Virginia § 16.1-118 - When papers in civil cases returned to courts of record may be destroyed

Full text of Virginia Code of Virginia § 16.1-118 — When papers in civil cases returned to courts of record may be destroyed, with citation guidance and answers to common questions.

§ 16.1-118. When papers in civil cases returned to courts of record may be destroyed

The clerk of any court of record to whose office papers in civil cases in the district court have been returned for indexing and preserving under § 16.1-69.55 may destroy the files, papers and records connected with any such civil case, if:

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

(2) Judgment was entered in such case but twenty years have elapsed since entry of such judgment and a motion to extend the period for enforcement of judgment has not been brought prior to the expiration of twenty years from the date such judgment was entered; or

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

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

1956, c. 555; 1962, c. 444; 1972, c. 491; 1977, c. 169; 1982, c. 153.

Source: official Virginia text · Last verified 2026-08-27

Frequently Asked Questions About Virginia § 16.1-118

What does Code of Virginia § 16.1-118 cover?

Section 16.1-118 ("When papers in civil cases returned to courts of record may be destroyed") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Virginia § 16.1-118?

A common citation format is "Code of Virginia § 16.1-118" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Virginia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.

How does Virginia § 16.1-118 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.