Va. Code » Title 17.1. Courts of Record » Chapter 1. General Provisions
Virginia Code

Va. Code Ann. § 17.1-123 (2026)

How orders are recorded and signed

✓ current as of May 2026
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A. All orders that make up each day's proceedings of every circuit court shall be recorded by the clerk in a book known as the order book. Orders that make up each day's proceedings that have been recorded in the order book shall be deemed the official record pursuant to § 8.01-389 when (i) the judge's signature is shown in the order, (ii) the judge's signature is shown in the order book, or (iii) an order is recorded in the order book on the last day of each term showing the signature of each judge presiding during the term.

B. If a judge dies, retires or resigns before orders recorded in the order book have been authenticated, the orders shall have the same force and effect and shall be deemed authenticated when the signature of another judge of the same circuit court or the signature of the judge appointed to fill the vacancy or to preside over the court until the vacancy is filled is authenticated as provided in subsection A.

Code 1919, § 5962, § 17-27; 1940, p. 364; 1954, c. 175; 1966, c. 385; 1990, c. 566; 1998, c. 872; 2014, c. 291.

Notes of Decisions
Cited in 16 cases, 2000–2019 · leading case: Seaton v. Commonwealth, 595 S.E.2d 9 (Va. Ct. App. 2004).
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Seaton v. Commonwealth, 595 S.E.2d 9 (Va. Ct. App. 2004). · cites it 15× “Seaton next directs us to Code § 17.1-123. This statute, however, does not deal with the general admissibility of judicial records (as does Code § 8.”
Waller v. Com., 685 S.E.2d 48 (Va. 2009). · cites it 14× “01-389 (judicial records exception to the hearsay rule) and Virginia Code § 17.1-123 (addressing authentication of orders from circuit court order books).”
Donald Keith Epps v. Commonwealth of Virginia, 785 S.E.2d 792 (Va. Ct. App. 2016). · cites it 2× “Additionally, Code § 17.1-123(A), which addresses the signing and recording of court orders, does not contain a timing *401 requirement.”
Lampkin v. Commonwealth, 706 S.E.2d 51 (Va. Ct. App. 2011). · cites it 10× “Introduction Code § 17.1-123(A) states that an unsigned order entered into a circuit court’s order book is “deemed authenticated when .”
Epps v. Commonwealth, 799 S.E.2d 516 (Va. 2017). · cites it 2× “2-217 provides that "no person shall be put upon trial for any felony, unless an indictment or presentment shall have first been found or made by a grand jury in a court of competent jurisdiction.”
Waller v. Commonwealth, 665 S.E.2d 848 (Va. Ct. App. 2008). · cites it 4× “Because of the presumption of official regularity, the trial court had “a reasonable basis for inferring that the order book included a judge’s signature or a signed term order in compliance with Code § 17.”
James C. Howard, Jr. v. Commonwealth of Virginia, 760 S.E.2d 828 (Va. Ct. App. 2014). · cites it 2× “This argument mixes the statutory requirements for recording the daily proceedings of a circuit court in an order book, see Code § 17.1-123 and § 17.1-124, and recording of writings required to be kept in the various books in the circuit court clerk’s office, see Code § 17.”
Mwangi v. Commonwealth, 659 S.E.2d 519 (Va. Ct. App. 2008). · cites it 4× “Mwangi attempts to distinguish Seaton by pointing out the Court presumed in that case that the clerk complied with Code § 17.1-123 providing for the signing of orders and order books.”
Antonio Elton Hubbard v. Commonwealth of Virginia (Va. Ct. App. 2017). · cites it 32× “After the hearing, the trial court ruled that the certified copy of the pages of the order book demonstrated compliance with Code § 17.1-123, and thus, was properly admissible under Code § 8.”
Croteau v. Croteau (In Re Croteau), 246 B.R. 254 (Bankr. E.D. Va. 2000). · cites it 2× “Compare, Va.Code Ann. §§ 17.1-123 and 17.1-124 (requiring clerk of circuit court to maintain and keep order books containing copies of all orders and judgments entered by the court), unth Va.”
Samuel Rudolph Joshua Raspberry v. Commonwealth of Virginia (Va. Ct. App. 2019). · cites it 14× “However, Code § 17.1-123(A) deals with the maintenance of the circuit court’s order book and in any event, since Waller, the General Assembly has revised both Code § 8.”
Ronnie Odell Brooks v. Commonwealth (Va. Ct. App. 2005). · cites it 6× “ANALYSIS Appellant argues, on appeal, that in order to prove a prior conviction, the Commonwealth must present a conviction that complies with Code § 17.1-123(A). Otherwise, he claims, the copy of the conviction order is not authenticated and should not be afforded any weight by…”
Show all 16 citing cases →
— Va. Code Ann. § 17.1-123(A) — 8 cases
Seaton v. Commonwealth, 595 S.E.2d 9 (Va. Ct. App. 2004). “Seaton next directs us to Code § 17.1-123. This statute, however, does not deal with the general admissibility of judicial records (as does Code § 8.”
Waller v. Com., 685 S.E.2d 48 (Va. 2009). “01-389 (judicial records exception to the hearsay rule) and Virginia Code § 17.1-123 (addressing authentication of orders from circuit court order books).”
Donald Keith Epps v. Commonwealth of Virginia, 785 S.E.2d 792 (Va. Ct. App. 2016). “Additionally, Code § 17.1-123(A), which addresses the signing and recording of court orders, does not contain a timing *401 requirement.”
Lampkin v. Commonwealth, 706 S.E.2d 51 (Va. Ct. App. 2011). “Introduction Code § 17.1-123(A) states that an unsigned order entered into a circuit court’s order book is “deemed authenticated when .”
Samuel Rudolph Joshua Raspberry v. Commonwealth of Virginia (Va. Ct. App. 2019). “However, Code § 17.1-123(A) deals with the maintenance of the circuit court’s order book and in any event, since Waller, the General Assembly has revised both Code § 8.”
— Va. Code Ann. § 17.1-123(A)(i) — 2 cases
Waller v. Com., 685 S.E.2d 48 (Va. 2009). “01-389 (judicial records exception to the hearsay rule) and Virginia Code § 17.1-123 (addressing authentication of orders from circuit court order books).”
Antonio Elton Hubbard v. Commonwealth of Virginia (Va. Ct. App. 2017). “After the hearing, the trial court ruled that the certified copy of the pages of the order book demonstrated compliance with Code § 17.1-123, and thus, was properly admissible under Code § 8.”
— Va. Code Ann. § 17.1-123(A)(ii) — 4 cases
Seaton v. Commonwealth, 595 S.E.2d 9 (Va. Ct. App. 2004). “Seaton next directs us to Code § 17.1-123. This statute, however, does not deal with the general admissibility of judicial records (as does Code § 8.”
Waller v. Com., 685 S.E.2d 48 (Va. 2009). “01-389 (judicial records exception to the hearsay rule) and Virginia Code § 17.1-123 (addressing authentication of orders from circuit court order books).”
Waller v. Commonwealth, 665 S.E.2d 848 (Va. Ct. App. 2008). “Because of the presumption of official regularity, the trial court had “a reasonable basis for inferring that the order book included a judge’s signature or a signed term order in compliance with Code § 17.”
Antonio Elton Hubbard v. Commonwealth of Virginia (Va. Ct. App. 2017). “After the hearing, the trial court ruled that the certified copy of the pages of the order book demonstrated compliance with Code § 17.1-123, and thus, was properly admissible under Code § 8.”
— Va. Code Ann. § 17.1-123(A)(iii) — 1 case
Antonio Elton Hubbard v. Commonwealth of Virginia (Va. Ct. App. 2017). “After the hearing, the trial court ruled that the certified copy of the pages of the order book demonstrated compliance with Code § 17.1-123, and thus, was properly admissible under Code § 8.”
— Va. Code Ann. § 17.1-123(ii) — 1 case
Antonio Elton Hubbard v. Commonwealth of Virginia (Va. Ct. App. 2017). “After the hearing, the trial court ruled that the certified copy of the pages of the order book demonstrated compliance with Code § 17.1-123, and thus, was properly admissible under Code § 8.”
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