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 ...

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 ...

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 ...

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, ...

17.1-204 Examination of office and accounts of clerk
The books and accounts of the clerk of the Supreme Court shall be audited annually and at such other times as the Court may deem ...

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 ...

17.1-206 Where offices to be located
The clerk's office of every circuit court, or any division thereof, of any county or city shall be kept at the courthouse of such county ...

17.1-207 Days of operation of clerks' offices
A. The clerk's office of every court shall be kept open on every day except Saturday, except as provided in subsection B, and Sunday, and ...

17.1-208 Records, etc., open to inspection; copies; exception
Except as otherwise provided by law, any records and papers of every circuit court that are maintained by the clerk of the circuit court shall ...

17.1-209 Preservation of papers in clerk's office
All papers lawfully returned to, or filed in, the clerk's office shall be preserved therein until legally delivered out, and shall not be destroyed, even ...

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 ...

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 ...

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 ...

17.1-213 Disposition of papers in ended cases
A. All case files for cases ended prior to January 1, 1913, shall be permanently maintained in hardcopy form, either in the locality served by ...

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 ...

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 ...

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 ...

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 ...

17.1-218 Certified lists of county, district, town and city officers, and constitutional officers; vacancie...
The clerk of the circuit court of each county and city shall annually, by July 1, send to the Secretary of the Commonwealth a list ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

17.1-223 Duty of clerk to record writings, etc., and make index
A. Every writing authorized by law to be recorded, with all certificates, plats, schedules or other papers thereto annexed or thereon endorsed, upon payment of ...

17.1-224 Copy of illegible instrument used for making permanent photostat record
In offices of clerks of courts of record in which instruments are recorded by any photographic process, the clerk may, in the event any such ...

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 maintained by ...

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 ...

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 ...

17.1-227.1 Use of cover sheets on deeds or other instruments by circuit court clerks
Circuit court clerks may require that any deed or other instrument conveying or relating to an interest in real property be filed with a cover ...

17.1-228 Recording releases of deeds of trust, partial releases of deeds of trust, court ordered releases, o...
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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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." ...

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 ...

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 ...

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 ...

17.1-238 State highway plat book
A loose-leaf book known as "state highway plat book," which shall be provided by the Department of Transportation, shall be installed in the circuit court ...

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 ...

17.1-240 Recording by microphotographic or electronic process
A procedural microphotographic process, digital reproduction, or any other micrographic process which stores images of documents in reduced size or in electronic format, may be ...

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 ...

17.1-242 Custody of books, records, etc
The circuit court clerks shall have custody of and shall keep all books, records, maps and papers deposited in their offices as well as records ...

17.1-243 Courts to have land books bound
The circuit courts shall bind, in volumes of convenient size, all books in their respective clerks' offices not currently bound showing the assessments of lands ...

17.1-244 Books, etc., in clerks' offices rebound, transcribed, microfilmed or digitally reproduced; credit g...
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 ...

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 ...

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 ...

17.1-247 When and how clerk to verify his record
The clerk of every court of record shall verify the accuracy of the records made by him, by a careful examination and comparison with the ...

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 ...

17.1-249 General indexes for clerks' offices; daily index
A. There shall be kept in every clerk's office modern, family name or ledgerized alphabetical key-table general indexes to all deed books, miscellaneous liens, will ...

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 ...

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 ...

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 ...

17.1-253 Committee to inquire into necessity of general index; report; plan adopted; locality to cover cos...
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 ...

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 ...

17.1-255 , 17.1-256
Expired. ...

17.1-257 Description unavailable
Repealed by Acts 2000, c. 800, cl. 2. ...

17.1-258 Description unavailable
Expired. ...

17.1-258.1 Description unavailable
Repealed by Acts 2003, c. 127, cl. 2. ...

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 ...

17.1-258.3 Electronic filing in civil or criminal actions
A clerk of circuit court may establish a system for electronic filing in civil or criminal actions that shall be governed by Rule 1:17 of ...

17.1-258.3:1 Electronic filing of land records
A clerk of a circuit court may provide a network or system for electronic filing of land records in accordance with the Uniform Real Property ...

17.1-258.4 Signature; when effective as original
A. If the electronically filed document contains an electronic signature pursuant to the Uniform Electronic Transactions Act (§ 59.1-479 et seq.), any statutory requirement for ...

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 ...

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 ...

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 ...

17.1-261 Recordation of names of men who served during World War I
The clerk of the circuit court of each county or city shall preserve the book or books in which have been recorded the lists of ...

17.1-262 Recordation of discharges of those who served in World War I
Whenever the honorable discharge of any person who served in the military or naval forces of the United States or its associates during World War ...

17.1-263 World War I Memorial Record
Each circuit court clerk shall maintain a loose-leaf binder suitable for permanent record purposes of such standard form as was prescribed by the Virginia World ...

17.1-264 Recording information on discharges of World War II servicemen
A. When the honorable or dishonorable discharge of any person who served in the armed forces of the United States, or its associates, during World ...

17.1-265 Recordation of evidence of discharge generally; confidentiality
A. The clerk of the circuit court of the county or city wherein a person discharged from the armed forces of the United States resides ...

17.1-266 Services rendered in Commonwealth's cases
No clerk, sheriff or other officer shall receive payment out of the state treasury for any services rendered in cases of the Commonwealth, whether in ...

17.1-267 Services for which clerks may not charge
A. No clerk shall charge for taking bond from, administering oath to, or making or copying orders as to the appointment or qualification of any ...

17.1-268 Fee for effort to serve when person cannot be found
Whenever a sheriff is required to serve a declaration in ejectment or an order, notice, summons or other process in a pending civil case and ...

17.1-269 To whom fees charged
Unless otherwise provided, the fees mentioned in this article shall be chargeable to the party at whose instance the service is performed, except that fees ...

17.1-270 Officer to state fees, etc., on affidavit, deposition or report
A notary or other officer returning affidavits or depositions of witnesses and a commissioner returning a report shall state at the foot thereof the fees ...

17.1-271 Deposit of money in bank
Whenever any clerk of a court receives or collects any money for or on account of the Commonwealth or any county, city, town or person, ...

17.1-272 Process and service fees generally
A. The fee for process and service in the following instances shall be $12: 1. Service on any person, firm or corporation, an order, notice, ...

17.1-273 Establishment and disposition of fees collected by certain high constable
Notwithstanding any provision of law to the contrary, including a general or special act, the City of Norfolk, may, by duly adopted local ordinance, establish ...

17.1-274 Commission on forthcoming bond
A. The commission to be included in a forthcoming bond, when one is taken, shall be five percent. Such commission shall not be received unless ...

17.1-275 Fees collected by clerks of circuit courts; generally
A. A clerk of a circuit court shall, for services performed by virtue of his office, charge the following fees: 1. [Repealed.] 2. For recording ...

17.1-275.1 Fixed felony fee
Upon conviction of any and each felony charge or upon a deferred disposition of proceedings in circuit court in the case of any and each ...

17.1-275.2 Fixed fee for felony reduced to misdemeanor
In circuit court, upon the conviction of a person of any and each misdemeanor reduced from a felony charge, or upon a deferred disposition of ...

17.1-275.3 Fixed felony revocation fee
Upon the partial or full revocation of suspension of sentence or probation of a convicted felon pursuant to § 19.2-306, other than a revocation for ...

17.1-275.4 Fixed misdemeanor reduced from felony revocation fee
In circuit court, when a person whose charge was reduced from a felony charge is convicted of a misdemeanor and subsequently suffers partial or full ...

17.1-275.5 Amounts to be added; judgment in favor of the Commonwealth
A. The clerk shall assess, in addition to the fees provided for by §§ 17.1-275.1 through 17.1-275.4, 17.1-275.7, 17.1-275.8, or § 17.1-275.9, the following costs: ...

17.1-275.6 Fees collected from court reporter fund
Notwithstanding any other provision of law, in any court in which electronic devices are used for recording testimony, a sum not to exceed twenty dollars ...

17.1-275.7 Fixed misdemeanor fee
In circuit court, upon (i) conviction of any and each misdemeanor, not originally charged as a felony; (ii) a deferred disposition of proceedings in the ...

17.1-275.8 Fixed drug misdemeanor fee
In circuit court, upon conviction of any and each misdemeanor charge, whether or not originally charged as a felony, for a violation of any provision ...

17.1-275.9 Fixed misdemeanor revocation fee
In circuit court, when a person is convicted of a misdemeanor not originally charged as a felony and subsequently suffers partial or full revocation of ...

17.1-275.10 Additional fee
Beginning May 1, 2003, in addition to the fees set forth in §§ 17.1-275.1, 17.1-275.2, 17.1-275.3, 17.1-275.4, 17.1-275.7, 17.1-275.8, and 17.1-275.9, there shall be assessed ...

17.1-275.11 Additional fee assessed for conviction of certain offenses
Beginning May 1, 2003, the clerk shall assess a person, in addition to the fees provided for by §§ 17.1-275.1, 17.1-275.2, 17.1-275.3, 17.1-275.4, 17.1-275.5, 17.1-275.7, ...

17.1-276 Fee allowed for providing secure remote access to land records
A clerk of the circuit court who provides secure remote access to land records pursuant to § 17.1-294 may charge a fee established by the ...

17.1-277 Description unavailable
Repealed by Acts 2002, c. 831, cl. 2, effective July 1, 2003. ...

17.1-278 Additional fees in certain courts; use by Virginia State Bar
In addition to the fees prescribed by § 16.1-69.48:2 and subdivision A 13 of § 17.1-275 and to be collected by the clerk of the ...

17.1-279 Additional fee to be assessed by circuit court clerks for information technology
A. In addition to the fees otherwise authorized by this chapter, the clerk of each circuit court shall assess a $5 fee, known as the ...

17.1-280 What costs chargeable against prosecutor
If any warrant of arrest for a misdemeanor or felony, or any search warrant, is issued or procured at the instance of a prosecutor, other ...

17.1-281 Assessment for courthouse construction, renovation or maintenance
Any county or city, through its governing body, may assess a sum not in excess of two dollars as part of the costs in (i) ...

17.1-282 Description unavailable
Reserved. ...

17.1-283 Statements required of clerks of courts of record; exceptions
A. Every clerk of a court of record, except the Clerks of the Supreme Court and the Court of Appeals, shall file monthly with the ...

17.1-284 How excess payable into state or local treasury determined
In determining the excess, if any, to be paid into the state treasury by the clerks, all fees, allowances, commissions, salary or other compensation or ...

17.1-285 Payment of excess
A. The Commonwealth shall be entitled to one-third of the excess fees collected by clerks as required to be reported under § 17.1-283 and the ...

17.1-286 Disposition of state funds locally collected
All state funds collected by clerks of courts shall be paid into the state treasury without deductions on account of their compensation or on account ...

17.1-287 Salaries of clerks of circuit courts
The annual salaries of clerks of circuit courts shall be as prescribed in the general appropriation act. (1982, c. 589, § 14.1-143.2; 1986, c. 370; ...

17.1-288 Compensation and expenses of clerks of circuit courts in Cities of Richmond and Newport New...
In the City of Richmond and in the City of Newport News, the clerk of the circuit court shall be paid a salary by the ...

17.1-289 Commission on certain local collections not otherwise provided for
The clerk of every circuit court shall be entitled to a commission of five percent on local collections received by the clerk on which a ...

17.1-290 Contracts by cities
Subject to the approval of the Compensation Board, the council of any city may enter into contracts with officers providing for salaries for the maximum ...

17.1-291 Penalty for officers
Any officer failing to comply with the duties imposed upon him by the provisions of this article shall forfeit to the Commonwealth not less than ...

17.1-292 Applicability; definitions
A. The provisions of § 17.1-293 of this article shall apply to clerks of the courts of record as defined in § 1-212 and courts ...

17.1-293 Posting and availability of certain information on the Internet; prohibitions
A. Notwithstanding Chapter 37 (§ 2.2-3700 et seq.) of Title 2.2 or subsection B of this section, it shall be unlawful for any court clerk ...

17.1-294 Secure remote access to land records
A. No circuit court clerk shall provide secure remote access to any land record that does not comply with the provisions of this section and ...

17.1-295 Definitions
As used in this title: "Electronic recording of land records" means the networks or systems maintained by a clerk of the circuit court, or the ...