Example: biology

I. DEATH CERTIFICATE AMENDMENT - Judiciary of Virginia

CIRCUIT COURT CLERKS MANUAL - CIVIL SUITS/ACTION TYPES (D-F) PAGE 8-1 Office of the Executive Secretary Department of Judicial Services Rev: 7/20 Chapter 8 Suits/Action Types (D-F) DEATH CERTIFICATE AMENDMENT A DEATH CERTIFICATE may be amended only in accordance with Va. Code and by regulations adopted by the State Board of Health. The Board prescribes by regulation the conditions under which omissions or errors on DEATH certificates may be corrected. Circuit court will be involved in three instances: Per Va. Code (C), the State Registrar, upon receipt of an affidavit and supporting evidence testifying to corrected information on a DEATH CERTIFICATE including the correct spelling of the name of the deceased, the deceased s parent or spouse, or the informant; the sex, age, race, date of birth, place of birth, citizenship, social security number, education, occupation or kind or type of business, military status, or date of DEATH of the deceased; the place of residence of the deceased, if located within the

CIRCUIT COURT CLERKS’ MANUAL - CIVIL SUITS/ACTION TYPES (D-F) PAGE 8-3 Office of the Executive Secretary Department of Judicial Services Rev: 1/19 5. Forms CC-1453, PETITION FOR AMENDMENT OF A DEATH CERTIFICATE CC-1454, ORDER FOR AMENDMENT OF A DEATH CERTIFICATE 6.

Tags:

  Virginia, Judiciary of virginia, Judiciary

Information

Domain:

Source:

Link to this page:

Please notify us if you found a problem with this document:

Other abuse

Transcription of I. DEATH CERTIFICATE AMENDMENT - Judiciary of Virginia

1 CIRCUIT COURT CLERKS MANUAL - CIVIL SUITS/ACTION TYPES (D-F) PAGE 8-1 Office of the Executive Secretary Department of Judicial Services Rev: 7/20 Chapter 8 Suits/Action Types (D-F) DEATH CERTIFICATE AMENDMENT A DEATH CERTIFICATE may be amended only in accordance with Va. Code and by regulations adopted by the State Board of Health. The Board prescribes by regulation the conditions under which omissions or errors on DEATH certificates may be corrected. Circuit court will be involved in three instances: Per Va. Code (C), the State Registrar, upon receipt of an affidavit and supporting evidence testifying to corrected information on a DEATH CERTIFICATE including the correct spelling of the name of the deceased, the deceased s parent or spouse, or the informant; the sex, age, race, date of birth, place of birth, citizenship, social security number, education, occupation or kind or type of business, military status, or date of DEATH of the deceased; the place of residence of the deceased, if located within the Commonwealth; the name of the institution; the county, city, or town where the DEATH occurred.

2 Or the street or place where the DEATH occurred, shall amend such DEATH CERTIFICATE to reflect the new information and evidence. Per Va. Code (E), When an applicant does not submit the minimum documentation required by regulation to amend a DEATH CERTIFICATE or when the State Registrar finds reason to question the validity or sufficiency of the evidence, the DEATH CERTIFICATE shall not be amended and the State Registrar shall so advise the applicant. An aggrieved applicant may petition the circuit court of the county or city in which he resides, or the Circuit Court of the City of Richmond, for an order compelling the State Registrar to amend the DEATH CERTIFICATE ; an aggrieved applicant who is currently residing out of state may petition any circuit court in the Commonwealth for such an order.

3 Per Va. Code (D), f or DEATH CERTIFICATE amendments other than the correction of information by the State Registrar pursuant to subsection C, the surviving spouse or immediate family of the deceased; attending funeral service licensee; or other reporting source may file a petition with the circuit court of the county or city in which the decedent resided as of the date of his DEATH , or the Circuit Court of the City of Richmond, requesting an order to amend a DEATH CERTIFICATE , along with an affidavit sworn to under oath that supports such request. The matters for which a petition may be filed include changing the name of the deceased, the deceased s parent or spouse, or the informant; the marital status of the deceased; or the place of residence of the deceased, when the place of residence is outside the Commonwealth.

4 For either petition filed, a copy of the petition shall be served upon the State Registrar and any person listed as an informant on the DEATH CERTIFICATE , unless such person provides an affidavit in support of such petition. CIRCUIT COURT CLERKS MANUAL - CIVIL SUITS/ACTION TYPES (D-F) PAGE 8-2 Office of the Executive Secretary Department of Judicial Services Rev: 7/20 The clerk shall submit such petition and any evidence received with the petition to the judge for entry of an order without the necessity of a hearing, unless the judge decides a hearing is necessary. The clerk shall transmit a certified copy of the court s order to the State Registrar, who shall amend such DEATH CERTIFICATE in accordance with the order.

5 Document Type Petition Filing Type ADC Procedures Step 1 Clerk receipts filing payment and service fee, assigns case number, indexes the case and prepares the case file and/or electronic record. Step 2 Copies of the petition are served upon the State Registrar and if necessary, any person listed as an informant on the DEATH CERTIFICATE . Step 3 Clerk submits petition and any evidence received to judge for entry of order without a hearing. Judge reviews CC-1453, PETITION FOR AMENDMENT OF A DEATH CERTIFICATE and may decide a hearing is necessary. Comment: If Judge decides a hearing is necessary, notify all parties of date and time of hearing. Step 4 Court enters CC-1454, ORDER FOR AMENDMENT OF A DEATH CERTIFICATE , granting or denying the CC-1453, PETITION FOR AMENDMENT OF A DEATH CERTIFICATE .

6 Step 5 Clerk certifies and remits copies of the CC-1454, ORDER FOR AMENDMENT OF A DEATH CERTIFICATE as directed by the Court. Fees/Taxes/Other Monies Assessed Circuit Court Civil Filing Fee Calculation CIRCUIT COURT CLERKS MANUAL - CIVIL SUITS/ACTION TYPES (D-F) PAGE 8-3 Office of the Executive Secretary Department of Judicial Services Rev: 7/20 Forms CC-1453, PETITION FOR AMENDMENT OF A DEATH CERTIFICATE CC-1454, Order For AMENDMENT Of A DEATH CERTIFICATE References Va. Code Va. Admin Code 12 VAC5-550-440 FEES TYPE CHARGES CODE REFERENCE Clerk s Fee Va. Code A(26) Courts Technology Fund Va. Code (26) CHMF Va. Code Law Library Va. Code CHCF* Va.

7 Code Legal Aid Va. Code Technology Trust Fund Va. Code Writ Tax Va. Code * Not assessed if the amount of the civil action is $500 or less Declaratory Judgment A Declaratory Judgment is a remedy for the determination of a claim of right where the plaintiff is in doubt as to his legal rights. It is a binding adjudication of the rights and status of litigants, even though no consequential relief is awarded. Black s Law, 5th edition. Simply stated, it is a request of the court for determination or decision which states the rights of the parties to a dispute. An actual justiciable controversy must exist in order to file for this type of relief. Examples of reasons for this action include: interpretation of deeds, wills, other instruments, statutes, municipal ordinances and governmental regulations.

8 Virginia Code provides that in a declaratory judgment action or in an action for the granting of further relief, if issues of fact are present the issues may be submitted to a jury for a special verdict, , in the form of interrogatories with proper instructions by the court, whether a general verdict be required or not. Document Type Complaint Filing Type DECL CIRCUIT COURT CLERKS MANUAL - CIVIL SUITS/ACTION TYPES (D-F) PAGE 8-4 Office of the Executive Secretary Department of Judicial Services Rev: 7/20 Procedures Step 1 Plaintiff/Complainant files his Complaint with clerk. Comments: Sufficient copies of Complaint should be supplied upon filing for service on defendant(s)/respondent(s).

9 Step 2 Clerk receipts for money collected. Step 3 Clerk sets up case file, assigns a CIVIL case number and dockets case. Step 4 Clerk issues process. Step 5 Clerk certifies copies of any Orders of court for the parties upon request or upon direction of the court. Fees/Taxes/Other Monies Assessed Circuit Court Civil Filing Fee Calculation Form(s) Initiating documents not provided by clerk s office. Reference(s) Va. Code et seq. Va. Code Attorney General Opinion to Ridley, dated 10/7/69 (1969-70, page 52); CLERKS - Fees - Where suit for declaratory judgment filed in both law and chancery side of the court. FEES TYPE CHARGES CODE REFERENCE Clerk s Fee Va. Code A (13)(26) Courts Technology Fund Va.

10 Code A(13)(26) CHMF Va. Code Law Library Va. Code CHCF* Va. Code Legal Aid Va. Code Technology Trust Fund Va. Code Writ Tax Va. Code * Not assessed if the amount of the civil action is $500 or less CIRCUIT COURT CLERKS MANUAL - CIVIL SUITS/ACTION TYPES (D-F) PAGE 8-5 Office of the Executive Secretary Department of Judicial Services Rev: 7/20 Declare DEATH Petition requesting court to pronounce individual deceased. A person for seven years not heard of by those who, had he been alive, would naturally have heard of him, is presumed to be dead. The law raises no presumption as to the precise time of DEATH . The burden of proving that the DEATH took place at any particular time within the seven years lies upon the person claiming right to the establishment of which the fact is essential.


Related search queries