nm3clol-express-app/public/Virginia_Law_Library/Code_of_Virginia/CoVTitle_17.1.csv

1	17.1|COURTS OF RECORD|||||1|GENERAL PROVISIONS|||||§ 17.1-100|Judicial performance evaluation program.|<p>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 § <a href='/vacode/19.2-298.01/'>19.2-298.01</a>. The Virginia Criminal Sentencing Commission shall provide such information to the Supreme Court by November 1.</p><p>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.</p><p>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.</p><p>2002	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0726'>726</a>; 2005	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0633'>633</a>; 2014	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0808'>808</a>; 2018	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0727'>727</a>.</p>
2	17.1|COURTS OF RECORD|||||1|GENERAL PROVISIONS|||||§ 17.1-103|Residence requirements of judges.|<p>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.</p><p>Code 1919	§ 5977	§ 17-5; 1964	c. 108; 1970	c. 122; 1971	Ex. Sess.	c. 50; 1998	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0872'>872</a>.</p>
3	17.1|COURTS OF RECORD|||||1|GENERAL PROVISIONS|||||§ 17.1-113|Places of holding courts; certain orders and decrees entered elsewhere.|<p>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.</p><p>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.</p><p>Code 1919	§ 5964	§ 17-14; 1940	p. 325; 1998	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0872'>872</a>; 2005	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0389'>389</a>.</p>
4	17.1|COURTS OF RECORD|||||1|GENERAL PROVISIONS|||||§ 17.1-123|How orders are recorded and signed.|<p>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 § <a href='http://law.lis.virginia.gov/vacode/8.01-389/'>8.01-389</a> 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.</p><p>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.</p><p>Code 1919	§ 5962	§ 17-27; 1940	p. 364; 1954	c. 175; 1966	c. 385; 1990	c. 566; 1998	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0872'>872</a>; 2014	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0291'>291</a>.</p>
5	17.1|COURTS OF RECORD|||||2|CLERKS	CLERKS' OFFICES AND RECORDS|2|OTHER CLERKS AND CLERKS' OFFICES|||§ 17.1-221|Reports by clerks of the business of courts of record.|<p>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.</p><p>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.</p><p>Code 1919	§ 3405	§ 17-57; 1928	p. 1121; 1938	p. 129; 1944	p. 131; 1964	c. 10; 1984	c. 703; 1998	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0872'>872</a>.</p>
6	17.1|COURTS OF RECORD|||||2|CLERKS	CLERKS' OFFICES AND RECORDS|7|FEES|||§ 17.1-268|Fee for effort to serve when person cannot be found.|<p>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 make return thereon and shall after due effort and without fault be unable to locate such person or make service of such process in some method provided by law	the sheriff shall be paid the same fee provided by law for serving an order	notice or other process and making return thereof	to be taxed as other costs. When service is required in a proceeding not pending in a court then the service shall be paid for by the party at whose instance it is had. No fee shall be paid unless the sheriff returns such paper unexecuted and makes and files therewith an affidavit setting forth the fact that he has made diligent effort to execute such paper and without avail.</p><p>Code 1950	§ 14-107; 1964	c. 386	§ 14.1-96; 1971	Ex. Sess.	c. 155; 1998	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0872'>872</a>.</p>
7	17.1|COURTS OF RECORD|||||2|CLERKS	CLERKS' OFFICES AND RECORDS|7|FEES|||§ 17.1-280|What costs chargeable against prosecutor.|<p>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 than a public officer charged with the enforcement of the laws	and the warrant is dismissed or the accused discharged from the charge or charges	the judge before whom the proceeding is held may give judgment against the prosecutor in favor of the accused for his costs. If the judge believes from the evidence that the warrant was procured by the prosecutor through malice or without reasonable and probable cause	the judge shall grant judgment in favor of the accused for his costs.</p><p>Code 1950	§ 14-140; 1960	c. 369; 1964	c. 386	§ 14.1-131; 1998	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0872'>872</a>.</p>
8	17.1|COURTS OF RECORD|||||3|SUPREME COURT|1|Composition	Jurisdiction	etc|||§ 17.1-310|Habeas corpus	appeals	writs of error and supersedeas.|<p>The Supreme Court shall also have jurisdiction to award writs of habeas corpus and of such appeals	writs of error and supersedeas as may be legally docketed in or transferred to the Court.</p><p>Code 1919	§ 5865	§ 17-97; 1995	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0503'>503</a>; 1998	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0872'>872</a>; 2021	Sp. Sess. I	cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0344'>344</a>	<a href='http://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0345'>345</a>.</p>
9	17.1|COURTS OF RECORD|||||3|SUPREME COURT|1|COMPOSITION	JURISDICTION	ETC|||§ 17.1-316|Printing and binding reports of Supreme Court.|<p>When notified by the reporter of the Supreme Court that he has sufficient copy to issue a volume of the Virginia Reports	or a substantial part thereof	the Executive Secretary of the Supreme Court of Virginia shall order the printing of such copy. The Executive Secretary of the Supreme Court of Virginia shall order sufficient copies for distribution as set forth in § <a href='http://law.lis.virginia.gov/vacode/17.1-319/'>17.1-319</a> and for sale to the public.</p><p>All reports sold by authority of this section shall be sold at a price per volume fixed by the Executive Secretary	said price to be reasonable and sufficient to cover the cost of printing	binding	mailing and handling. The receipts from such sales shall be paid into the state treasury and credited as revenue to a special fund for use by the Supreme Court. The Executive Secretary may arrange for quantity	volume sales to book dealers or publishers for resale and on such quantity sales he may allow a reasonable discount; but the Executive Secretary may limit such sales whenever such sales would reduce the stock below a reasonable number of volumes to be held for sale to individuals for their own use.</p><p>1980	c. 615	§ 17-111.3; 1983	c. 588; 1998	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0872'>872</a>.</p>
10	17.1|COURTS OF RECORD|||||5|CIRCUIT COURTS|1|ESTABLISHMENT; JURISDICTION; ETC|||§ 17.1-513.01|Jurisdiction of circuit courts with respect to charitable assets.|<p>A. The circuit courts shall have the same subject matter jurisdiction over matters pertaining to assets of charitable corporations	incorporated in or doing any business in Virginia	as the circuit courts have with respect to assets held by unincorporated charitable trusts and other charitable entities	including the power to require accountings	appoint receivers	award damages	and enter injunctive relief against such charitable corporations	their officers	directors	agents	employees and others as may be necessary to protect the public interest in such assets.</p><p>B. Nothing contained in this section is intended to modify the standard of conduct applicable under existing law to the directors of charitable corporations incorporated in or doing any business in Virginia.</p><p>2002	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0792'>792</a>; 2004	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0289'>289</a>.</p>
11	17.1|COURTS OF RECORD|||||5|CIRCUIT COURTS|1|ESTABLISHMENT; JURISDICTION; ETC|||§ 17.1-519|Adjournment thereof to a future day.|<p>Whenever any judge of a circuit court has appointed a special term of any circuit court	by adjournment or warrant in the manner directed by § <a href='http://law.lis.virginia.gov/vacode/17.1-518/'>17.1-518</a>	and shall afterward ascertain that he cannot hold the special term on the day appointed for it	he may	by warrant	directed to the clerk of the court	adjourn it to such other day as he deems proper. The warrant shall be transmitted to the clerk	who shall immediately enter it in the order book of the court and	as to the special term thereafter to be held under the continuance	proceed in all other respects in the manner directed by § <a href='http://law.lis.virginia.gov/vacode/17.1-518/'>17.1-518</a>.</p><p>Code 1919	§ 5895	§ 17-130; 1998	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0872'>872</a>.</p>
12	17.1|COURTS OF RECORD|||||6|COSTS GENERALLY|||||§ 17.1-605|Same; printing or otherwise reproducing brief and appendix.|<p>Any party in whose favor costs are allowed in the Supreme Court shall have taxed as part of the costs the actual cost incurred by him in printing or otherwise any brief filed with the Court	not to exceed $500 for all briefs filed and the actual cost incurred by him in printing or otherwise reproducing the appendix containing parts of the record filed with the Court	except that the Court for good cause may direct that such party shall recover less than the entire cost incurred by him in printing or otherwise reproducing (i) briefs filed by him (even though less than $500) or (ii) the appendix.</p><p>Code 1950	§ 14-179; 1958	c. 601; 1964	c. 386	§ 14.1-182; 1970	c. 250; 1971	Ex. Sess.	c. 156; 1972	c. 856; 1998	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0872'>872</a>; 2010	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0343'>343</a>.</p>
13	17.1|COURTS OF RECORD|||||6|COSTS GENERALLY|||||§ 17.1-608|How obligor in such bond may obtain indemnity.|<p>On the motion of an obligor in such bond	after reasonable notice to the plaintiff	his attorney-at-law or agent	the court may order bond to be given	with sufficient surety	in a penalty equal to the penalty of the former bond	payable to the applicant and with condition to indemnify and save harmless the applicant against all loss or damage	in consequence of executing the former bond. If the bond required under this section is not given within such time as the court may prescribe	it may order the suit to be dismissed.</p><p>Code 1950	§ 14-183; 1964	c. 386	§ 14.1-186; 1998	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0872'>872</a>.</p>
14	17.1|COURTS OF RECORD|||||6|COSTS GENERALLY|||||§ 17.1-623|Payment of allowances.|<p>The treasurer of such political subdivision shall upon demand pay to such juror the amount allowed him by negotiable check	cash	or electronic transfer which shall be repaid to such treasurer out of the public treasury or out of the political subdivision levy	as the case may be	upon the production of satisfactory proof that the same has been actually paid by him. But such treasurer shall not be repaid any allowance made against the Commonwealth unless it appear on the list directed to be sent to the Supreme Court. No such allowance shall be paid unless presented within two years from the time of rendering the service.</p><p>Code 1950	§ 8-208.38; 1973	c. 439	§ 14.1-195.6; 1975	c. 193; 1977	c. 624; 1978	c. 195; 1998	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0872'>872</a>; 2005	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0173'>173</a>.</p>
15	17.1|COURTS OF RECORD|||||6|COSTS GENERALLY|||||§ 17.1-626.1|Recovery of costs in civil actions for bad checks.|<p>A. In any civil action by a holder to recover the sum payable of a check drawn by the defendant on which payment has been refused by the payor bank because the drawer had no account or insufficient funds	or in any civil action following an arrest under § <a href='http://law.lis.virginia.gov/vacode/18.2-181/'>18.2-181</a> or <a href='http://law.lis.virginia.gov/vacode/18.2-182/'>18.2-182</a>	the court	upon a determination that the plaintiff has prevailed	shall add the following amounts	as costs	to the amount due to the plaintiff for the check: (i) the sum of $30 to defray the cost of processing the returned check; and (ii) the base wage of one employee for time actually spent acting as a witness for the Commonwealth; provided	however	that the total amount of allowable costs granted under the provisions of this section shall not exceed the sum of $250 excluding restitution for the amount of the check.</p><p>B. Such award of costs shall be contingent upon a finding (i) that the plaintiff complied with the provisions in § <a href='http://law.lis.virginia.gov/vacode/18.2-183/'>18.2-183</a> relating to notice and (ii) that the defendant failed to deliver payment or evidence of bank error to the plaintiff within five days after receipt of such notice.</p><p>1977	c. 329	§ 6.1-118.1; 2010	cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0343'>343</a>	<a href='http://lis.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0794'>794</a>.</p>
16	17.1|COURTS OF RECORD|||||9|Judicial Inquiry and Review Commission|||||§ 17.1-905|Annual report.|<p>On or before December 1 of each year	the Commission shall publish a report detailing the activities of the Commission for the prior year. The report shall include the number of complaints filed with the Commission; the number of complaints originating from attorneys	judges	court employees	or the general public; the number of complaints dismissed based on (i) failure to fall within the jurisdiction of the Commission	(ii) failure to state a violation of the Canons of Judicial Conduct	or (iii) failure of the Commission to reach a conclusion that the Canons were breached; the number of complaints for which the Commission concluded that the Canons of Judicial Conduct were breached; and the number of cases from which the staff or any member of the Commission recused himself due to an actual or possible conflict. The report shall also include (a) the name of any judge who the Commission concluded breached the Canons of Judicial Conduct and took disciplinary action against as a result of such conclusion	if the date on which the Commission reached such conclusion was after the previous annual report was published; (b) the specific Canons of Judicial Conduct breached by such judge; and (c) the disciplinary action taken against such judge by the Commission.</p><p>1997	cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0914'>914</a>	<a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0921'>921</a>	§ <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0002'>2</a>.1-37.8:1; 2001	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>; 2023	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+CHAP0700'>700</a>.</p>
17	17.1|COURTS OF RECORD|||||9|Judicial Inquiry and Review Commission|||||§ 17.1-907|Oaths; inspection of books and records; subpoenas.|<p>In the conduct of investigations and formal hearings	the Commission may (i) administer oaths and affirmations; (ii) order and otherwise provide for the inspection of books and records; and (iii) issue subpoenas for the attendance of witnesses and the production of papers	books	accounts	documents	and other records or tangible evidence relevant to any such investigation or formal hearing.</p><p>The power to administer oaths and affirmations	to issue subpoenas	or to make orders for or concerning the inspection of books and records may be exercised by any member of the Commission	unless the Commission shall otherwise determine.</p><p>1971	Ex. Sess.	c. 154	§ 2.1-37.9; 2001	c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>.</p>