§ 16.1-118.1 Destruction of papers in civil cases in certain district courts
In Henrico County or Montgomery County, the clerk of any district court in which papers are filed and preserved under § 16.1-69.55 may destroy the files, papers and records connected with any civil case in such court, if:
1. Such case was dismissed without any adjudication of the merits of the controversy, and the final order entered was one of dismissal and one year has elapsed from the date of such dismissal; or
2. Judgment was entered in such case but the right to issue an execution or bring a motion to extend the period for enforcing a judgment or an action on such judgment is barred by § 8.01-251; or
3. No service of the warrant or motion or other process or summons was had on any defendant and one year has elapsed from the date of such process or summons; and
4. The destruction of such papers is authorized and directed by an order of the judge of the court in which they are preserved, which order may refer to such papers by any one or more of the above classifications, or to any group or kind of cases embraced therein, without express reference to any particular case; and
5. The audit has been made for the period to which the files, papers and records are applicable.
History
This law was first created in 1966. The record of its establishment is cataloged in chapter 404 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1966 “Acts” aren’t available online. It has been modified 4 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1973, chapter 143; in 1977, chapter 169; in 1982, chapter 153; in 2007, chapter 813.
1966, c. 404; 1973, c. 143; 1977, c. 169; 1982, c. 153; 2007, c. 813.