In Henrico County or Montgomery County, the clerk of any district court in which papers are filed and preserved under § 16.1-69.55 may destroy the files, papers and records connected with any civil case in such court, if:
(1) Such case was dismissed without any adjudication of the merits of the controversy, and the final order entered was one of dismissal and one year has elapsed from the date of such dismissal; or
(2) Judgment was entered in such case but the right to issue an execution or bring a motion to extend the period for enforcing a judgment or an action on such judgment is barred by § 8.01-251; or
(3) No service of the warrant or motion or other process or summons was had on any defendant and one year has elapsed from the date of such process or summons; and
(4) The destruction of such papers is authorized and directed by an order of the judge of the court in which they are preserved, which order may refer to such papers by any one or more of the above classifications, or to any group or kind of cases embraced therein, without express reference to any particular case; and
(5) The audit has been made for the period to which the files, papers and records are applicable.
1966, c. 404; 1973, c. 143; 1977, c. 169; 1982, c. 153; 2007, c. 813.
Structure Code of Virginia
Title 16.1 - Courts Not of Record
Chapter 6 - Venue, Jurisdiction and Procedure in Civil Matters
§ 16.1-77. Civil jurisdiction of general district courts; amending amount of claim
§ 16.1-77.1. When general district court may give judgment on forthcoming bond
§ 16.1-77.2. Jurisdiction of partition of personal property and proceedings therefor
§ 16.1-78. Judgment by confession not affected
§ 16.1-79. Actions brought on warrant
§ 16.1-79.1. Electronic filing of civil cases
§ 16.1-80. Service of warrant and return thereof
§ 16.1-81. Actions brought by motion for judgment
§ 16.1-81.1. Certain corporations; pro se representation
§ 16.1-82. Service of motion; return thereon and delivery to the court; how disposed of
§ 16.1-83. Consent of parties required for trial within five days of service
§ 16.1-83.1. Certification of expert witness opinion at time of service of process
§ 16.1-84. When action or proceeding not lost; when matured for hearing
§ 16.1-85. What term "warrant" to include
§ 16.1-86. When action deemed brought
§ 16.1-88. Procedure when plaintiff sues on sworn claim
§ 16.1-88.03. Pleadings and other papers by certain parties not represented by attorneys
§ 16.1-89. Subpoena duces tecum; attorney-issued subpoena duces tecum
§ 16.1-90. Recognizance upon continuation of case
§ 16.1-91.1. Costs to be included in judgment on forthcoming bond
§ 16.1-91.2. Judge to keep record of judgment on forthcoming bond; how to endorse execution
§ 16.1-93. Principles applicable to trial of cases
§ 16.1-94. Judgment to be noted on papers; formal orders may be entered
§ 16.1-94.01. When and how satisfaction entered on judgment
§ 16.1-94.1. Limitations on enforcement of district court judgments
§ 16.1-95. Abstract of judgment
§ 16.1-96. What abstract to contain
§ 16.1-97.1. When a new trial is granted
§ 16.1-98. Fieri facias or writ of possession on judgment
§ 16.1-99. When and where executions returnable; to whom directed
§ 16.1-100. Additional executions; by whom issued
§ 16.1-101. Proceedings against officer failing to make or making improper return
§ 16.1-102. Officers and sureties liable for money collected after return day
§ 16.1-103. Proceedings by interrogatories
§ 16.1-106. Appeals from courts not of record in civil cases
§ 16.1-106.1. Withdrawal of appeal in civil cases
§ 16.1-107. Requirements for appeal
§ 16.1-108. Deposit of money in lieu of bond
§ 16.1-109. Appellate court may require new or additional security
§ 16.1-110. Bankruptcy of appellant does not release surety
§ 16.1-111. Court to which appeal sent
§ 16.1-112. All papers transmitted to appellate court; further proceedings
§ 16.1-114.1. Principles applicable in trial of appeals; defective or irregular warrants or motions
§ 16.1-117. When papers in civil cases in certain municipal courts may be destroyed
§ 16.1-118. When papers in civil cases returned to courts of record may be destroyed
§ 16.1-118.1. Destruction of papers in civil cases in certain district courts
§ 16.1-119. Proceedings to try title to property levied on under distress or execution
§ 16.1-120. Summons in such case
§ 16.1-121. Order after hearing
§ 16.1-122.1. Small claims court; designated
§ 16.1-122.3. Actions; how commenced; notice; continuances; pleadings
§ 16.1-122.4. Representation and removal; rights of parties
§ 16.1-122.5. Informal hearings; rules of evidence suspended