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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>349838</law_id><section_number>16.1-69.40</section_number><catch_line>Powers and duties of clerks; civil liability</catch_line><edition url="https://vacode.org/2026/" slug="2026" current="TRUE" last_updated="2026-08-02">2026</edition><structure><unit label="title" level="1" order_by="48" identifier="16.1">Courts Not of Record</unit><unit label="chapter" level="2" order_by="5" identifier="4.1">District Courts</unit><unit label="article" level="3" order_by="4" identifier="4">Judges and Personnel of the District Courts</unit></structure><text>
						<section><p>The clerk and deputy clerks shall be conservators of the peace within the territory for which the <span class="dictionary">court</span> has <span class="dictionary">jurisdiction</span>, and may, within such judicial district, <span class="dictionary">issue</span> warrants, detention <span class="dictionary">orders</span>, and other processes, original, mesne and final, both civil and criminal, commit to jail or other detention facility, or admit to <span class="dictionary">bail</span> upon <span class="dictionary">recognizance</span>, persons charged with <span class="dictionary">crimes</span> or before the <span class="dictionary">court</span> on civil <span class="dictionary">petition</span>, subject to the limitations set forth by <span class="dictionary">law</span>, and <span class="dictionary">issue</span> <span class="dictionary">subpoenas</span> for witnesses, <span class="dictionary">writs</span> of fieri facias and <span class="dictionary">writs</span> of <span class="dictionary">possession</span> and eviction, <span class="dictionary">attachments</span> and <span class="dictionary">garnishments</span> and abstracts of <span class="dictionary">judgments</span>. A record made in the performance of the clerk&#x2019;s official duties may be authenticated as a true copy by the clerk or by a deputy clerk without additional authentication by the <span class="dictionary">judge</span> to whom the clerk reports, notwithstanding the provisions of subsection B of &#xA7;&#xA0;<a class="law" title="Copies of originals as evidence (Subdivision (6) of Supreme Court Rule 2:902 derived in part from subsection D of this section and Supreme Court Rule 2:1005 derived from this section)" href="/8.01-391/">8.01-391</a>.</p><p>No clerk or deputy clerk shall <span class="dictionary">issue</span> any warrant or process based on complaint of his spouse, child, grandchild, parent, grandparent, parent-in-<span class="dictionary">law</span>, child-in-<span class="dictionary">law</span>, brother, sister, brother-in-<span class="dictionary">law</span>, sister-in-<span class="dictionary">law</span>, nephew, niece, uncle, aunt, first cousin, guardian or ward. They may take <span class="dictionary">affidavits</span> and administer <span class="dictionary">oaths</span> and affirmations, take and certify <span class="dictionary">depositions</span> in the same manner as a notary public, perform such other notarial acts as allowed under &#xA7;&#xA0;<a class="law" title="Powers" href="/47.1-12/">47.1-12</a>, take acknowledgments to deeds or other writings for purposes of recordation, and <span class="dictionary">issue</span> all other legal processes which may be issued by the <span class="dictionary">judge</span> of such <span class="dictionary">court</span> and exercise such other powers and perform such other duties as are conferred or imposed upon them by <span class="dictionary">law</span>. The clerk may also <span class="dictionary">issue</span> to interested persons informational brochures authorized by a <span class="dictionary">judge</span> of such <span class="dictionary">court</span> explaining the legal rights of such persons.</p><p>No clerk or deputy clerk shall be civilly liable for providing information or assistance that is within the scope of his duties.</p><p>The clerk shall develop, implement and administer procedures necessary for the efficient operation of the clerk&#x2019;s office, keep the records and accounts of the <span class="dictionary">court</span>, supervise nonjudicial personnel and discharge such other duties as may be prescribed by the <span class="dictionary">judge</span>.</p></section></text><history>1972, c. 708; 1973, c. 546; 1974, c. 671; 1978, c. 463; 1983, c. 135; 1985, c. 99; 1989, c. 229; 2001, cc. 488, 499; 2019, cc. 180, 700.</history><metadata></metadata></law>
