                                 CODE OF VIRGINIA

HOW MONEY UNDER CONTROL OF COURT DEPOSITED; RECORD KEPT; LIABILITY OF CLERK (§
8.01-600)

A. This section pertains only to money held by the clerk of the circuit court,
when the court orders moneys to be held by the clerk pursuant to this section.
Where judgment is taken in the circuit court, upon motion of a party for good
cause shown, the court may enter an order directing the clerk to hold moneys
pursuant to this section. The clerk shall have the duty, unless it is otherwise
specially ordered, to receive, take charge of, hold or invest in such manner as
the court orders and also to pay out or dispose of these moneys as the court
orders or decrees. To this end, the clerk is authorized to verify, receive, and
give acquittances for all such moneys as the court may direct.

B. Orders creating funds pursuant to this section or § 8.01-582 shall include
information necessary to make prudent investment and disbursement decisions. The
orders shall include, except when it is unreasonable, the proposed dates of
periodic and final disbursements. Prior to the entry of the order, the
beneficiary or his representative shall file an affidavit with the court
providing the beneficiary&#8217;s name, date of birth, address and social
security number. The affidavit shall be maintained under seal by the clerk
unless otherwise ordered by the court, and the information therein shall be used
solely for the purposes of financial management and reporting.
			Unless otherwise ordered by the court, the provisions of this section shall
not apply to:

   1. Cash or other money received in lieu of surety on any bond posted in any
   civil or criminal case, including but not limited to bail bonds, appeal bonds
   in appeals from a district court or circuit court, bonds posted in connection
   with the filing of an attachment, detinue seizure or distress, suspending
   bonds, and performance bonds;

   2. Cash or other money paid or deposited in the clerk&#8217;s office prior to
   final disposition of the case, including but not limited to interpleaders or
   eminent domain; or

   3. Cash or other money deposited in lieu of surety on any bond posted in the
   clerk&#8217;s office which is not posted in connection with any civil or
   criminal case, including bonds posted by executors or administrators.

C. All deposits under this section shall be secured in accordance with the
Virginia Security for Public Deposits Act (&#xA7; 2.2-4400 et seq.).

D. Moneys held pursuant to this section shall be invested in certificates of
deposit and time deposits, and in accordance with the provisions of Chapter 45
(&#xA7; 2.2-4500 et seq.) of Title 2.2 as ordered by the court.

E. Any interest which accrues on the funds, minus allowable fees and bond costs,
shall be credited and payable to the person or persons entitled to receive such
funds. The court may order the clerk to consolidate for investment purposes
money received under this section, with income received hereunder to be
apportioned among the several accounts.

F. Except as otherwise ordered by the court, for good cause shown, the clerk
shall be liable for any loss of income which results from his (i) failure to
invest the money within sixty days of the court order creating the fund or (ii)
failure to pay out any money so ordered by the court within sixty days of the
court order. He shall be charged with interest from the date of the court order
until such investment or payment is made.

G. The clerk shall keep an accurate and particular account of all moneys
received, invested, and paid out by him, showing the respective amounts to the
credit of each case in the court and designating in the items the judgments,
orders or decrees of court under which the respective sums have been received,
invested or paid out. At least annually and no later than October 1 of each
year, the clerk shall make a report to the court, which shall include the chief
judge of the circuit or the resident judge, showing the balance to the credit of
each case in the court in which money has been received by him, the manner in
which money has been received by him, the manner in which it is invested, the
amounts received, invested or paid out during the year ending June 30 of the
current year, the approximate date on which the moneys held for the
beneficiaries will become payable, and the whole amount then invested and
subject to the future order of the court. The clerk shall make a copy of such
report available to the Auditor of Public Accounts for purposes of audit. A copy
of this report shall be recorded in the trust fund order book. The clerk shall,
at any time when required by the court or the Auditor of Public Accounts to do
so, furnish a statement of the amount subject to the order of the court in any
case pending therein and any other information required by the court or the
Auditor of Public Accounts as to any money or other property under his control
before the court. When the clerk receives funds under this section, he shall be
entitled to receive fees in accordance with &#xA7; 17.1-287 in the amounts as
specified for general receivers in &#xA7; 8.01-589.

H. All moneys received under this section are subject to audit by the Auditor of
Public Accounts.

HISTORY: Code 1950, § 8-744; 1977, c. 617; 1986, c. 644; 1988, c. 841; 1990,
cc. 3, 414; 1991, c. 635; 2002, c. 832; 2015, c. 633; 2017, c. 35.