CODE OF VIRGINIA

ORDER BOOKS; AUTOMATED SYSTEMS (§ 17.1-124)

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 proceedings, orders and
judgments of the court in all matters at civil law 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.

HISTORY: 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.