Except as provided in Article 4.1 (§ 17.1-258.2 et seq.) of Title 17.1 and for electronically signed or electronically notarized documents described in § 17.1-223, all writings that are to be recorded or docketed in the clerk's office of courts of record shall be an original or first generation printed form, or legible copy thereof, pen and ink, or typed ribbon copy and shall meet the standards for instruments as adopted under §§ 17.1-227 and 42.1-82 of the Virginia Public Records Act (§ 42.1-76 et seq.).
If a writing that does not conform to the requirements of this section or the standards for instruments adopted under § 17.1-227 and under § 42.1-82 of the Virginia Public Records Act (§ 42.1-76 et seq.) is accepted for recordation, it shall be deemed validly recorded and the clerk shall have no liability for accepting such a writing that does not meet the enumerated criteria in all the particulars.
The clerk of the circuit court of any jurisdiction shall be immune from suit arising from any acts or omissions relating to recordation of paper copies of electronically notarized documents pursuant to this section unless the clerk was grossly negligent or engaged in willful misconduct.
1924, p. 144; Michie Code 1942, § 5210a; Code 1950, § 55-108; 1983, c. 291; 1986, c. 346; 2005, c. 744; 2019, c. 712; 2021, Sp. Sess. I, c. 78.