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2000 SESSION
002669924Be it enacted by the General Assembly of Virginia:
1. That §§ 17.1-255, 17.1-257, and 17.1-258 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 4 of Chapter 2 of Title 17.1 a section numbered 17.1-258.1 as follows:
§ 17.1-255. (Effective until July 1, 2004) Definition.
As used in this article, "electronic filing of documents" means the filing of
data transmitted to a circuit court clerk by the communication of written
information originally displayed in written form, as defined in §
1-13.32, in the form of digital electronic signals transformed transmitted by
computer and stored on microfilm, magnetic tape, optical disks, or CD-ROM.
Filing of data in the form of digital electronic signals may be transmitted via an
electronic network, such as the global information system known as the Internet.
§ 17.1-257. (Effective until July 1, 2004) Completion of electronic filing; transmission and distribution of data.
A. To complete an electronic filing:
1. The person filing an instrument a document with the circuit court clerk
must transmit the instrument document electronically and
2. The receiving station must transmit acknowledgment of receipt of the
transmission to the sending party by encoding electronic receipt of the
transmission;
3. The sending station must encode validation of the encoded receipt as
correct; and
4. The receiving station must respond by encoded transcription into the
computer system that validation has occurred and that the electronic transmission
has been completed.
B. Upon completion of an electronic filing, a receiving station shall transmit
data to the appropriate court as required and distribute data as required by
statute or rule. Data must be distributed or transmitted from or through the
medium of direct computer transmission, or via an electronic network, microfilm,
magnetic tape or disk, or optical disks, or CD-ROM.
§ 17.1-258. (Effective until July 1, 2004) Signature; when effective as originals.
A. If the sender of an electronically filed document files an affidavit of
authenticity along with the electronic filing and the electronic transmission bears a
facsimile or printing of the required signature, electronic signature pursuant
to § 59.1-469 or unique electronic identification, any statutory requirement
for an original signature shall be deemed to be satisfied. The requirement of
an affidavit of authenticity can be met by the use of [ a certificate of
authority digital certificate authority ]. Any reproduction of
the electronically filed document must bear a copy of the signature. The electronically reproduced
document shall be accepted as the signature document for all court-related
purposes unless the original with the original signature affixed is requested
by motion of one or more parties to a pending action or is otherwise required
by law. If the court grants the motion of a party, the order shall provide that
the original be filed with the court.
B. If the electronically filed document originated in an electronic format and
contains an electronic signature pursuant to [ § 59.1-469 Chapter 39 (§
59.1-467 et seq.) of Title 59.1 ] or an unique electronic identification, any
statutory requirement for an original signature shall be deemed to be
satisfied.
C. Any statutory requirement for a document to be notarized shall be deemed satisfied by the secure electronic signature of such notary.
§ 17.1-258.1. Expiration of article.
The provisions of this article shall expire on July 1, 2004.