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2015 SESSION
15103908DBe it enacted by the General Assembly of Virginia:
1. That § 16.1-69.48:5 of the Code of Virginia is amended and reenacted as follows:
§ 16.1-69.48:5. Fees for services of juvenile and domestic relations district court judges and clerks in certain civil cases.
Except as otherwise provided, upon the initial commencement of
any case in the juvenile and domestic relations district court pursuant to
subdivision A 3 of § 16.1-241 when the custody or visitation of a child is a
subject of controversy or requires determination, there shall be a filing fee
of $25. Upon any motion filed in the juvenile and domestic relations
district court to modify a custody or visitation order, there shall be a filing
fee of $25. However, only one $25 fee shall be required for all custody and
visitation petitions or motions simultaneously initiated by a single
petitioner. Notwithstanding any other provision of law, there shall be no other
fees or costs added to this fee as a condition of filing. No case to which
this either fee is applicable shall be set for hearing by the clerk
until this such fee has been paid except on account of poverty as
provided in § 17.1-606. Fees shall be paid to the clerk in the jurisdiction in
which the petition or motion is filed.
This Such fee shall not be charged in any case
brought by an agent of the Commonwealth or of a local government entity.
When service of process is had on the respondent named in a
petition or motion for which the a filing fee established
by this section has been paid, such petition or motion may be reissued
once by changing the return day of such process, for which service there shall
be no charge; however, reissuance of such process shall be within three months
after the original return day.
In the case of an appeal filed pursuant to § 16.1-296, the clerk shall collect any applicable fees for service of process of the notice of appeal in the circuit court from the appellant prior to transmitting the case to the clerk of the circuit court. For purposes of this section, service of process in the circuit court may include service on the appellee by the sheriff or private process server or certified or registered mail, and service on the attorney for the appellee by regular mail.