A clerk of court, after sixty days have elapsed from the entry of judgment in a civil case or, if the civil case is appealed or notice of appeal is pending or the case is being reheard, when the appeal or rehearing is concluded, may dispose of or donate any exhibits filed in the case and in his possession after notifying the owner or his attorney by first-class mail and after twenty-one days from the mailing of the notice to the owner or attorney unless the owner or attorney requests the return of the exhibits.
§ 8.01-452.1.Disposal of exhibits in civil cases.
Chapter 17. Judgments and Decrees Generally · Article 5. Keeping of Docket Books; Execution Thereon; Disposal of Exhibits · Last amended 1998 · Last verified July 16, 2026
In one sentenceA clerk may dispose of or donate trial exhibits from a civil case sixty days after judgment, or after any appeal or rehearing concludes, once he mails notice to the owner or the owner’s attorney and lets twenty-one days pass without a request that the exhibits be returned.
Full Text of § 8.01-452.1
Plain-English Summary
Trial exhibits pile up in a clerk’s office long after a case ends, and Section 8.01-452.1 gives clerks a way to clear that backlog without discarding property that someone still wants back. The clock starts sixty days after judgment is entered in a civil case — or, if the case was appealed, if notice of appeal is pending, or if the case is being reheard, once that appeal or rehearing concludes.
Before disposing of or donating anything, the clerk must notify the owner or the owner’s attorney by first-class mail. Only after twenty-one days have passed from that mailing, with no request from the owner or attorney for the exhibits’ return, may the clerk go ahead and dispose of or donate them.
Frequently Asked Questions
How soon after judgment can a clerk dispose of civil case exhibits?
After sixty days have elapsed from the entry of judgment, unless the case is appealed or being reheard, in which case the clock runs from when the appeal or rehearing concludes.
Must the clerk notify anyone before disposing of exhibits?
Yes, the clerk must notify the owner or the owner’s attorney by first-class mail before disposing of or donating exhibits.
How long does the owner have to request the exhibits back after notice is mailed?
Twenty-one days from the mailing of the notice.
What can the clerk do with exhibits if no one requests their return in time?
The clerk may dispose of or donate the exhibits filed in the case that remain in his possession.
Does a pending appeal delay the clerk’s ability to dispose of exhibits?
Yes, if the case is appealed or notice of appeal is pending, or the case is being reheard, the clerk waits until the appeal or rehearing is concluded before disposing of exhibits.
Amendment History
1981, c. 312; 1992, c. 57; 1995, c. 13; 1997, c. 135; 1998, c. 886.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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