CHAPTER 12

An Act to amend and reenact § 16.1-115 of the Code of Virginia, re-
lating to the disposition of papers in civil matters in courts not of

record.
[H 92]
Approved February 6, 1958

Be it enacted by the General Assembly of Virginia:

1. That § 16.1-115 of the Code of Virginia be amended and reenacted
as follows:

§ 16.1-115. All papers connected with any civil action or proceeding
in a court not of record, except those in actions or proceedings (1) in
which no service of process is had, (2) which are removed or appealed,
and (3) in which the papers are required by law to be sooner returned
to the clerk’s office of a court of record, shall be disposed of as follows:

(1) If in a county court, they shall be retained for six months after
the action or proceeding is concluded, and at the end of such period they
shall be delivered to the clerk of the circuit court where they shall be
properly filed, indexed and preserved, for which filing and indexing such
clerk shall receive a fee of twenty-five cents which shall be paid by the
plaintiff as a part of the costs and transmitted to the clerk of the circuit
court with the papers.

_ (2) If in a county court of a county adjoining a city having a popula-
tion in excess of two hundred thirty thousand, they shall be properly in-
dexed, filed and preserved in such court.

_. (8) If in a@ municipal court of a city or town which has combined
with a county for the joint operation of their courts, they shall be retained
for the same period prescribed herein for county courts, after which they
shall be delivered to the corporation court, if any, of the city, otherwise
to the court of record having jurisdiction therein, for filing, indexing and
preservation, for which filing and indexing such clerk shall receive a fee
of twenty-five cents which shall be paid and transmitted to him as pro-
vided in paragraph (1) hereof with respect to clerks of circuit courts.

(4) If in any other municipal court, they shall be disposed of as
provided by charter, but if there be no applicable charter provisions, then
they shall be properly indexed, filed and preserved in such court.

. (5) If in the County Court of Hanover County, they shall be properly
indexed, filed and preserved in such court.

All filing fees provided for herein shall be taxed as a part of the
costs. The papers in actions or proceedings in which no service of process
is had shall be preserved for a period of three months, after which they
may, in the discretion of the judge of the court, be destroyed.