§ 8.01-392.When court order book or equivalent is lost or illegible, what matters may be reentered.
Chapter 14. Evidence · Article 3. Establishing Lost Records, Etc · Last amended 1977 · Last verified July 16, 2026
Full Text of § 8.01-392
Plain-English Summary
Court order books hold a court’s memory — every judgment, decree, and order the court entered lives there. Section 8.01-392 is the fix for when that memory gets damaged. If the book, microfilm record, or other form of record containing a court’s judgments, decrees, orders, or proceedings is lost, destroyed, or becomes illegible, the court is not stuck with a permanent gap.
The fix works as long as the missing matters can be reconstructed correctly from some other writing — a copy that survived elsewhere, a clerk’s working notes, anything reliable enough to establish exactly what the original entry said. Where that reconstruction is possible, the court can direct its clerk to reenter those matters into the record.
The reentry is not treated as a lesser substitute. The section gives it the same effect as the original entry, so once the clerk reenters a judgment or order that was lost, the reconstructed version carries the same legal weight going forward as if the original book had never been damaged at all.
Frequently Asked Questions
What kinds of court records does this section cover?
Any book, microfilm record, or record in other form containing judgments, decrees, orders, or proceedings of a court.
What triggers the ability to reenter matters under this section?
The book or record being lost, destroyed, or illegible.
What is required before a matter can be reentered?
There must be a way to again correctly enter, by means of any writing, the matters that were in the lost or illegible book.
Who carries out the reentry?
The court’s clerk, at the court’s direction.
What legal effect do the reentries have compared to the original entries?
The reentries have the same effect as the original entries.
Amendment History
Code 1950, § 8-280; 1977, c. 617.