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2010 SESSION

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10100989D
HOUSE BILL NO. 90 Offered January 13, 2010 Prefiled January 4, 2010 A BILL to amend and reenact § 17.1-258.3 of the Code of Virginia, relating to electronic filing in civil or criminal actions. ---------- Patron-- Kilgore ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 17.1-258.3 of the Code of Virginia is amended and reenacted as follows:

§ 17.1-258.3. Electronic filing in civil or criminal actions.

A. A clerk of circuit court may establish a system for electronic filing in civil or criminal actions that shall be governed by Rule 1:17 of the Rules of Supreme Court of Virginia. The circuit court clerk shall enter into an agreement with each person whom the clerk authorizes to file documents electronically, specifying the electronic filing procedures to be followed, including, but not limited to, security procedures, as defined in the Uniform Electronic Transactions Act, for transmitting notarized documents.

B. The clerks of the circuit courts within the Thirtieth Judicial Circuit may establish electronic filing in civil and criminal actions maintained by each clerk's designated application service provider. The clerk of the circuit court and the service provider shall otherwise certify compliance with Rule 1:17 of the Rules of the Supreme Court of Virginia.