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2015 SESSION
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 proceedings.
Any clerk of circuit court may establish and operate a system
for electronic filing in civil or criminal proceedings that shall be governed
by the Rules of the Supreme Court of Virginia. The circuit court clerk
may require each person whom the clerk authorizes to file documents
electronically to provide proof of identity to the clerk and to enter into an
agreement specifying the electronic filing procedures to be followed,
including, but not limited to, security procedures, as defined in the Uniform
Electronic Transactions Act (§ 59.1-479 et seq.), for transmitting signed or
notarized documents. The clerk may charge copy fees per page, as provided in
subdivision A 8 of § 17.1-275, and obtain reimbursement for fees paid by
subscribers to its designated application service providers for the technology
systems used to operate electronic filing in civil and criminal cases in the
clerk's office. The fees and reimbursements collected shall be deposited by the
clerk into the clerk's nonreverting local fund to be used to cover operational
expenses as defined in § 17.1-295. Nothing herein shall be construed to prevent
the clerk from entering into agreements with designated application service
providers to provide all or part of the network or system for electronic filing
of civil or criminal records as provided herein. Further, nothing herein shall
be construed to require the electronic filing of any civil or criminal record,
and such records may continue to be filed in paper form.
Any clerk of circuit court with an electronic filing system
established in accordance with the Rules of the Supreme Court of
Virginia may charge an additional $2 $5 fee for every civil case
initially filed by paper, except that a person who is determined to be indigent
pursuant to § 19.2-159 shall be exempt from the payment of such fee. The fee
shall be paid to the clerk's office and deposited by the clerk into the clerk's
nonreverting local fund to be exclusively used to cover the operational
expenses as defined in § 17.1-295.