{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-118.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-118.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-118.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-118.1.html"}],"law_id":78717,"edition_id":1,"section_id":78717,"structure_id":13176,"section_number":"16.1-118.1","catch_line":"Destruction of papers in civil cases in certain district courts","history":"1966, c. 404; 1973, c. 143; 1977, c. 169; 1982, c. 153; 2007, c. 813.","full_text":"In Henrico County or Montgomery County, the clerk of any district court in which papers are filed and preserved under \u00a7 16.1-69.55 may destroy the files, papers and records connected with any civil case in such court, if:\n\n1\n\nSuch 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; or2\n\nJudgment 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; or3\n\nNo 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; and4\n\nThe 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; and5\n\nThe audit has been made for the period to which the files, papers and records are applicable.","order_by":null,"text":{"0":{"id":282047,"text":"In Henrico County or Montgomery County, the clerk of any district court in which papers are filed and preserved under \u00a7 16.1-69.55 may destroy the files, papers and records connected with any civil case in such court, if:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":282048,"text":"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","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":282049,"text":"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","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":282050,"text":"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","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":282051,"text":"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","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":282052,"text":"The audit has been made for the period to which the files, papers and records are applicable.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4"}},"ancestry":[{"id":13176,"edition_id":1,"name":"Procedure in Civil Cases","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13175,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":162399,"object_type":"structure","relational_id":13176,"identifier":"3","token":"16.1\/6\/3","url":"\/16.1\/6\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13175,"edition_id":1,"name":"Venue, Jurisdiction and Procedure in Civil Matters","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":162373,"object_type":"structure","relational_id":13175,"identifier":"6","token":"16.1\/6","url":"\/16.1\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73499,"structure_id":13176,"section_number":"16.1-100","catch_line":"Additional executions; by whom issued","url":"\/16.1-100\/","token":"16.1\/6\/3\/16.1-100","metadata":false},{"id":86974,"structure_id":13176,"section_number":"16.1-101","catch_line":"Proceedings against officer failing to make or making improper return","url":"\/16.1-101\/","token":"16.1\/6\/3\/16.1-101","metadata":false},{"id":86518,"structure_id":13176,"section_number":"16.1-102","catch_line":"Officers and sureties liable for money collected after return day","url":"\/16.1-102\/","token":"16.1\/6\/3\/16.1-102","metadata":false},{"id":78448,"structure_id":13176,"section_number":"16.1-103","catch_line":"Proceedings by interrogatories","url":"\/16.1-103\/","token":"16.1\/6\/3\/16.1-103","metadata":false},{"id":54194,"structure_id":13176,"section_number":"16.1-104","catch_line":"Repealed","url":"\/16.1-104\/","token":"16.1\/6\/3\/16.1-104","metadata":false},{"id":86498,"structure_id":13176,"section_number":"16.1-105","catch_line":"Attachments","url":"\/16.1-105\/","token":"16.1\/6\/3\/16.1-105","metadata":false},{"id":79702,"structure_id":13176,"section_number":"16.1-106","catch_line":"Appeals from courts not of record in civil cases","url":"\/16.1-106\/","token":"16.1\/6\/3\/16.1-106","metadata":false},{"id":77862,"structure_id":13176,"section_number":"16.1-106.1","catch_line":"Withdrawal of appeal in civil cases","url":"\/16.1-106.1\/","token":"16.1\/6\/3\/16.1-106.1","metadata":false},{"id":55864,"structure_id":13176,"section_number":"16.1-107","catch_line":"Requirements for appeal","url":"\/16.1-107\/","token":"16.1\/6\/3\/16.1-107","metadata":false},{"id":67526,"structure_id":13176,"section_number":"16.1-108","catch_line":"Deposit of money in lieu of bond","url":"\/16.1-108\/","token":"16.1\/6\/3\/16.1-108","metadata":false},{"id":58518,"structure_id":13176,"section_number":"16.1-109","catch_line":"Appellate court may require new or additional security","url":"\/16.1-109\/","token":"16.1\/6\/3\/16.1-109","metadata":false},{"id":71245,"structure_id":13176,"section_number":"16.1-110","catch_line":"Bankruptcy of appellant does not release surety","url":"\/16.1-110\/","token":"16.1\/6\/3\/16.1-110","metadata":false},{"id":78313,"structure_id":13176,"section_number":"16.1-111","catch_line":"Court to which appeal sent","url":"\/16.1-111\/","token":"16.1\/6\/3\/16.1-111","metadata":false},{"id":79859,"structure_id":13176,"section_number":"16.1-112","catch_line":"All papers transmitted to appellate court; 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to whom directed","url":"\/16.1-99\/","token":"16.1\/6\/3\/16.1-99","metadata":false}],"previous_section":{"id":86399,"structure_id":13176,"section_number":"16.1-118","catch_line":"When papers in civil cases returned to courts of record may be destroyed","url":"\/16.1-118\/","token":"16.1\/6\/3\/16.1-118","metadata":false},"next_section":{"id":69715,"structure_id":13176,"section_number":"16.1-79","catch_line":"Actions brought on warrant","url":"\/16.1-79\/","token":"16.1\/6\/3\/16.1-79","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-118.1\/","history_text":"

This law was first created in 1966. The record of its establishment is cataloged in chapter 404 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1966 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s 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<\/a>.<\/p>","references":[{"id":74109,"section_number":"16.1-69.58","catch_line":"Processing, retention and reproduction of court records; retention and destruction of records in which final disposition was entered before January 1, 1985","order_by":null,"url":"\/16.1-69.58\/"}],"refers_to":[{"id":68420,"section_number":"16.1-69.55","catch_line":"Retention of case records; limitations on enforcement of judgments; extensions","order_by":null,"url":"\/16.1-69.55\/"},{"id":75565,"section_number":"8.01-251","catch_line":"Limitations on enforcement of judgments","order_by":null,"url":"\/8.01-251\/"}],"permalink":{"id":162485,"object_type":"law","relational_id":78717,"identifier":"16.1-118.1","token":"16.1\/6\/3\/16.1-118.1","url":"\/16.1-118.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-118.1\/","token":"16.1\/6\/3\/16.1-118.1","dublin_core":{"Title":"Destruction of papers in civil cases in certain district courts","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-118.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In Henrico County or Montgomery County, the clerk of any district court<\/span> in which papers are filed and preserved under \u00a7 16.1-69.55<\/a> may destroy the files, papers and records connected with any civil case in such court<\/span>, if:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Such case was dismissed without any adjudication of the merits of the controversy, and the final order<\/span> entered was one of dismissal<\/span> and one year has elapsed from the date of such dismissal<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Judgment<\/span> was entered in such case but the right to issue<\/span> an execution or bring a motion<\/span> to extend the period for enforcing a judgment<\/span> or an action on such judgment<\/span> is barred by § 8.01-251<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> No service of the warrant or motion<\/span> or other process or summons<\/span> was had on any defendant<\/span> and one year has elapsed from the date of such process or summons<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The destruction of such papers is authorized and directed by an order of the judge<\/span> of the court<\/span> 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 <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The audit has been made for the period to which the files, papers and records are applicable. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDESTRUCTION OF PAPERS IN CIVIL CASES IN CERTAIN DISTRICT COURTS (\u00a7 16.1-118.1)\n\nIn Henrico County or Montgomery County, the clerk of any district court in which\npapers are filed and preserved under \u00a7 16.1-69.55 may destroy the files, papers\nand records connected with any civil case in such court, if:\n\n1. Such case was dismissed without any adjudication of the merits of the\ncontroversy, and the final order entered was one of dismissal and one year has\nelapsed from the date of such dismissal; or\n\n2. Judgment was entered in such case but the right to issue an execution or\nbring a motion to extend the period for enforcing a judgment or an action on\nsuch judgment is barred by § 8.01-251; or\n\n3. No service of the warrant or motion or other process or summons was had on\nany defendant and one year has elapsed from the date of such process or summons;\nand\n\n4. The destruction of such papers is authorized and directed by an order of the\njudge of the court in which they are preserved, which order may refer to such\npapers by any one or more of the above classifications, or to any group or kind\nof cases embraced therein, without express reference to any particular case; and\n\n5. The audit has been made for the period to which the files, papers and records\nare applicable.\n\nHISTORY: 1966, c. 404; 1973, c. 143; 1977, c. 169; 1982, c. 153; 2007, c. 813.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}