                                 CODE OF VIRGINIA

DECLARATION OF JUDICIAL EMERGENCY (§ 17.1-330)

A. A judicial emergency may be declared as provided in this section when a
disaster, as defined in &#xA7; 44-146.16, substantially endangers or impedes the
operation of a court, the ability of persons to avail themselves of the court,
or the ability of litigants or others to have access to the court or to meet
schedules or time deadlines imposed by court order, rule, or statute.
Notwithstanding any other provision of law, the Chief Justice of the Supreme
Court or, if the Chief Justice is unavailable, the justice longest in continuous
service who is available, shall have the power to declare by order a judicial
emergency (i) for any court upon the request of the Governor, (ii) for the
Supreme Court sua sponte, (iii) for the Court of Appeals, upon the request of
the chief judge of the Court of Appeals or, if the chief judge is unavailable,
the judge of the Court of Appeals longest in continuous service who is
available, or (iv) for any circuit or district court upon the request of the
chief judge of the affected circuit or district court or, if the chief judge is
unavailable, the judge from the affected circuit or district court longest in
continuous service who is available.

B. Any order declaring a judicial emergency shall specify (i) the court or
courts and facilities affected by the order; (ii) the nature of the disaster
necessitating the order; (iii) the time period or duration of the judicial
emergency; and (iv) any other information relevant to the suspension or
restoration of court operations, including but not limited to extension of
deadlines. The order shall become effective for each affected court upon the
date set forth in the order or, if no date is set forth in the order, upon the
date the order is signed.

C. Notwithstanding any other provision of law, an order declaring a judicial
emergency may designate a neighboring city or county not affected by the
disaster for the temporary relocation of the affected circuit or district court.
Locations designated under this section may be outside the geographical limits
of the affected court&#8217;s circuit or district.
			If an affected circuit or district court conducts sessions in a city or
county not affected by the disaster pursuant to this section, the unaffected
city or county shall be a proper venue for civil and criminal actions to the
same extent as if the affected court were operating in its original city or
county. An affected circuit court may, upon motion of either party, and for good
cause shown, summon jurors from the jurisdiction where the affected circuit
court has been temporarily relocated.

D. Notwithstanding any other provision of law, such order may suspend, toll,
extend, or otherwise grant relief from deadlines, time schedules, or filing
requirements imposed by otherwise applicable statutes, rules, or court orders in
any court processes and proceedings, including all appellate court time
limitations.

E. The duration of the order shall be for the shortest period of time necessary
under the circumstances of the emergency, but in no event shall the period
exceed 21 calendar days. Any such order may be extended for additional periods
not to exceed 21 calendar days by a majority of the justices of the Supreme
Court, and any order of extension shall include the information required by
subsection B for the issuance of an initial order. In the event of a
communicable disease of public health threat, as defined in &#xA7; 44-146.16, a
majority of the justices of the Supreme Court may extend such order for the
duration of the threat.

HISTORY: 2010, cc. 451, 757.