16.1-118.1 - Destruction of papers in civil cases in certain district courts. - Virginia Statutes

§ 16.1-118.1. Destruction of papers in civil cases in certain district courts.

In Henrico County or Montgomery County, the clerk of any district court inwhich papers are filed and preserved under § 16.1-69.55 may destroy thefiles, papers and records connected with any civil case in such court, if:

(1) Such case was dismissed without any adjudication of the merits of thecontroversy, and the final order entered was one of dismissal and one yearhas elapsed from the date of such dismissal; or

(2) Judgment was entered in such case but the right to issue an execution orbring a motion to extend the period for enforcing a judgment or an action onsuch judgment is barred by § 8.01-251; or

(3) No service of the warrant or motion or other process or summons was hadon any defendant and one year has elapsed from the date of such process orsummons; and

(4) The destruction of such papers is authorized and directed by an order ofthe judge of the court in which they are preserved, which order may refer tosuch papers by any one or more of the above classifications, or to any groupor kind of cases embraced therein, without express reference to anyparticular case; and

(5) The audit has been made for the period to which the files, papers andrecords are applicable.

(1966, c. 404; 1973, c. 143; 1977, c. 169; 1982, c. 153; 2007, c. 813.)