Circuit Court Clerks' Manual - Civil

1 Circuit Court CLERKS Manual - Civil INDEX PAGE i Office of the Executive Secretary Virginia Court Clerks Association Department of Judicial Services Rev: 7/21 Index Abc Board Appeal Decision Of, 6-32 ABC Violations Forfeiture of Contraband, 8-57 Abuse and Neglect Administrative Process Act Appeal, 6-32 Accounting Surcharge and Falsify, 10-72 Acknowledging Receipt Of Case Papers, 2-1 Acts of the General Assembly, 1-18 Addendum for Protected Identifying Information, 7-12 ADDENDUM FOR PROTECTED IDENTIFYING INFORMATION, 8-13 Additional Jurors, 3-20 Address Confidentiality Program, 2-7 Administrative Appeal (Employee Grievance), 6-1 Administrative Appeal (Virginia Retirement System Member Grievance), 6-2 Administrative Appeal (VRS Member Grievance), 6-2 Administrative Impoundment, 6-3 Administrative Suspension of Driver s License, 6-3 Administrators Definition, 1-10 Adoption Disclosure, 6-6 Release of Information, 6-6 Adoption, 6-3 Department of Social Services, 6-5 Putative Father Registry, 6-4 Adoption Division of Vital Records, 6-6 Adoption Adult, 6-7 Adoption Post Adoption Contact And Communication AGREEMENTS, 6-9 Adoption Establish Report of Foreign, 8-41 Adoption Order Book.

2 See Order Books Adoption-Foreign, 6-7 Adoptions Confidentiality Considerations, F-11 Foreign, F-11 Adult Adoption, 6-6 Adult protective Services, 6-11 Affidavit for Search Warrant Confidentiality Considerations, F-7 Agreed Settlement, 7-13 Agreed Upon Settlement, 7-24, 7-33 Amend Birth Certificate, 6-75 Amendment of Claim Case Transfer, 4-14 Animal Violations, 6-13 Annexation, 6-13 Voluntary Settlements Among Local Governments, 6-14 Annulment, 8-13 Answers, 1-14 Appeal Civil Contempt Fail to Pay Child Support, 6-19 Appeals Administrative Appeals (Employee Grievance), 6-1 Administrative Appeals (Member Grievance), 6-2 Blood Borne Pathogens Appeal, 6-16 Board of Assessors, 6-33 Board of Real Estate Review, 6-33 Bond, 3-50 Civil Contempt From District Court , 6-77 Costs, 3-43 Court Of Appeals, 3-40 Decision From Board Of Zoning, 6-27 Decision From Zoning Administrator Decisions, 6-30 Decision Of Abc Board, 6-32 Decision Of Child Support Enforcement (DCSE), 6-38 Decision Of Compensation Board Or Governing Body, 6-35 Decision Of Employment Commission, 6-40 Decision Of Local Governing Body (Historic Landmarks)

3 , 6-41 Decision Of Marine Resources Commission, 6-43 Decision Support Enforcement Set Off Debt Collection, 6-38 Denial of Voter Registration, 6-47 Discretionary, 3-47 Docketing Costs/Fees, 3-44 Equalization Board, 6-33 Exhibits, 3-46 File transcript or statement of facts, 3-43 General District Court , 6-48 Interlocutory, 3-52 Involuntary Commitment/Inpatient and Outpatient, 6-52 Circuit Court CLERKS Manual - Civil INDEX PAGE ii Office of the Executive Secretary Virginia Court Clerks Association Department of Judicial Services Rev: 7/21 Isolation/Quarantine Order, 6-54 Mandate, 3-49 Notice of, 3-50 Notification, 2-9 Probate, 6-57 Refusal to take Blood or Breath Test, 6-58 Statement of Facts, 3-51 Termination of Parental Rights, 6-21 Transcript, 3-51 Transmission of Record, 3-45 Withdrawal, 6-58 Appointment Special Conservator of the Peace, 6-62 Special Conservator of the Peace Revocation, 6-65 Appointment of Church Trustees, 6-60 Appointment of Fraternal Organization Trustees, 6-60 Appointment Of Guardian Ad Litem Generally, 4-9 Appointment of Guardian of Minor, 9-14 Appointment of Guardian/Conservator, 9-6 uniform Adult guardianship and protective Proceeding Act, 9-10 Appointment Of Guardian/Conservator, 6-66 Appointment of Special Justice, 6-66 APPOINTMENT OF STANDBY GUARDIAN/STANDBY CONSERVATOR, 6-67 APPROVAL OF THE RIGHT TO BE ELIGIBILE TO REGISTER TO VOTE, 6-67 Ascertain Amount Workers' Compensation Lien.

4 10-90 Assessors Appeals, 6-33 Attachments clerk 's Certificate, 6-71 ATTACHMENTS, 6-70 Defendant's bond, 6-74 Plaintiff's bond, 6-74 Attorney Issued Subpoena, 3-12 Attorney Issued Subpoena Duces Tecum, 3-13 Attorneys Definition, 1-8 Exemption from Jury Service, 3-22 authorization of non ministers to perform marriages, 6-75 Bail Bond Forfeiture, 8-52 Bench Trial, 5-1 Bill of Particulars, 1-14 Bill To Enforce Judgment Lien, 9-38 Birth Certificate Application for, 6-6 Birth Certificate Amendment, 6-75 Birth Record Certificate, 6-6 Establish, 8-39 Blood Borne Pathogens Appeal, 6-16 Blood or Breath Test Appeal of Refusal to Take, 6-58 Board of Zoning Appeal from Decision of, 6-27 Bond Book, 3-36 Bond forfeiture property bondsman, 8-54 surety bondsman, 8-54 Bond Refund Requests, 8-56 bond-forfeitures, 6-77 Books Found if clerk 's Office, 3-36 CASE FILE Preparation of paper, 2-6 Case Filing Condemnation, 7-23 CASE NUMBERING, 2-4 Case Papers Receipt of, 2-1 Certificate of Deposit, 7-26, 7-27, 7-28 Certificate of Persons or Corporation Transacting Business under an Assumed Name.

5 See Order Books, See Order Books Certificate of Take, 7-26, 7-27, 7-28 Certiorari Writ of, 10-93 Challenge Peremptory, 3-20 Chancery Order Book, 3-37 Child Abuse or Neglect Photographs/X-Rays in child abuse cases, F-15 Release Report, 7-2 Unfounded Complaint, 7-2 Child Custody Proceedings Appointment of Guardian Ad Litem, 4-12 Child in Need of Services, 1-6 Church Trustees Appointment of, 6-60 Circuit Court Clerks Clerks, 1-9 Duties In The Courtroom, 5-15 Civil - No Action Report, 4-38 Civil Case Reinstatement, 10-36 Civil COMMITMENT FOR SEXUALLY VIOLENT PREDATORS, 7-4 Civil Contempt, 7-9 Circuit Court CLERKS Manual - Civil INDEX PAGE iii Office of the Executive Secretary Virginia Court Clerks Association Department of Judicial Services Rev: 7/21 Civil Contempt from District Court , 6-18 Civil Order Book, 3-37 Civil Pleadings, 1-10 Commissioner Chancery, 1-8 Condemnation, 1-9 Special, 1-9 Common Law Order Book, 3-37 Compensation Board Appeal From Decision, 6-35 Complaint, 7-11 Definition, 1-13, 1-16 Equitable Action, 7-11 Legal Cause of Action, 7-11 Compromise Settlement No Pending Suit, 7-13 COMPROMISE SETTLEMENT, 7-13 Concealed Handgun Change of Address Out of State, 7-19 Denial Of, 7-21 Revocation/Suspension, 7-22 Concealed Handgun Permit, 7-15 Concurrent Jurisdiction With General District, 1-5 Condemnation, 7-23 Agreed Upon Settlement, 7-33 Agreed Upon Settlement Petition, 7-24 Amendment to Certificate, 7-32 Authorized Condemnor, 7-29 Authorized Condemnors, 7-24 Case Filings, 7-23 Certificate, 7-26, 7-27 Certificate of Deposit, 7-26, 7-27, 7-28 Certificate of Take, 7-26, 7-27, 7-28 Commissioners.

6 7-24 Department of Conservation and Recreation, 7-26 Determination of Just Compensation, 7-34 Dispute Resolution Orientation Session, 7-36 Distribution of Funds, 7-30 Drawdown Petition, 7-24 Electric Authorities, 7-25 inverse, 7-23 Jamestown-Yorktown Foundation, 7-26 Juries, 7-24 Localities, 7-25 Reconciliation, 7-30 Revision Petition, 7-24 Sanitary Districts, 7-25 Summary, 7-24 CONDEMNATION Certificate of Deposit, 7-23 Certificate of Take, 7-23 Condemnation Commissioners, 1-9 CONDEMNATION/EMINENT DOMAIN condemnation petition, 7-23 Confession Of Judgment Motion to Set Aside, 7-44 CONFESSION OF JUDGMENT, 7-41 Confidentiality Considerations Child Support Appeals, F-13 Confidentiality Considerations Adoptions, F-11 Foreign, F-11 Divorce Addendums, F-10 Judicial Complaints, F-12 Judicial Inquiry and Review Commission, F-12 Juvenile Records, F-12 Confidentiality Considerations Spousal Support Appeals, F-13 Confidentiality Considerations protective Order Information, F-14 Confidentiality Considerations Probate Tax Return, F-14 Confidentiality Considerations Wills Lodged for Safekeeping, F-15 Confidentiality Considerations Photographs, F-15 Confidentiality Considerations Military Discharge Records, F-15 Confidentiality Considerations Marriage License and Register, F-17 Confidentiality Considerations Money Under Control of Court , F-17 Confidentiality Considerations Money Under Control of General Receiver, F-17 Confidentiality Considerations Set Off Debt Collection, F-18 Confidentiality Considerations Victim Impact Statement, F-18 Confidentiality Considerations Restitution Victim Contact Information, F-18 Confidentiality Considerations Master Jury List, F-18 Confidentiality Considerations Jury Trial List.

7 F-18 Confidentiality Considerations Term Jury List, F-20 Confidentiality Considerations Passport Information, F-21 Confidentiality Considerations Medical Examiner Reports, F-21 Conservator/Guardian Standby, 9-18 Conservator/Guardian Appointment, 9-6 Circuit Court CLERKS Manual - Civil INDEX PAGE iv Office of the Executive Secretary Virginia Court Clerks Association Department of Judicial Services Rev: 7/21 uniform Adult guardianship and protective Proceedings Act, 9-10 Conservator/Guardian Transfer uniform Adult guardianship and protective Proceedings Act, 9-20 Consolidation of Counties Petition Requesting Consolidation Agreement, 7-46 CONSOLIDATION OF COUNTIES, 7-45 Constitutional Officer Special Elections, 8-30 CONSTRUE WILL, 10-85 Contraband Forfeiture of (ABC Violation), 8-57 Contract Rescission, 7-47 CONTRACT (SEEKING DAMAGES & PERFORMANCE), 7-48 (SEEKING MONEY DAMAGES), 7-50 (SEEKING SPECIFIC PERFORMANCE)

8 , 7-51 Convey/Encumber Church Property, 7-52 Correct Orders, 7-57 Correction Of Erroneous Or Improper Assessments Of Local Levies, 7-65, 8-63 Correction Of Erroneous Or Improper Assessments Of State Tax, 7-55 Counter Claim Generally, 1-15 Counterclaim, 4-22 Court Appointed Attorney Appeal Civil Contempt Fail to Pay Child Support, 6-19 Court of Appeals Appeals, 3-40 Court OF APPEALS, 1-5 Courtroom Duties Of clerk , 5-15 Criminal History Records Confidential Nature, F-3 Cross-Claim Generally, 1-15, 1-18 Cross-Claims Rule 3 10, 4-23 Death Certificate, 8-1 Declaratory Judgment, 8-3 Declare Death, 8-5 Deed Books, 3-37 Default Judgment Set Aside, 7-58 Defendant Definition, 1-8 Defendant's Bond Attachment, 6-74 Delinquent Taxes Sell Land for, 10-61 Demurrer, 1-17 Demurrers, 1-14, 4-22 Denial Of Concealed Handgun, 7-21 Department of Conservation and Recreation Condemnation, 7-26 Department of Health Establish Record of Birth, 8-40 Department of Medical Assistance Administrative Process Act Appeal, 6-32 Department of Social Services Adoptions, 6-5 Depositions Witness Subpoena, 3-12 Destroying Records, 5-24 Destruction of Unexecuted Felony and Misdemeanor Warrants, 8-7 Detainer Unlawful Entry, 10-80 Determination of Just Compensation - Condemnation, 7-34 Detinue, 8-8 Direct Contempt, 7-9 Disaster Planning For Records Managers, 5-22 Discharge and Induction Records Confidentiality Considerations, F-15 Disciplinary proceedings Against Attorneys, F-9 Disclaimer, 1-18 Disclosure Adoption, 6-6 Discontinued Cases, 4-38 Discovery from a Subpoena Duces Tecum, F-8 Discovery Material Purging, 5-24 Discretionary Appeals, 3-47 Dismissed Cases, 4-24 Disposition Of Ended Records, 5-24 Dispute Resolution Orientation Session, 7-36 Distribution of Estate Guardian of Minor.

9 9-16 Distribution of Funds Condemnation, 7-30 District Court Papers Retention of, 5-27 District Courts Appeals from General District, 6-48 Division of Child Support Enforcement Appeal Decision of, 6-38 Division of Vital Records Adoptions, 6-6 Circuit Court CLERKS Manual - Civil INDEX PAGE v Office of the Executive Secretary Virginia Court Clerks Association Department of Judicial Services Rev: 7/21 Divorce, 8-13 Appointment of Guardian Ad Litem, 4-10 Confidentiality of, F-2, F-10 Contested, 8-14 Guardian ad Litem, 8-14 Income Withholding Order, 6-25, 8-20 Qualified Domestic Relations Order, 8-22 Transfer to Modify/Enforce Orders, 8-22 Uncontested, 8-15 DIVORCE ADDENDUM FOR IDENTIFYING INFORMATION, 8-13 Docket Removal of Cases, 4-36 DOCKET CALL, 3-1 Drainage Projects Appointment of Guardian Ad Litem, 4-11 Drawdown Petition, 7-24 Driving Privileges Reinstate, 10-37 Duties In Courtroom, 5-15 Ejectment, 8-24 Election Recount of Election, 8-32 Election Laws - Violation of, 10-83 Election Material Confidential Considerations, F-6 Management of, 5-26 Elections, 8-27 Electric Authorities Condemnation, 7-25 Electronic Records Dealing with, 5-22 Eligibility for In-State Tuition, 8-41 Eligibility for Jury Service, 5-6 Eligible to Register to Vote Approval of the Right to be.

10 6-67 Emergency protective Order, 10-23 Eminent Domain, 7-23 Appointment of Guardian Ad Litem, 4-11 Employee Grievance Administrative Appeal, 6-1 Employment Commission Appeal Decision of, 6-40 Encumber/Convey Church Property, 7-52 Enforce Mechanic's Lien, 8-32 Enforcement Act Confidentiality Considerations, F-2 ENROLLING CHILD IN SCHOOL guardianship VS CUSTODY, 9-22 Entry onto School Property by Sex Offender, 10-13 Equalization Board Appeals, 6-33 Equitable Action, 7-11 Equity Commencement of Suits in, 4-17 Definition, 1-2 Filing of Pleadings, 4-18 Suits In, 1-15 Erroneous Or Improper Assessments Of, 8-63 Escheat, 8-36 establish birth record, 8-39 Establish Property Line, 8-38 Establish Record of Birth, 8-39 Department of Health, 8-40 ESTABLISH REPORT OF FOREIGN ADOPTION, 8-41 Establish Residency, 8-41 ESTABLISH RIGHT-OF-WAY, 8-42 ESTABLISH/IMPEACH/REFORM WILL, 10-88 Executors Definition, 1-10 Exhibits, 5-2, 5-12, 5-16, 5-24, F-3 Appeals, 3-46 Confidentiality Considerations, F-3 Expungement Identity Theft Passport, 8-44 EXPUNGEMENT, 8-44 Automated Records, 8-47 VOIDING AN EXPUNGEMENT, 8-49 Expungements, F-3 Falsify Accounting, 10-72 Family Abuse Divorce, Custody, Visitation Or Support Pending, 10-26 Emergency protective Order, 10-23 Fiduciary Book.