{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/17.1-128.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/17.1-128.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/17.1-128.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/17.1-128.html"}],"law_id":63838,"edition_id":1,"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","history":"1952, c. 642, \u00a7 17-30.1; 1956, c. 699; 1962, c. 419; 1964, c. 533; 1968, c. 358; 1975, c. 640; 1984, c. 752; 1994, c. 496; 1998, c. 872; 2022, c. 279.","full_text":"In all civil cases, the court or judge trying the case may by order entered of record provide for the recording verbatim of the evidence and incidents of trial either by a court reporter or by mechanical or electronic devices approved by the court. The expense of reporting and recording the trial of a civil case shall be paid by the litigants in the manner and in the proportion as the court may in its discretion direct. A transcript of the record, when required by any party, shall be paid for by such party. The court on appeal may provide that such cost may, in civil cases, be reimbursed to the party prevailing. The court shall not allow a defendant convicted of a crime from which the civil matter arose to recover such cost from the victim, as defined in \u00a7 19.2-11.01, of such crime. The failure to secure the services of a reporter, or the failure to have the case reported or recorded for any other reason, shall not affect the proceeding or trial. The reporter or other individual designated to report and record the trial shall preserve the original shorthand notes or other original records for not less than five years. The transcript in any case certified by the reporter or other individual designated to report and record the trial shall be deemed prima facie a correct statement of the evidence and incidents of trial.\n\t\tThe administration of this section shall be under the direction of the Supreme Court of Virginia.","order_by":null,"text":{"0":{"id":232563,"text":"In all civil cases, the court or judge trying the case may by order entered of record provide for the recording verbatim of the evidence and incidents of trial either by a court reporter or by mechanical or electronic devices approved by the court. The expense of reporting and recording the trial of a civil case shall be paid by the litigants in the manner and in the proportion as the court may in its discretion direct. A transcript of the record, when required by any party, shall be paid for by such party. The court on appeal may provide that such cost may, in civil cases, be reimbursed to the party prevailing. The court shall not allow a defendant convicted of a crime from which the civil matter arose to recover such cost from the victim, as defined in \u00a7 19.2-11.01, of such crime. The failure to secure the services of a reporter, or the failure to have the case reported or recorded for any other reason, shall not affect the proceeding or trial. The reporter or other individual designated to report and record the trial shall preserve the original shorthand notes or other original records for not less than five years. The transcript in any case certified by the reporter or other individual designated to report and record the trial shall be deemed prima facie a correct statement of the evidence and incidents of trial.\n\t\tThe administration of this section shall be under the direction of the Supreme Court of Virginia.","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; 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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":74248,"structure_id":13578,"section_number":"17.1-126","catch_line":"Repealed","url":"\/17.1-126\/","token":"17.1\/1\/17.1-126","metadata":false},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/17.1-128\/","history_text":"

This law was first created in 1952. The record of its establishment is cataloged in chapter 642 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 1952 \u201cActs\u201d aren\u2019t available online. It has been modified 9 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 1956, chapter 699; in 1962, chapter 419; in 1964, chapter 533; in 1968, chapter 358; in 1975, chapter 640; in 1984, chapter 752; in 1994, chapter 496<\/a>; in 1998, chapter 872<\/a>; in 2022, chapter 279<\/a>.<\/p>","references":false,"refers_to":[{"id":56192,"section_number":"19.2-11.01","catch_line":"Crime victim and witness rights","order_by":null,"url":"\/19.2-11.01\/"}],"permalink":{"id":162911,"object_type":"law","relational_id":63838,"identifier":"17.1-128","token":"17.1\/1\/17.1-128","url":"\/17.1-128\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/17.1-128\/","token":"17.1\/1\/17.1-128","dublin_core":{"Title":"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","Type":"Text","Format":"text\/html","Identifier":"\u00a7 17.1-128","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In all civil cases, the court or judge<\/span> trying the case may by order<\/span> entered of record provide for the recording verbatim of the evidence<\/span> and incidents of trial<\/span> either by a court reporter<\/span> or by mechanical or electronic devices approved by the court. The expense of reporting and recording the trial<\/span> of a civil case shall be paid by the litigants<\/span> in the manner and in the proportion as the court may in its discretion direct. A transcript<\/span> of the record, when required by any party<\/span>, shall be paid for by such party<\/span>. The court on appeal<\/span> may provide that such cost may, in civil cases, be reimbursed to the party<\/span> prevailing. The court shall not allow a defendant<\/span> convicted of a crime<\/span> from which the civil matter arose to recover such cost from the victim, as defined in \u00a7 19.2-11.01<\/a>, of such crime<\/span>. The failure to secure the services of a reporter, or the failure to have the case reported or recorded for any other reason, shall not affect the proceeding or trial<\/span>. The reporter or other individual designated to report and record the trial<\/span> shall preserve the original shorthand notes or other original records for not less than five years. The transcript<\/span> in any case certified by the reporter or other individual designated to report and record the trial<\/span> shall be deemed prima facie a correct statement of the evidence<\/span> and incidents of trial<\/span>.\n\t\tThe administration of this section shall be under the direction of the Supreme Court of Virginia.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRECORDING EVIDENCE AND INCIDENTS OF TRIAL IN CERTAIN CIVIL CASES AND COST\nTHEREOF; COST OF TRANSCRIPTS; PRESERVATION OF ORIGINAL NOTES OR RECORDS;\nCERTIFIED TRANSCRIPT PRIMA FACIE CORRECT (\u00a7 17.1-128)\n\nIn all civil cases, the court or judge trying the case may by order entered of\nrecord provide for the recording verbatim of the evidence and incidents of trial\neither by a court reporter or by mechanical or electronic devices approved by\nthe court. The expense of reporting and recording the trial of a civil case\nshall be paid by the litigants in the manner and in the proportion as the court\nmay in its discretion direct. A transcript of the record, when required by any\nparty, shall be paid for by such party. The court on appeal may provide that\nsuch cost may, in civil cases, be reimbursed to the party prevailing. The court\nshall not allow a defendant convicted of a crime from which the civil matter\narose to recover such cost from the victim, as defined in \u00a7 19.2-11.01, of such\ncrime. The failure to secure the services of a reporter, or the failure to have\nthe case reported or recorded for any other reason, shall not affect the\nproceeding or trial. The reporter or other individual designated to report and\nrecord the trial shall preserve the original shorthand notes or other original\nrecords for not less than five years. The transcript in any case certified by\nthe reporter or other individual designated to report and record the trial shall\nbe deemed prima facie a correct statement of the evidence and incidents of\ntrial.\n\t\tThe administration of this section shall be under the direction of the Supreme\nCourt of Virginia.\n\nHISTORY: 1952, c. 642, \u00a7 17-30.1; 1956, c. 699; 1962, c. 419; 1964, c. 533;\n1968, c. 358; 1975, c. 640; 1984, c. 752; 1994, c. 496; 1998, c. 872; 2022, c.\n279.","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}}