{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-374.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-374.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-374.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-374.html"}],"law_id":86057,"edition_id":1,"section_id":86057,"structure_id":13009,"section_number":"8.01-374","catch_line":"Procedure when original papers in cause are lost","history":"Code 1950, \u00a7 8-209; 1977, c. 617.","full_text":"If in any case the original papers therein, or any of them, or the record for or in an appellate court, or any paper filed or connected with such record, be lost or destroyed, any party to such case may present to the court wherein the case is, or in which it would or ought to be, but for such loss or destruction, a petition verified by affidavit stating such loss or destruction, and praying that such case be heard and determined or tried on the reproduction of such record or papers, or satisfactory proof of their contents. Upon such petition and an authenticated copy of what is lost or destroyed, the court may hear and determine the case, or proceed to a trial thereof, if before a jury. The court may also hear and determine the case, or proceed to the trial thereof, if before a jury, upon proof, after reasonable notice to the parties interested, of the contents of such record or papers, or so much thereof, as may be necessary for a decision by the court, or by a jury, and may make such order or decree as if the papers or any of them had not been lost or destroyed.\n\t\tThe court may in its discretion, require new pleadings to be made up in whole or in part.\n\t\tA plaintiff instead of proceeding under this section may commence and prosecute a new suit for the same matter; and no certified copy of any deed, will, account, or other original paper required by law to be recorded shall be used by any party as evidence for him, in any case when the original deed, will, account, or other original paper or record thereof has been destroyed, until such copy has been properly admitted to record, according to law. This section shall not apply to criminal cases.","order_by":null,"text":{"0":{"id":308149,"text":"If in any case the original papers therein, or any of them, or the record for or in an appellate court, or any paper filed or connected with such record, be lost or destroyed, any party to such case may present to the court wherein the case is, or in which it would or ought to be, but for such loss or destruction, a petition verified by affidavit stating such loss or destruction, and praying that such case be heard and determined or tried on the reproduction of such record or papers, or satisfactory proof of their contents. Upon such petition and an authenticated copy of what is lost or destroyed, the court may hear and determine the case, or proceed to a trial thereof, if before a jury. The court may also hear and determine the case, or proceed to the trial thereof, if before a jury, upon proof, after reasonable notice to the parties interested, of the contents of such record or papers, or so much thereof, as may be necessary for a decision by the court, or by a jury, and may make such order or decree as if the papers or any of them had not been lost or destroyed.\n\t\tThe court may in its discretion, require new pleadings to be made up in whole or in part.\n\t\tA plaintiff instead of proceeding under this section may commence and prosecute a new suit for the same matter; and no certified copy of any deed, will, account, or other original paper required by law to be recorded shall be used by any party as evidence for him, in any case when the original deed, will, account, or other original paper or record thereof has been destroyed, until such copy has been properly admitted to record, according to law. This section shall not apply to criminal cases.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13009,"edition_id":1,"name":"Certain Incidents of Trial","identifier":"13","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":277271,"object_type":"structure","relational_id":13009,"identifier":"13","token":"8.01\/13","url":"\/8.01\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86057,"structure_id":13009,"section_number":"8.01-374","catch_line":"Procedure when original papers in cause are lost","url":"\/8.01-374\/","token":"8.01\/13\/8.01-374","metadata":false},{"id":54081,"structure_id":13009,"section_number":"8.01-374.1","catch_line":"Consolidation or bifurcation of issues or claims in certain cases; appeal","url":"\/8.01-374.1\/","token":"8.01\/13\/8.01-374.1","metadata":false},{"id":61985,"structure_id":13009,"section_number":"8.01-375","catch_line":"Exclusion of witnesses in civil cases (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section and subsection (b) of Supreme Court Rule 2:615 derived from this section)","url":"\/8.01-375\/","token":"8.01\/13\/8.01-375","metadata":false},{"id":56210,"structure_id":13009,"section_number":"8.01-376","catch_line":"Views by juries","url":"\/8.01-376\/","token":"8.01\/13\/8.01-376","metadata":false},{"id":59097,"structure_id":13009,"section_number":"8.01-377","catch_line":"Remedy when variance appears between evidence and allegations","url":"\/8.01-377\/","token":"8.01\/13\/8.01-377","metadata":false},{"id":70718,"structure_id":13009,"section_number":"8.01-377.1","catch_line":"Summary judgment","url":"\/8.01-377.1\/","token":"8.01\/13\/8.01-377.1","metadata":false},{"id":79085,"structure_id":13009,"section_number":"8.01-378","catch_line":"Trial judge not to direct verdicts","url":"\/8.01-378\/","token":"8.01\/13\/8.01-378","metadata":false},{"id":55581,"structure_id":13009,"section_number":"8.01-379","catch_line":"Argument before jury","url":"\/8.01-379\/","token":"8.01\/13\/8.01-379","metadata":false},{"id":61762,"structure_id":13009,"section_number":"8.01-379.1","catch_line":"Informing jury of amounts sued for","url":"\/8.01-379.1\/","token":"8.01\/13\/8.01-379.1","metadata":false},{"id":80344,"structure_id":13009,"section_number":"8.01-379.2","catch_line":"Jury instructions","url":"\/8.01-379.2\/","token":"8.01\/13\/8.01-379.2","metadata":false},{"id":62618,"structure_id":13009,"section_number":"8.01-379.2:1","catch_line":"Spoliation of evidence","url":"\/8.01-379.2_1\/","token":"8.01\/13\/8.01-379.2_1","metadata":false},{"id":78560,"structure_id":13009,"section_number":"8.01-379.3","catch_line":"General verdict accompanied by answer to interrogatories","url":"\/8.01-379.3\/","token":"8.01\/13\/8.01-379.3","metadata":false},{"id":55779,"structure_id":13009,"section_number":"8.01-380","catch_line":"Dismissal of action by nonsuit; fees and costs","url":"\/8.01-380\/","token":"8.01\/13\/8.01-380","metadata":false},{"id":71392,"structure_id":13009,"section_number":"8.01-381","catch_line":"What jury may carry out","url":"\/8.01-381\/","token":"8.01\/13\/8.01-381","metadata":false},{"id":63842,"structure_id":13009,"section_number":"8.01-382","catch_line":"Verdict, judgment or decree to fix period at which interest begins; final order; judgment or decree for interest","url":"\/8.01-382\/","token":"8.01\/13\/8.01-382","metadata":false},{"id":56851,"structure_id":13009,"section_number":"8.01-383","catch_line":"Power to grant new trial; how often","url":"\/8.01-383\/","token":"8.01\/13\/8.01-383","metadata":false},{"id":68218,"structure_id":13009,"section_number":"8.01-383.1","catch_line":"Appeal when verdict reduced and accepted under protest; new trial for inadequate damages","url":"\/8.01-383.1\/","token":"8.01\/13\/8.01-383.1","metadata":false},{"id":83116,"structure_id":13009,"section_number":"8.01-384","catch_line":"Formal exceptions to rulings or orders of court unnecessary; motion for new trial unnecessary in certain cases","url":"\/8.01-384\/","token":"8.01\/13\/8.01-384","metadata":false},{"id":54675,"structure_id":13009,"section_number":"8.01-384.1","catch_line":"Interpreters for deaf or hard of hearing in civil proceedings","url":"\/8.01-384.1\/","token":"8.01\/13\/8.01-384.1","metadata":false},{"id":79657,"structure_id":13009,"section_number":"8.01-384.1:1","catch_line":"Interpreters for non-English-speaking persons in civil cases","url":"\/8.01-384.1_1\/","token":"8.01\/13\/8.01-384.1_1","metadata":false},{"id":75422,"structure_id":13009,"section_number":"8.01-384.2","catch_line":"Waiver of discovery time limitations by parties","url":"\/8.01-384.2\/","token":"8.01\/13\/8.01-384.2","metadata":false}],"next_section":{"id":54081,"structure_id":13009,"section_number":"8.01-374.1","catch_line":"Consolidation or bifurcation of issues or claims in certain cases; appeal","url":"\/8.01-374.1\/","token":"8.01\/13\/8.01-374.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-374\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 1977, chapter 617.<\/p>","references":false,"refers_to":false,"permalink":{"id":277273,"object_type":"law","relational_id":86057,"identifier":"8.01-374","token":"8.01\/13\/8.01-374","url":"\/8.01-374\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-374\/","token":"8.01\/13\/8.01-374","dublin_core":{"Title":"Procedure when original papers in cause are lost","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-374","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If in any case the original papers therein, or any of them, or the record for or in an appellate<\/span> court<\/span>, or any paper filed or connected with such record, be lost or destroyed, any party<\/span> to such case may present to the court<\/span> wherein the case is, or in which it would or ought to be, but for such loss or destruction, a petition<\/span> verified by affidavit<\/span> stating such loss or destruction, and praying that such case be heard and determined or tried on the reproduction of such record or papers, or satisfactory proof of their contents. Upon such petition<\/span> and an authenticated copy of what is lost or destroyed, the court<\/span> may hear and determine the case, or proceed to a trial<\/span> thereof, if before a jury<\/span>. The court<\/span> may also hear and determine the case, or proceed to the trial<\/span> thereof, if before a jury<\/span>, upon proof, after reasonable notice to the parties interested, of the contents of such record or papers, or so much thereof, as may be necessary for a decision by the court<\/span>, or by a jury<\/span>, and may make such order<\/span> or decree<\/span> as if the papers or any of them had not been lost or destroyed.\n\t\tThe court<\/span> may in its discretion, require new pleadings<\/span> to be made up in whole or in part.\n\t\tA plaintiff<\/span> instead of proceeding under this section may commence and prosecute<\/span> a new suit<\/span> for the same matter; and no certified copy of any deed, will, account, or other original paper required by law<\/span> to be recorded shall be used by any party<\/span> as evidence<\/span> for him, in any case when the original deed, will, account, or other original paper or record thereof has been destroyed, until such copy has been properly admitted to record, according to law<\/span>. This section shall not apply to criminal cases.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURE WHEN ORIGINAL PAPERS IN CAUSE ARE LOST (\u00a7 8.01-374)\n\nIf in any case the original papers therein, or any of them, or the record for or\nin an appellate court, or any paper filed or connected with such record, be lost\nor destroyed, any party to such case may present to the court wherein the case\nis, or in which it would or ought to be, but for such loss or destruction, a\npetition verified by affidavit stating such loss or destruction, and praying\nthat such case be heard and determined or tried on the reproduction of such\nrecord or papers, or satisfactory proof of their contents. Upon such petition\nand an authenticated copy of what is lost or destroyed, the court may hear and\ndetermine the case, or proceed to a trial thereof, if before a jury. The court\nmay also hear and determine the case, or proceed to the trial thereof, if before\na jury, upon proof, after reasonable notice to the parties interested, of the\ncontents of such record or papers, or so much thereof, as may be necessary for a\ndecision by the court, or by a jury, and may make such order or decree as if the\npapers or any of them had not been lost or destroyed.\n\t\tThe court may in its discretion, require new pleadings to be made up in whole\nor in part.\n\t\tA plaintiff instead of proceeding under this section may commence and\nprosecute a new suit for the same matter; and no certified copy of any deed,\nwill, account, or other original paper required by law to be recorded shall be\nused by any party as evidence for him, in any case when the original deed, will,\naccount, or other original paper or record thereof has been destroyed, until\nsuch copy has been properly admitted to record, according to law. This section\nshall not apply to criminal cases.\n\nHISTORY: Code 1950, \u00a7 8-209; 1977, c. 617.","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}}