competency determination, pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, (ii) certified pursuant to § 37.2-806, (iii) provided other services by the court, or (iv) released. Upon receipt of the report, the court shall make a competency determination according to the procedures specified in subsection F of § 16.1-356. If the court finds that the juvenile is incompetent and is likely to remain so for the foreseeable future, it shall order that the juvenile (i) be committed pursuant to Article 16 (§ 16.1-335 et seq.) of this chapter or, if the juvenile has reached the age of eighteen years at the time of the competency determination, pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, (ii) be certified pursuant to § 37.2-806, (iii) have a child in need of services petition filed on his behalf pursuant to § 16.1-260 D, or (iv) be released. If the court finds the juvenile incompetent but restorable to competency in the foreseeable future, it may order restoration services continued until three months have elapsed from the date of the provision of restoration ordered under subsection A of § 16.1-357.
If not dismissed without prejudice at an earlier time, charges against an unrestorably incompetent juvenile shall be dismissed in compliance with the time frames as follows: in the case of a charge which would be a misdemeanor, one year from the date of the juvenile's arrest for such charge; and in the case of a charge which would be a felony, three years from the date of the juvenile's arrest for such charges.
1999, cc. 958, 997; 2000, c. 216.
2023 Code of Virginia › Title 16.1 - Courts Not of Record › Chapter 11 - Juvenile and Domestic Relations District Courts › § 16.1-359. Litigating certain issues when the juvenile is incompetent

A finding of incompetency does not preclude the adjudication, at any time before trial, of a motion objecting to the sufficiency of the petition, nor does it preclude the adjudication of similar legal objections which, in the court's opinion, may be undertaken without the personal participation of the juvenile.
1999, cc. 958, 997.
2023 Code of Virginia › Title 16.1 - Courts Not of Record › Chapter 11 - Juvenile and Domestic Relations District Courts › § 16.1-360. Disclosure by juvenile during evaluation or restoration; use at guilt phase of trial adjudication or disposition hearing

No statement or disclosure by the juvenile concerning the alleged offense made during a competency evaluation ordered pursuant to § 16.1-356, or services ordered pursuant to § 16.1-357 may be used against the juvenile at the adjudication or disposition hearings as evidence or as a basis for such evidence.
1999, cc. 958, 997.
2023 Code of Virginia › Title 16.1 - Courts Not of Record › Chapter 11 - Juvenile and Domestic Relations District Courts › § 16.1-361. Compensation of experts

Each psychiatrist, clinical psychologist, licensed clinical social worker, licensed professional counselor, licensed marriage and family therapist, or other expert appointed by the court to render professional service pursuant to § 16.1-356, shall receive a reasonable fee for such service. With the exception of services provided by state hospitals or training centers, the fee shall be determined in each instance by the court that appointed the expert, in accordance with guidelines established by the Supreme Court after consultation with the Department of Behavioral Health and Developmental Services. If any such expert is required to appear as a witness in any hearing held pursuant to § 16.1-356, he shall receive mileage and a fee of $100 for each day during which he is required to serve. An itemized account of expenses, duly sworn to, must be presented to the court, and when allowed shall be certified to the Supreme Court for payment out of the state treasury, and be charged against the appropriations made to pay criminal charges. Allowance for the fee and for the per diem authorized shall also be made by order of the court, duly certified to the Supreme Court for payment out of the appropriation to pay criminal charges.
1999, cc. 958, 997; 2000, c. 337; 2005, c. 110; 2009, cc. 813, 840; 2012, cc. 476, 507.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-100. Judicial performance evaluation program

A. The Supreme Court, by rule, shall establish and maintain a judicial performance evaluation program that will provide a self-improvement mechanism for judges and a source of information for the reelection process. By December 1 of each year, the Supreme Court, or its designee, shall transmit a report of the evaluation in the final year of the term of each justice and judge whose term expires during the next session of the General Assembly to the Chairmen of the House Committee for Courts of Justice and the Senate Committee on the Judiciary. Such report shall include the number of cases during the judge's term in which a judge imposed a sentence that is either greater or less than that indicated by the sentencing guidelines and did not file a written explanation of such departure required pursuant to subsection B of § 19.2-298.01. The Virginia Criminal Sentencing Commission shall provide such information to the Supreme Court by November 1.
B. The reporting requirement of this section shall become effective when funds are appropriated for this program and shall apply to the evaluation of any justice or judge who has had at least one interim evaluation conducted during his term. For any judge or justice elected or reelected on or after January 1, 2014, an interim evaluation of each individual justice or judge shall be completed during his term. Such interim evaluation shall be commenced by the judicial performance evaluation program no later than the midpoint of his term.
C. All records created or maintained by or on behalf of the judicial performance evaluation program related to an evaluation of any individual justice or judge are confidential and shall not be disclosed, except that any report provided to the General Assembly pursuant to this section shall be a public record that is open to inspection.
2002, c. 726; 2005, c. 633; 2014, c. 808; 2018, c. 727.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-101. Time within which a judge may qualify; failure vacates office

Any judge of this Commonwealth may qualify at any time after receiving his commission and before the expiration of thirty days after the commencement of his term of office. If any judge does not receive his commission until after the commencement of his term of office he may qualify within thirty days from the date of receiving the same. The failure of any judge to qualify within these time limits shall vacate his office.
Code 1919, § 5978, § 17-2; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-102. Justices and judges not permitted to practice law or seek or hold elective or other office

No justice or judge shall, during his continuance in office, engage in the practice of law within or without the Commonwealth, or seek or accept any nonjudicial elective office, or hold any other office of public trust, or engage in any other incompatible activity.
1971, Ex. Sess., c. 50, § 17-3.1; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-103. Residence requirements of judges

Each judge of a circuit court shall, during his term of office, reside within the circuit to which he was appointed or elected and his removal therefrom shall vacate his office. Where the boundary of the jurisdiction of a court is changed by annexation or otherwise, a judge thereof shall not become disqualified from office or ineligible for reelection if, except for such annexation or change, he would otherwise be qualified.
Code 1919, § 5977, § 17-5; 1964, c. 108; 1970, c. 122; 1971, Ex. Sess., c. 50; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-104. In election by court, votes to be recorded

In every appointment or election by a court to fill any office or post, the votes shall be made in writing and recorded in the order or minute book.
Code 1919, § 5961, § 17-6; 1986, c. 294; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-106. Temporary recall of retired judges; evaluation

A. The Chief Justice of the Supreme Court may call upon any justice of the Supreme Court, any judge of the Court of Appeals, or any judge of a circuit court who is retired under the Judicial Retirement System (§ 51.1-300 et seq.) when such retired justice or judge has been found qualified within the preceding three years by the House Committee for Courts of Justice and the Senate Committee on the Judiciary to sit in recall either to (i) hear a specific case or cases pursuant to the provisions of § 17.1-105, such designation to continue in effect for the duration of the case or cases, or (ii) perform for a period of time not to exceed 90 days at any one time such judicial duties in any circuit court as the Chief Justice shall deem in the public interest for the expeditious disposition of the business of the courts.
B. It shall be the obligation of any retired justice or judge who is recalled to temporary service under this section and who has not attained age 70 to accept the recall and perform the duties assigned. It shall be within the discretion of any justice or judge who has attained age 70 to accept such recall.
C. Any justice or judge recalled to duty under this section shall have all the powers, duties, and privileges attendant on the position he is recalled to serve.
D. Notwithstanding the provisions of subsection A, the Chief Justice may call upon and authorize any justice or judge of a court of record whose retirement becomes effective during the interim period between regularly scheduled sessions of the General Assembly to sit in recall either to (i) hear a specific case or cases pursuant to the provisions of § 17.1-105, and such designation shall continue in effect for the duration of the case or cases, or (ii) perform, for a period of time not to exceed 90 days at any one time, such judicial duties in any circuit court as the Chief Justice shall deem in the public interest for the expeditious disposition of the business of the courts.
E. All retired circuit court judges who have requested to sit in recall shall be evaluated during the final year of the three-year period following qualification by the Senate Committee on the Judiciary and the House Committee for Courts of Justice using an evaluation form prepared and distributed by the Office of the Executive Secretary of the Supreme Court of Virginia. An annual report containing the results of such evaluations conducted that year shall be prepared and transmitted to the Senate Committee on the Judiciary and the House Committee for Courts of Justice by the first day of the next regular session of the General Assembly.
1990, c. 832, § 17-7.01; 1998, c. 872; 2001, c. 59; 2014, c. 776; 2018, c. 709; 2022, c. 532; 2023, c. 313.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-107. Designation of judge to assist regular judge holding case under advisement for unreasonable length of time

A. In any civil action, a judge of a circuit court who fails to act on any matter, claim, motion, or issue that has been submitted to the court for a decision or render a final decision in the action shall report, in writing, to the parties or their counsel on any such matter, claim, motion, issue, or action held under advisement for more than 60 days after such submission stating an expected time of a decision. In any civil action in which a judge fails to report as required by this section or fails to render a decision within the expected time stated in the report, any party or their counsel may notify the Chief Justice of the Supreme Court. Whenever the Chief Justice of the Supreme Court, or any justice designated by him, has reasonable cause to believe that any judge of a court of record may be holding any matter, claim, motion, issue, or case under advisement for an unreasonable length of time, he shall inquire into the cause of such delay, and if he finds it necessary in order to expedite the administration of justice, he shall designate a judge or retired judge of a court of record to assist the regular judge in the performance of his duties.
B. Complaints made hereunder shall be absolutely privileged and the name of the complainant shall not be disclosed without his consent.
1962, c. 285, § 17-7.1; 1973, c. 544; 1998, c. 872; 2008, c. 813; 2014, c. 62.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-109. Judges pro tempore

Any cause pending in a circuit court, when the judge of the court is disqualified or unable for any reason to try the same, may be tried by a judge pro tempore who shall be a citizen of this Commonwealth and shall be licensed to practice law in this Commonwealth.
Code 1919, § 5899, § 17-8; 1996, c. 616; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-110. Their appointment and powers

When all the parties to any cause pending in a circuit court, or their attorneys of record, shall enter into a written stipulation appointing a judge pro tempore for the trial of the cause and approved by a judge of said court in his discretion, and the person appointed shall take and subscribe an oath faithfully to try and determine the issues joined between the parties, the clerk of the court in which such action or suit is pending shall record the stipulation and oath. The person appointed shall be vested with the same power and authority and shall be charged with the same duties as to the cause in and as to which he is appointed as though he were the regularly elected and qualified judge of such court. However, the parties may, by the terms of their stipulation, limit the power of the judge pro tempore to the trial and determination of any specified issue or issues, either of law or fact and in such cases the oath of the person appointed shall correspond to the terms of the stipulation.
The provisions of this section and § 17.1-109 shall be in addition to the provisions of § 17.1-105.
Code 1919, § 5900, § 17-9; 1977, c. 237; 1996, c. 616; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-111. Compensation

Judges pro tempore shall serve without compensation from any public treasury, but it shall be lawful for the parties to agree upon and express in their written stipulation any mode or amount of compensation, together with any further agreement as to the taxing of the same as costs.
Code 1919, § 5901, § 17-10; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-112. Sheriff to attend court as its officer

Neither the Supreme Court nor the Court of Appeals shall be attended by any sheriff in the City of Richmond. In all other cases, the sheriff of the county or city in which any court is held shall attend it and act as its officer.
Code 1919, § 5963, § 17-13; 1984, c. 703; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-113. Places of holding courts; certain orders and decrees entered elsewhere

Every circuit court for any county or city shall be held at the courthouse of such county or city, except when some other place is prescribed by law or lawfully appointed. However, the judge of the circuit court of any county or city may enter any order or decree at his home or office or elsewhere within his circuit.
In the interest of justice, the chief judges of the Twenty-first and the Twenty-third Judicial Circuits may, by order, designate one or more of the courtrooms of any circuit court within their respective circuits as the courtroom or courtrooms in which civil or criminal cases whose venue is laid within the circuit may be tried. In criminal cases, jurors summoned to appear at such courtroom or courtrooms shall reside in the locality in which the crime was committed, except as otherwise provided by law.
Code 1919, § 5964, § 17-14; 1940, p. 325; 1998, c. 872; 2005, c. 389.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-114. When and how changed

Whenever in the opinion of a circuit court or the judge thereof, the courthouse or other place wherein it is required to hold its session cannot or should not for any reason be occupied by it, or if the same has been destroyed, or is being repaired, renovated, or enlarged, the court may hold its session at such places within the geographical limits of the same judicial circuit as the court may direct by an order to its clerk. The court shall continue to hold its sessions in such other place until the courthouse or its lawful place of session can be occupied, or until another has been built and fitted for the court's occupation, or until such repairs, renovations or additions have been completed, or until some other place is designated by the court. Except as provided in subsection C of § 17.1-330 or this section or as agreed to by all parties to an action, no session of a circuit court shall be held outside the geographical limits of the county or city of which it is the court.
In the interest of justice, the chief judges of the Twenty-first and the Twenty-third Judicial Circuits may, by order, designate one or more of the courtrooms of any circuit court within their respective circuits as the courtroom or courtrooms in which civil or criminal cases whose venue is laid within the circuit may be tried. In criminal cases, jurors summoned to appear at such courtroom or courtrooms shall reside in the locality in which the crime was committed, except as otherwise provided by law.
Code 1919, § 5965, §§ 17-15, 17-18; 1962, c. 405; 1966, c. 348; 1971, Ex. Sess., c. 156; 1998, c. 872; 2005, c. 389; 2010, cc. 451, 757.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-115. How order or warrant making change posted

A copy of every order of court of a judge issued under § 17.1-114 shall, if practicable, be posted by the clerk of the court at the door of his office and at the courthouse door, and also at the place where the court has designated that its session be held.
Code 1919, § 5966, § 17-16; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-116. Change of place or time for holding session of Supreme Court

Whenever, by reason of the destruction, possession by a public enemy, or infection with contagious disease of any building in which the Supreme Court is to be held, it seems necessary to the Chief Justice, he shall, by proclamation, designate a place at which the Court shall be held, so long as such reason may continue, and when the circumstances require it, may postpone the time for holding the Court. In the case of the destruction of the building, the place designated by the Chief Justice shall be within the same county, city or town as the destroyed building. A copy of such designation shall be sent to the clerk and to each of the justices of the Court and published in some newspaper at the seat of government and near the regular place of session of the Court.
Code 1919, § 5967, § 5968, §§ 17-17, 17-18; 1962, c. 405; 1966, c. 348; 1971, Ex. Sess., c. 156; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-117. Certain acts of courts held at improper places confirmed

When any court has at any time prior to June 13, 1919, been held at a place not authorized by law, in consequence of the destruction of the courthouse, or other unavoidable cause, the acts and proceedings of such court shall be as valid as if the court had been held at the proper place.
Code 1919, § 5969, § 17-19; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-118. Display of flags in courtrooms

There shall be displayed inside each courtroom of a court of record in the cities and counties of the Commonwealth the flag of the United States of America and the flag of the Commonwealth of Virginia. The governing bodies of the respective counties and cities shall make provision for such display and may accept gifts or flags for such purpose.
1954, c. 132, § 17-19.1; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-119. Courts may adjourn for a period not exceeding thirty days

Any court of record may at any term, whether regular or special, adjourn from time to time for a period not exceeding thirty days until the business before it is dispatched, or until the end of its term. The judge of the court shall, during the period of such adjournment, have the power and authority to hold regular or special terms at any other place as if there had been a final adjournment of such term.
Code 1919, § 5959, § 17-21; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-120. Adjournment from day to day; effect of failure to sit on day to which adjourned

After a court is opened it shall, during the term, adjourn from day to day, unless the court shall order otherwise, and if it fails to sit on any day to which it is adjourned it may nevertheless sit on any subsequent day of the term.
Code 1919, § 5970, § 17-23; 1944, p. 399; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-121. Effect of change of time or place of court or failure to sit generally

When the place for holding any court or the day for commencing any term is changed or when a court fails to sit on any day appointed for it or to which it may have adjourned there shall be no discontinuance, but every notice, recognizance or process given, taken or returnable to the day on which the failure occurred, or to any day between that day and the next that the court may sit, or to the day and place as it was before such change, and all matters ready for the court to act upon if it had been held on any such day shall be in the same condition and have the same effect as if given, taken, returnable, or continued to the substituted term or place, or to the next day of the same term that the court may sit, or to the next court in course, as the case may be.
In the interest of justice, the chief judges of the Twenty-first and the Twenty-third Judicial Circuits may, by order, designate one or more of the courtrooms of any circuit court within their respective circuits as the courtroom or courtrooms in which civil or criminal cases whose venue is laid within the circuit may be tried. In criminal cases, jurors summoned to appear at such courtroom or courtrooms shall reside in the locality in which the crime was committed, except as otherwise provided by law.
Code 1919, § 5971, § 17-24; 1998, c. 872; 2005, c. 389.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-122. Matters not determined to stand continued

All causes on the docket of any court and all other matters ready for its decision which have not been determined before the end of a term, whether regular or special, shall, without any order of continuance, stand continued to the next term.
Code 1919, § 5972, § 17-25; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-123. How orders are recorded and signed

A. All orders that make up each day's proceedings of every circuit court shall be recorded by the clerk in a book known as the order book. Orders that make up each day's proceedings that have been recorded in the order book shall be deemed the official record pursuant to § 8.01-389 when (i) the judge's signature is shown in the order, (ii) the judge's signature is shown in the order book, or (iii) an order is recorded in the order book on the last day of each term showing the signature of each judge presiding during the term.
B. If a judge dies, retires or resigns before orders recorded in the order book have been authenticated, the orders shall have the same force and effect and shall be deemed authenticated when the signature of another judge of the same circuit court or the signature of the judge appointed to fill the vacancy or to preside over the court until the vacancy is filled is authenticated as provided in subsection A.
Code 1919, § 5962, § 17-27; 1940, p. 364; 1954, c. 175; 1966, c. 385; 1990, c. 566; 1998, c. 872; 2014, c. 291.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-124. Order books; automated systems

Except as otherwise provided herein, each circuit court clerk shall keep order books or, in lieu thereof, an automated system recording all proceedings, orders and judgments of the court in all matters, all decrees, and decretal orders of such court and all matters pertaining to trusts, the appointment and qualification of trustees, committees, administrators, executors, conservators and guardians shall be recorded, except when the same are appointed by the clerk of court, in which event the order appointing such administrators or executors, shall be made and entered in the clerk's order book. In any circuit court, the clerk may, with the approval of the chief judge of the court, by order entered of record, divide the order book into two sections, to be known as the civil order book and the criminal order book. All (i) proceedings, orders, and judgments of the court in all matters at civil law and (ii) trust fund orders, which shall include money held by a general receiver of the court pursuant to § 8.01-582 or by the clerk of the circuit court pursuant to § 8.01-600, shall be recorded in the civil order book, and all proceedings, orders and judgments of the court in all matters at criminal law shall be recorded in the criminal order book. In any proceeding brought for the condemnation of property, all proceedings, orders, judgments and decrees of the court shall be recorded in the civil order book of the court. The recordation prior to January 1, 1974, of all proceedings, orders, judgments and decrees in such cases, whether entered in the common-law order book or the chancery order book of any court, is hereby declared a valid and proper recordation of the same. Orders in cases appealed from the juvenile and domestic relations district courts shall be maintained as provided in this section and, to the extent inconsistent with this section, § 16.1-302.
The clerk shall ensure that these order books have been microfilmed or converted to or created in an electronic format. Such microfilm and microphotographic processes and equipment shall meet state microfilm standards, and such electronic format shall follow state electronic records guidelines, pursuant to § 42.1-82. The clerk shall further provide the master reel of any such microfilm for storage in the Library of Virginia and shall provide for the secured, off-site back up of any electronic copies of such records.
1926, p. 750, § 17-28; 1932, p. 765; 1936, p. 557; Michie Code 1942, § 5962a; 1962, c. 233; 1973, c. 9; 1974, c. 524; 1990, c. 258; 1997, c. 801; 1998, c. 872; 2005, c. 681; 2007, c. 567; 2010, cc. 717, 760; 2014, c. 460; 2017, c. 35.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-125. Civil order book

The clerk shall record (i) trust fund orders pursuant to §§ 17.1-123 and 17.1-124 and (ii) the annual trust fund report required pursuant to subsection G of § 8.01-600 in a book known as the civil order book, in which shall be recorded all reports, orders, and decrees concerning moneys received or to be received by general receivers pursuant to § 8.01-582 and by clerks pursuant to § 8.01-600.
1988, c. 553, § 17-28.1; 1998, c. 872; 2017, c. 35.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-128. Recording evidence and incidents of trial in certain civil cases and cost thereof; cost of transcripts; preservation of original notes or records; certified transcript prima facie correct

In all civil cases, the court or judge trying the case may by order entered of record provide for the recording verbatim of the evidence and incidents of trial either by a court reporter or by mechanical or electronic devices approved by the court. The expense of reporting and recording the trial of a civil case shall be paid by the litigants in the manner and in the proportion as the court may in its discretion direct. A transcript of the record, when required by any party, shall be paid for by such party. The court on appeal may provide that such cost may, in civil cases, be reimbursed to the party prevailing. The court shall not allow a defendant convicted of a crime from which the civil matter arose to recover such cost from the victim, as defined in § 19.2-11.01, of such crime. The failure to secure the services of a reporter, or the failure to have the case reported or recorded for any other reason, shall not affect the proceeding or trial. The reporter or other individual designated to report and record the trial shall preserve the original shorthand notes or other original records for not less than five years. The transcript in any case certified by the reporter or other individual designated to report and record the trial shall be deemed prima facie a correct statement of the evidence and incidents of trial.
The administration of this section shall be under the direction of the Supreme Court of Virginia.
1952, c. 642, § 17-30.1; 1956, c. 699; 1962, c. 419; 1964, c. 533; 1968, c. 358; 1975, c. 640; 1984, c. 752; 1994, c. 496; 1998, c. 872; 2022, c. 279.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-128.1. Recording evidence and incidents of trial in certain misdemeanor cases

In any misdemeanor case in circuit court for which no recording verbatim of the evidence and incidents of trial either by a court reporter or by mechanical or electronic devices approved by the court will be used, the court shall allow the defendant, the Commonwealth, or both to record the evidence and incidents of trial by mechanical or electronic device to aid counsel in producing a thorough, complete, and accurate written statement of facts in lieu of transcript for purposes of any appeal. The recording shall not be made a part of the record unless otherwise permitted.
2014, c. 78.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-129. Filing date and time to be noted on papers

Whenever a pleading in any civil action is filed in a circuit court, the clerk or his designee shall stamp or mark the date and time of filing on the face of such pleading.
1985, c. 369, § 17-30.3; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-130. Execution of judgments and decrees of courts no longer existing

Every judgment, decree or order entered in a court which has ceased to exist shall be executed by the court in the custody of whose clerk the record of such judgment, decree or order may be. Every judgment, decree or order of the Supreme Court effecting any judgment, decree or order shall be certified by the court and the case shall be proceeded in as if such court had rendered the same.
Code 1919, § 5974, § 17-32; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-131. Jurisdiction to issue writs of mandamus in matters pertaining to action of service district commission

The circuit court of a county or city having original and general jurisdiction of civil actions in which county or city is situated the seat of government of a service district, shall have original exclusive jurisdiction to issue writs of mandamus in all matters or proceedings arising from or pertaining to the action of the service district commission.
1968, c. 225, § 17-32.1; 1998, c. 872; 2005, c. 681.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 1 - General Provisions › § 17.1-132. Courts Technology Fund

A. There is hereby established the Courts Technology Fund as a special nonreverting fund to be administered by the Supreme Court of Virginia. A portion of the sums collected pursuant to §§ 16.1-69.48:2, 17.1-275, 17.1-328, and 17.1-418 as specified in each section shall be deposited into the state treasury to the credit of the Fund.
B. The Fund shall be established on the books of the Comptroller. Any funds remaining in the Fund at the end of the biennium shall not revert to the general fund, but shall remain in the Fund. Interest earned on the Fund shall be credited to the Fund. Except for transfers pursuant to this section, there shall be no transfers out of the Fund, including transfers to the general fund.
C. Money in the Fund shall be allocated at the direction of the Supreme Court of Virginia to staff, advance, update, maintain, replace, repair, and support the telecommunications and technology systems of the judicial system. The revenue raised in support of the Fund shall not be used to supplant current funding to the judicial branch.
2006, cc. 623, 718.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 2 - Clerks, Clerks' Offices and Records › § 17.1-200. Clerk of Supreme Court; appointment; removal

There shall be a clerk of the Supreme Court, who shall be appointed by and shall hold office at the pleasure of the Court. In addition to his regular duties as clerk, he shall perform such other duties and services as the Court may require, without additional compensation.
Code 1919, § 3378, § 17-33; 1934, p. 427; 1938, p. 131; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 2 - Clerks, Clerks' Offices and Records › § 17.1-201. Appointment of deputies; their duties; how removed, etc.

The Supreme Court, or any four of the justices thereof in vacation concurring in the appointment, may appoint one or more deputy clerks, who may discharge any of the official duties of the clerk during their continuance in office. Any deputy clerk may be removed from office by the Court or by any four of the justices thereof in vacation. Any such appointment or removal in vacation shall be in writing and shall be maintained with the records of the Court.
Code 1919, § 3379, § 17-34; 1934, p. 427; 1938, p. 131; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 2 - Clerks, Clerks' Offices and Records › § 17.1-202. Clerk, etc., of Supreme Court not to act as counsel

No clerk, deputy clerk or employee of the Supreme Court shall act as counsel in any case pending in the Court or which may be taken to the Court by appeal or otherwise. Any clerk, deputy clerk or employee violating this section shall be removed from office or employment, as the case may be, in the manner provided in § 17.1-201.
Code 1919, § 3380, § 17-35; 1938, p. 131; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 2 - Clerks, Clerks' Offices and Records › § 17.1-203. Where clerk's offices to be kept

The clerk of the Supreme Court shall maintain a clerk's office at Richmond, at such place as the Court shall direct.
Code 1919, § 3385, § 17-37; 1938, p. 132; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 2 - Clerks, Clerks' Offices and Records › § 17.1-204. Examination of office and accounts of clerk

The books and accounts of the clerk of the Supreme Court shall be audited as determined necessary by the Auditor of Public Accounts, who shall make reports of his findings to the Governor and file a copy of such report with the Court within 30 days after the completion of any such audit.
Code 1919, § 3383, § 17-39; 1934, p. 427; 1938, p. 132; 1998, c. 872; 2018, cc. 57, 307.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 2 - Clerks, Clerks' Offices and Records › § 17.1-205. Pro Hac Vice Fund

There is hereby established the Pro Hac Vice Fund, a special, nonreverting fund comprised of moneys collected pursuant to Rule 1A:4 of the Rules of the Supreme Court and subsection B of § 17.1-328. The Fund shall be established on the books of the Comptroller. All moneys received by the Clerk of the Supreme Court for this Fund shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purpose of improving the administration of justice. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written authorization of the Executive Secretary of the Supreme Court.
2007, cc. 113, 372.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 2 - Clerks, Clerks' Offices and Records › § 17.1-205.1. Sealing Fee Fund

There is hereby created in the state treasury a special nonreverting fund to be known as the Sealing Fee Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All funds accruing to the Fund pursuant to §§ 19.2-392.12 and 19.2-392.16 and all funds appropriated for such purpose and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. The Fund shall be administered by the Executive Secretary of the Supreme Court, who shall use such funds solely to fund the costs for the compensation of court-appointed counsel under the provisions of subsection L of § 19.2-392.12. Expenditures from the Fund shall be limited by an appropriation in the general appropriation act. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon request of the Executive Secretary of the Supreme Court.
2021, Sp. Sess. I, cc. 524, 542.