                                 CODE OF VIRGINIA

POWERS AND DUTIES OF CLERKS; CIVIL LIABILITY (§ 16.1-69.40)

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&#8217;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 § 8.01-391.
		No 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 §
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.
		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&#8217;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.

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.