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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>57017</law_id><section_number>16.1-69.40</section_number><catch_line>Powers and duties of clerks; civil liability</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="16.1">Courts Not of Record</unit><unit label="chapter" level="2" order_by="1" identifier="4.1">District Courts</unit><unit label="article" level="3" order_by="1" identifier="4">Judges and Personnel of the District Courts</unit></structure><text>
						<section><p>The clerk and deputy clerks shall be conservators of the peace within the territory for which the <span class="dictionary">court</span> has <span class="dictionary">jurisdiction</span>, and may, within such judicial district, <span class="dictionary">issue</span> warrants, detention <span class="dictionary">orders</span>, and other processes, original, mesne and final, both civil and criminal, commit to jail or other detention facility, or admit to <span class="dictionary">bail</span> upon <span class="dictionary">recognizance</span>, persons charged with <span class="dictionary">crimes</span> or before the <span class="dictionary">court</span> on civil <span class="dictionary">petition</span>, subject to the limitations set forth by <span class="dictionary">law</span>, and <span class="dictionary">issue</span> <span class="dictionary">subpoenas</span> for witnesses, <span class="dictionary">writs</span> of fieri facias and <span class="dictionary">writs</span> of <span class="dictionary">possession</span> and eviction, <span class="dictionary">attachments</span> and <span class="dictionary">garnishments</span> and abstracts of <span class="dictionary">judgments</span>. A record made in the performance of the clerk&#x2019;s official duties may be authenticated as a true copy by the clerk or by a deputy clerk without additional authentication by the <span class="dictionary">judge</span> to whom the clerk reports, notwithstanding the provisions of subsection B of &#xA7;&#xA0;<a class="law" title="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)" href="/8.01-391/">8.01-391</a>.
		No clerk or deputy clerk shall <span class="dictionary">issue</span> any warrant or process based on complaint of his spouse, child, grandchild, parent, grandparent, parent-in-<span class="dictionary">law</span>, child-in-<span class="dictionary">law</span>, brother, sister, brother-in-<span class="dictionary">law</span>, sister-in-<span class="dictionary">law</span>, nephew, niece, uncle, aunt, first cousin, guardian or ward. They may take <span class="dictionary">affidavits</span> and administer <span class="dictionary">oaths</span> and affirmations, take and certify <span class="dictionary">depositions</span> in the same manner as a notary public, perform such other notarial acts as allowed under &#xA7;&#xA0;<a class="law" title="Powers" href="/47.1-12/">47.1-12</a>, take acknowledgments to deeds or other writings for purposes of recordation, and <span class="dictionary">issue</span> all other legal processes which may be issued by the <span class="dictionary">judge</span> of such <span class="dictionary">court</span> and exercise such other powers and perform such other duties as are conferred or imposed upon them by <span class="dictionary">law</span>. The clerk may also <span class="dictionary">issue</span> to interested persons informational brochures authorized by a <span class="dictionary">judge</span> of such <span class="dictionary">court</span> explaining the legal rights of such persons.
		No clerk or deputy clerk shall be civilly liable for providing information or assistance that is within the scope of his duties.
		The clerk shall develop, implement and administer procedures necessary for the efficient operation of the clerk&#x2019;s office, keep the records and accounts of the <span class="dictionary">court</span>, supervise nonjudicial personnel and discharge such other duties as may be prescribed by the <span class="dictionary">judge</span>.</p></section></text><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.</history><metadata></metadata></law>
