{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/17.1-128.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/17.1-128.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/17.1-128.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/17.1-128.1.html"}],"law_id":74087,"edition_id":1,"section_id":74087,"structure_id":13578,"section_number":"17.1-128.1","catch_line":"Recording evidence and incidents of trial in certain misdemeanor cases","history":"2014, c. 78.","full_text":"In any misdemeanor case in circuit court for which no recording verbatim of the evidence and incidents of trial either by a court reporter or by mechanical or electronic devices approved by the court will be used, the court shall allow the defendant, the Commonwealth, or both to record the evidence and incidents of trial by mechanical or electronic device to aid counsel in producing a thorough, complete, and accurate written statement of facts in lieu of transcript for purposes of any appeal. The recording shall not be made a part of the record unless otherwise permitted.","order_by":null,"text":{"0":{"id":266450,"text":"In any misdemeanor case in circuit court for which no recording verbatim of the evidence and incidents of trial either by a court reporter or by mechanical or electronic devices approved by the court will be used, the court shall allow the defendant, the Commonwealth, or both to record the evidence and incidents of trial by mechanical or electronic device to aid counsel in producing a thorough, complete, and accurate written statement of facts in lieu of transcript for purposes of any appeal. The recording shall not be made a part of the record unless otherwise permitted.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13578,"edition_id":1,"name":"General Provisions","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12766,"metadata":{},"date_created":"2026-06-26 03:45:18","date_modified":"2026-06-26 03:45:18","permalink":{"id":162801,"object_type":"structure","relational_id":13578,"identifier":"1","token":"17.1\/1","url":"\/17.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12766,"edition_id":1,"name":"Courts of Record","identifier":"17.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":162799,"object_type":"structure","relational_id":12766,"identifier":"17.1","token":"17.1","url":"\/17.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55876,"structure_id":13578,"section_number":"17.1-100","catch_line":"Judicial performance evaluation program","url":"\/17.1-100\/","token":"17.1\/1\/17.1-100","metadata":false},{"id":63741,"structure_id":13578,"section_number":"17.1-101","catch_line":"Time within which a judge may qualify; failure vacates office","url":"\/17.1-101\/","token":"17.1\/1\/17.1-101","metadata":false},{"id":56802,"structure_id":13578,"section_number":"17.1-102","catch_line":"Justices and judges not permitted to practice law or seek or hold elective or other office","url":"\/17.1-102\/","token":"17.1\/1\/17.1-102","metadata":false},{"id":83655,"structure_id":13578,"section_number":"17.1-103","catch_line":"Residence requirements of judges","url":"\/17.1-103\/","token":"17.1\/1\/17.1-103","metadata":false},{"id":64488,"structure_id":13578,"section_number":"17.1-104","catch_line":"In election by court, votes to be recorded","url":"\/17.1-104\/","token":"17.1\/1\/17.1-104","metadata":false},{"id":59242,"structure_id":13578,"section_number":"17.1-105","catch_line":"Designation of judges to hold courts and assist other judges","url":"\/17.1-105\/","token":"17.1\/1\/17.1-105","metadata":false},{"id":63334,"structure_id":13578,"section_number":"17.1-106","catch_line":"Temporary recall of retired judges; evaluation","url":"\/17.1-106\/","token":"17.1\/1\/17.1-106","metadata":false},{"id":66613,"structure_id":13578,"section_number":"17.1-107","catch_line":"Designation of judge to assist regular judge holding case under advisement for unreasonable length of time","url":"\/17.1-107\/","token":"17.1\/1\/17.1-107","metadata":false},{"id":55475,"structure_id":13578,"section_number":"17.1-108","catch_line":"Reserved","url":"\/17.1-108\/","token":"17.1\/1\/17.1-108","metadata":false},{"id":83943,"structure_id":13578,"section_number":"17.1-109","catch_line":"Judges pro tempore","url":"\/17.1-109\/","token":"17.1\/1\/17.1-109","metadata":false},{"id":71265,"structure_id":13578,"section_number":"17.1-110","catch_line":"Their appointment and powers","url":"\/17.1-110\/","token":"17.1\/1\/17.1-110","metadata":false},{"id":74918,"structure_id":13578,"section_number":"17.1-111","catch_line":"Compensation","url":"\/17.1-111\/","token":"17.1\/1\/17.1-111","metadata":false},{"id":56504,"structure_id":13578,"section_number":"17.1-112","catch_line":"Sheriff to attend court as its officer","url":"\/17.1-112\/","token":"17.1\/1\/17.1-112","metadata":false},{"id":62243,"structure_id":13578,"section_number":"17.1-113","catch_line":"Places of holding courts; certain orders and decrees entered elsewhere","url":"\/17.1-113\/","token":"17.1\/1\/17.1-113","metadata":false},{"id":72405,"structure_id":13578,"section_number":"17.1-114","catch_line":"When and how changed","url":"\/17.1-114\/","token":"17.1\/1\/17.1-114","metadata":false},{"id":64583,"structure_id":13578,"section_number":"17.1-115","catch_line":"How order or warrant making change posted","url":"\/17.1-115\/","token":"17.1\/1\/17.1-115","metadata":false},{"id":72302,"structure_id":13578,"section_number":"17.1-116","catch_line":"Change of place or time for holding session of Supreme Court","url":"\/17.1-116\/","token":"17.1\/1\/17.1-116","metadata":false},{"id":80525,"structure_id":13578,"section_number":"17.1-117","catch_line":"Certain acts of courts held at improper places confirmed","url":"\/17.1-117\/","token":"17.1\/1\/17.1-117","metadata":false},{"id":79848,"structure_id":13578,"section_number":"17.1-118","catch_line":"Display of flags in courtrooms","url":"\/17.1-118\/","token":"17.1\/1\/17.1-118","metadata":false},{"id":69699,"structure_id":13578,"section_number":"17.1-119","catch_line":"Courts may adjourn for a period not exceeding thirty days","url":"\/17.1-119\/","token":"17.1\/1\/17.1-119","metadata":false},{"id":55532,"structure_id":13578,"section_number":"17.1-120","catch_line":"Adjournment from day to day; 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cost of transcripts; preservation of original notes or records; certified transcript prima facie correct","url":"\/17.1-128\/","token":"17.1\/1\/17.1-128","metadata":false},{"id":74087,"structure_id":13578,"section_number":"17.1-128.1","catch_line":"Recording evidence and incidents of trial in certain misdemeanor cases","url":"\/17.1-128.1\/","token":"17.1\/1\/17.1-128.1","metadata":false},{"id":54541,"structure_id":13578,"section_number":"17.1-129","catch_line":"Filing date and time to be noted on papers","url":"\/17.1-129\/","token":"17.1\/1\/17.1-129","metadata":false},{"id":85929,"structure_id":13578,"section_number":"17.1-130","catch_line":"Execution of judgments and decrees of courts no longer existing","url":"\/17.1-130\/","token":"17.1\/1\/17.1-130","metadata":false},{"id":57339,"structure_id":13578,"section_number":"17.1-131","catch_line":"Jurisdiction to issue writs of mandamus in matters pertaining to action of service district commission","url":"\/17.1-131\/","token":"17.1\/1\/17.1-131","metadata":false},{"id":87235,"structure_id":13578,"section_number":"17.1-132","catch_line":"Courts Technology Fund","url":"\/17.1-132\/","token":"17.1\/1\/17.1-132","metadata":false}],"previous_section":{"id":63838,"structure_id":13578,"section_number":"17.1-128","catch_line":"Recording evidence and incidents of trial in certain civil cases and cost thereof; cost of transcripts; preservation of original notes or records; certified transcript prima facie correct","url":"\/17.1-128\/","token":"17.1\/1\/17.1-128","metadata":false},"next_section":{"id":54541,"structure_id":13578,"section_number":"17.1-129","catch_line":"Filing date and time to be noted on papers","url":"\/17.1-129\/","token":"17.1\/1\/17.1-129","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/17.1-128.1\/","history_text":"<p>This law was first created in 2014. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0078\">78<\/a> 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.<\/p>","references":false,"refers_to":false,"permalink":{"id":162915,"object_type":"law","relational_id":74087,"identifier":"17.1-128.1","token":"17.1\/1\/17.1-128.1","url":"\/17.1-128.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/17.1-128.1\/","token":"17.1\/1\/17.1-128.1","dublin_core":{"Title":"Recording evidence and incidents of trial in certain misdemeanor cases","Type":"Text","Format":"text\/html","Identifier":"\u00a7 17.1-128.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>In any <span class=\"dictionary\">misdemeanor<\/span> case in <span class=\"dictionary\">circuit<\/span> court for which no recording verbatim of the <span class=\"dictionary\">evidence<\/span> and incidents of <span class=\"dictionary\">trial<\/span> either by a <span class=\"dictionary\">court reporter<\/span> or by mechanical or electronic devices approved by the court will be used, the court shall allow the <span class=\"dictionary\">defendant<\/span>, the Commonwealth, or both to record the <span class=\"dictionary\">evidence<\/span> and incidents of <span class=\"dictionary\">trial<\/span> by mechanical or electronic device to aid <span class=\"dictionary\">counsel<\/span> in producing a thorough, complete, and accurate <span class=\"dictionary\">written statement of facts<\/span> in lieu of <span class=\"dictionary\">transcript<\/span> for purposes of any <span class=\"dictionary\">appeal<\/span>. The recording shall not be made a part of the record unless otherwise permitted.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nRECORDING EVIDENCE AND INCIDENTS OF TRIAL IN CERTAIN MISDEMEANOR CASES (\u00a7\n17.1-128.1)\n\nIn any misdemeanor case in circuit court for which no recording verbatim of the\nevidence and incidents of trial either by a court reporter or by mechanical or\nelectronic devices approved by the court will be used, the court shall allow the\ndefendant, the Commonwealth, or both to record the evidence and incidents of\ntrial by mechanical or electronic device to aid counsel in producing a thorough,\ncomplete, and accurate written statement of facts in lieu of transcript for\npurposes of any appeal. The recording shall not be made a part of the record\nunless otherwise permitted.\n\nHISTORY: 2014, c. 78.","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}}