{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-69.40.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-69.40.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-69.40.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-69.40.html"}],"law_id":57017,"edition_id":1,"section_id":57017,"structure_id":13317,"section_number":"16.1-69.40","catch_line":"Powers and duties of clerks; civil liability","history":"1972, c. 708; 1973, c. 546; 1974, c. 671; 1978, c. 463; 1983, c. 135; 1985, c. 99; 1989, c. 229; 2001, cc. 488, 499; 2019, cc. 180, 700.","full_text":"The clerk and deputy clerks shall be conservators of the peace within the territory for which the court has jurisdiction, and may, within such judicial district, issue warrants, detention orders, and other processes, original, mesne and final, both civil and criminal, commit to jail or other detention facility, or admit to bail upon recognizance, persons charged with crimes or before the court on civil petition, subject to the limitations set forth by law, and issue subpoenas for witnesses, writs of fieri facias and writs of possession and eviction, attachments and garnishments and abstracts of judgments. A record made in the performance of the clerk’s official duties may be authenticated as a true copy by the clerk or by a deputy clerk without additional authentication by the judge to whom the clerk reports, notwithstanding the provisions of subsection B of \u00a7 8.01-391.\n\t\tNo clerk or deputy clerk shall issue any warrant or process based on complaint of his spouse, child, grandchild, parent, grandparent, parent-in-law, child-in-law, brother, sister, brother-in-law, sister-in-law, nephew, niece, uncle, aunt, first cousin, guardian or ward. They may take affidavits and administer oaths and affirmations, take and certify depositions in the same manner as a notary public, perform such other notarial acts as allowed under \u00a7 47.1-12, take acknowledgments to deeds or other writings for purposes of recordation, and issue all other legal processes which may be issued by the judge of such court and exercise such other powers and perform such other duties as are conferred or imposed upon them by law. The clerk may also issue to interested persons informational brochures authorized by a judge of such court explaining the legal rights of such persons.\n\t\tNo clerk or deputy clerk shall be civilly liable for providing information or assistance that is within the scope of his duties.\n\t\tThe clerk shall develop, implement and administer procedures necessary for the efficient operation of the clerk’s office, keep the records and accounts of the court, supervise nonjudicial personnel and discharge such other duties as may be prescribed by the judge.","order_by":null,"text":{"0":{"id":208860,"text":"The clerk and deputy clerks shall be conservators of the peace within the territory for which the court has jurisdiction, and may, within such judicial district, issue warrants, detention orders, and other processes, original, mesne and final, both civil and criminal, commit to jail or other detention facility, or admit to bail upon recognizance, persons charged with crimes or before the court on civil petition, subject to the limitations set forth by law, and issue subpoenas for witnesses, writs of fieri facias and writs of possession and eviction, attachments and garnishments and abstracts of judgments. A record made in the performance of the clerk’s official duties may be authenticated as a true copy by the clerk or by a deputy clerk without additional authentication by the judge to whom the clerk reports, notwithstanding the provisions of subsection B of \u00a7 8.01-391.\n\t\tNo clerk or deputy clerk shall issue any warrant or process based on complaint of his spouse, child, grandchild, parent, grandparent, parent-in-law, child-in-law, brother, sister, brother-in-law, sister-in-law, nephew, niece, uncle, aunt, first cousin, guardian or ward. They may take affidavits and administer oaths and affirmations, take and certify depositions in the same manner as a notary public, perform such other notarial acts as allowed under \u00a7 47.1-12, take acknowledgments to deeds or other writings for purposes of recordation, and issue all other legal processes which may be issued by the judge of such court and exercise such other powers and perform such other duties as are conferred or imposed upon them by law. The clerk may also issue to interested persons informational brochures authorized by a judge of such court explaining the legal rights of such persons.\n\t\tNo clerk or deputy clerk shall be civilly liable for providing information or assistance that is within the scope of his duties.\n\t\tThe clerk shall develop, implement and administer procedures necessary for the efficient operation of the clerk’s office, keep the records and accounts of the court, supervise nonjudicial personnel and discharge such other duties as may be prescribed by the judge.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13317,"edition_id":1,"name":"Judges and Personnel of the District Courts","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13142,"metadata":{},"date_created":"2026-06-26 03:44:38","date_modified":"2026-06-26 03:44:38","permalink":{"id":162209,"object_type":"structure","relational_id":13317,"identifier":"4","token":"16.1\/4.1\/4","url":"\/16.1\/4.1\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13142,"edition_id":1,"name":"District Courts","identifier":"4.1","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:44:21","date_modified":"2026-06-26 03:44:21","permalink":{"id":161993,"object_type":"structure","relational_id":13142,"identifier":"4.1","token":"16.1\/4.1","url":"\/16.1\/4.1\/","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":62755,"structure_id":13317,"section_number":"16.1-69.37","catch_line":"Personnel continued in office","url":"\/16.1-69.37\/","token":"16.1\/4.1\/4\/16.1-69.37","metadata":false},{"id":79551,"structure_id":13317,"section_number":"16.1-69.38","catch_line":"Authorization for substitute judges and personnel","url":"\/16.1-69.38\/","token":"16.1\/4.1\/4\/16.1-69.38","metadata":false},{"id":67637,"structure_id":13317,"section_number":"16.1-69.39","catch_line":"Appointment of personnel","url":"\/16.1-69.39\/","token":"16.1\/4.1\/4\/16.1-69.39","metadata":false},{"id":80949,"structure_id":13317,"section_number":"16.1-69.39:1","catch_line":"Legal service to district court employees and magistrates","url":"\/16.1-69.39_1\/","token":"16.1\/4.1\/4\/16.1-69.39_1","metadata":false},{"id":57017,"structure_id":13317,"section_number":"16.1-69.40","catch_line":"Powers and duties of clerks; civil liability","url":"\/16.1-69.40\/","token":"16.1\/4.1\/4\/16.1-69.40","metadata":false},{"id":78789,"structure_id":13317,"section_number":"16.1-69.40:1","catch_line":"Traffic infractions within authority of traffic violations clerk; schedule of fines; prepayment of local ordinances","url":"\/16.1-69.40_1\/","token":"16.1\/4.1\/4\/16.1-69.40_1","metadata":false},{"id":54305,"structure_id":13317,"section_number":"16.1-69.40:2","catch_line":"Nontraffic offenses for which prepayment authorized; schedules, fines; prepayment of local ordinances","url":"\/16.1-69.40_2\/","token":"16.1\/4.1\/4\/16.1-69.40_2","metadata":false},{"id":78148,"structure_id":13317,"section_number":"16.1-69.40:3","catch_line":"Financial responsibilities of judges and clerks","url":"\/16.1-69.40_3\/","token":"16.1\/4.1\/4\/16.1-69.40_3","metadata":false},{"id":82815,"structure_id":13317,"section_number":"16.1-69.41","catch_line":"Repealed","url":"\/16.1-69.41\/","token":"16.1\/4.1\/4\/16.1-69.41","metadata":false},{"id":55785,"structure_id":13317,"section_number":"16.1-69.42","catch_line":"Clerk when authorized by judge may execute appeal bonds; may make out and attest transcripts","url":"\/16.1-69.42\/","token":"16.1\/4.1\/4\/16.1-69.42","metadata":false},{"id":85799,"structure_id":13317,"section_number":"16.1-69.43","catch_line":"Judge before whom accused was arraigned may hear case on merits; judge who has heard part of case may hear case to conclusion","url":"\/16.1-69.43\/","token":"16.1\/4.1\/4\/16.1-69.43","metadata":false}],"previous_section":{"id":80949,"structure_id":13317,"section_number":"16.1-69.39:1","catch_line":"Legal service to district court employees and magistrates","url":"\/16.1-69.39_1\/","token":"16.1\/4.1\/4\/16.1-69.39_1","metadata":false},"next_section":{"id":78789,"structure_id":13317,"section_number":"16.1-69.40:1","catch_line":"Traffic infractions within authority of traffic violations clerk; schedule of fines; prepayment of local ordinances","url":"\/16.1-69.40_1\/","token":"16.1\/4.1\/4\/16.1-69.40_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-69.40\/","history_text":"

This law was first created in 1972. The record of its establishment is cataloged in chapter 708 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 1972 \u201cActs\u201d aren\u2019t available online. It has been modified 8 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 546; in 1974, chapter 671; in 1978, chapter 463; in 1983, chapter 135; in 1985, chapter 99; in 1989, chapter 229; in 2001, chapters 488<\/a> and 499<\/a>; in 2019, chapters 180<\/a> and 700<\/a>.<\/p>","references":false,"refers_to":[{"id":83722,"section_number":"47.1-12","catch_line":"Powers","order_by":null,"url":"\/47.1-12\/"},{"id":71662,"section_number":"8.01-391","catch_line":"Copies of originals as evidence (Subdivision (6) of Supreme Court Rule 2:902 derived in part from subsection D of this section and Supreme Court Rule 2:1005 derived from this section)","order_by":null,"url":"\/8.01-391\/"}],"permalink":{"id":162227,"object_type":"law","relational_id":57017,"identifier":"16.1-69.40","token":"16.1\/4.1\/4\/16.1-69.40","url":"\/16.1-69.40\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-69.40\/","token":"16.1\/4.1\/4\/16.1-69.40","dublin_core":{"Title":"Powers and duties of clerks; civil liability","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-69.40","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The clerk and deputy clerks shall be conservators of the peace within the territory for which the court<\/span> has jurisdiction<\/span>, and may, within such judicial district, issue<\/span> warrants, detention orders<\/span>, and other processes, original, mesne and final, both civil and criminal, commit to jail or other detention facility, or admit to bail<\/span> upon recognizance<\/span>, persons charged with crimes<\/span> or before the court<\/span> on civil petition<\/span>, subject to the limitations set forth by law<\/span>, and issue<\/span> subpoenas<\/span> for witnesses, writs<\/span> of fieri facias and writs<\/span> of possession<\/span> and eviction, attachments<\/span> and garnishments<\/span> and abstracts of judgments<\/span>. A record made in the performance of the clerk’s official duties may be authenticated as a true copy by the clerk or by a deputy clerk without additional authentication by the judge<\/span> to whom the clerk reports, notwithstanding the provisions of subsection B of \u00a7 8.01-391<\/a>.\n\t\tNo clerk or deputy clerk shall issue<\/span> any warrant or process based on complaint of his spouse, child, grandchild, parent, grandparent, parent-in-law<\/span>, child-in-law<\/span>, brother, sister, brother-in-law<\/span>, sister-in-law<\/span>, nephew, niece, uncle, aunt, first cousin, guardian or ward. They may take affidavits<\/span> and administer oaths<\/span> and affirmations, take and certify depositions<\/span> in the same manner as a notary public, perform such other notarial acts as allowed under \u00a7 47.1-12<\/a>, take acknowledgments to deeds or other writings for purposes of recordation, and issue<\/span> all other legal processes which may be issued by the judge<\/span> of such court<\/span> and exercise such other powers and perform such other duties as are conferred or imposed upon them by law<\/span>. The clerk may also issue<\/span> to interested persons informational brochures authorized by a judge<\/span> of such court<\/span> explaining the legal rights of such persons.\n\t\tNo clerk or deputy clerk shall be civilly liable for providing information or assistance that is within the scope of his duties.\n\t\tThe clerk shall develop, implement and administer procedures necessary for the efficient operation of the clerk’s office, keep the records and accounts of the court<\/span>, supervise nonjudicial personnel and discharge such other duties as may be prescribed by the judge<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS AND DUTIES OF CLERKS; CIVIL LIABILITY (\u00a7 16.1-69.40)\n\nThe clerk and deputy clerks shall be conservators of the peace within the\nterritory for which the court has jurisdiction, and may, within such judicial\ndistrict, issue warrants, detention orders, and other processes, original, mesne\nand final, both civil and criminal, commit to jail or other detention facility,\nor admit to bail upon recognizance, persons charged with crimes or before the\ncourt on civil petition, subject to the limitations set forth by law, and issue\nsubpoenas for witnesses, writs of fieri facias and writs of possession and\neviction, attachments and garnishments and abstracts of judgments. A record made\nin the performance of the clerk’s official duties may be authenticated as\na true copy by the clerk or by a deputy clerk without additional authentication\nby the judge to whom the clerk reports, notwithstanding the provisions of\nsubsection B of \u00a7 8.01-391.\n\t\tNo clerk or deputy clerk shall issue any warrant or process based on complaint\nof his spouse, child, grandchild, parent, grandparent, parent-in-law,\nchild-in-law, brother, sister, brother-in-law, sister-in-law, nephew, niece,\nuncle, aunt, first cousin, guardian or ward. They may take affidavits and\nadminister oaths and affirmations, take and certify depositions in the same\nmanner as a notary public, perform such other notarial acts as allowed under \u00a7\n47.1-12, take acknowledgments to deeds or other writings for purposes of\nrecordation, and issue all other legal processes which may be issued by the\njudge of such court and exercise such other powers and perform such other duties\nas are conferred or imposed upon them by law. The clerk may also issue to\ninterested persons informational brochures authorized by a judge of such court\nexplaining the legal rights of such persons.\n\t\tNo clerk or deputy clerk shall be civilly liable for providing information or\nassistance that is within the scope of his duties.\n\t\tThe clerk shall develop, implement and administer procedures necessary for the\nefficient operation of the clerk’s office, keep the records and accounts\nof the court, supervise nonjudicial personnel and discharge such other duties as\nmay be prescribed by the judge.\n\nHISTORY: 1972, c. 708; 1973, c. 546; 1974, c. 671; 1978, c. 463; 1983, c. 135;\n1985, c. 99; 1989, c. 229; 2001, cc. 488, 499; 2019, cc. 180, 700.","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}}