17.1-124 - Order books.
§ 17.1-124. Order books.
Except as otherwise provided herein, each circuit court clerk shall keeporder books recording all proceedings, orders and judgments of the court inall matters, all decrees, and decretal orders of such court and all matterspertaining to trusts, the appointment and qualification of trustees,committees, administrators, executors, conservators and guardians shall berecorded, except when the same are appointed by the clerk of court, in whichevent the order appointing such administrators or executors, shall be madeand entered in the clerk's order book. In any circuit court, the clerk may,with the approval of the chief judge of the court, by order entered ofrecord, divide the order book into two sections, to be known as the civilorder book and the criminal order book. All proceedings, orders and judgmentsof the court in all matters at civil law shall be recorded in the civil orderbook, and all proceedings, orders and judgments of the court in all mattersat criminal law shall be recorded in the criminal order book. In anyproceeding brought for the condemnation of property, all proceedings, orders,judgments and decrees of the court shall be recorded in the civil order bookof the court. The recordation prior to January 1, 1974, of all proceedings,orders, judgments and decrees in such cases, whether entered in thecommon-law order book or the chancery order book of any court, is herebydeclared a valid and proper recordation of the same. Orders in cases appealedfrom the juvenile and domestic relations district courts shall be maintainedas provided in this section and, to the extent inconsistent with thissection, § 16.1-302.
The clerk shall ensure that these order books have been microfilmed orconverted to or created in an electronic format. Such microfilm andmicrophotographic processes and equipment shall meet state microfilmstandards, and such electronic format shall follow state electronic recordsguidelines, pursuant to § 42.1-82. The clerk shall further provide the masterreel of any such microfilm for storage in the Library of Virginia and shallprovide for the secured, off-site back up of any electronic copies of suchrecords.
(1926, p. 750, § 17-28; 1932, p. 765; 1936, p. 557; Michie Code 1942, §5962a; 1962, c. 233; 1973, c. 9; 1974, c. 524; 1990, c. 258; 1997, c. 801;1998, c. 872; 2005, c. 681; 2007, c. 567; 2010, cc. 717, 760.)