{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/42.1-90.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/42.1-90.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/42.1-90.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/42.1-90.html"}],"law_id":363641,"edition_id":2,"section_id":363641,"structure_id":51886,"section_number":"42.1-90","catch_line":"Seizure of public records not in authorized possession","history":"1975, c. 180; 1976, c. 746.","full_text":"A\n\nAt any time after the filing of the petition set out in § 42.1-89 or contemporaneous with such filing, the person seeking the return of the public records may by ex parte petition request the judge or the court in which the action was filed to issue an order directed at the sheriff or other proper officer, as the case may be, commanding him to seize the materials which are the subject of the action and deliver the same to the court under the circumstances hereinafter set forth.\n\nB\n\nThe judge aforesaid shall issue an order of seizure upon receipt of an affidavit from the petitioner which alleges that the material at issue may be sold, secreted, removed out of this Commonwealth or otherwise disposed of so as not to be forthcoming to answer the final judgment of the court respecting the same; or that such property may be destroyed or materially damaged or injured if permitted to remain out of the petitioner’s possession.\n\nC\n\nThe aforementioned order of seizure shall issue without notice to the respondent and without the posting of any bond or other security by the petitioner.\n\n","order_by":null,"text":{"0":{"id":1354858,"text":"At any time after the filing of the petition set out in § 42.1-89 or contemporaneous with such filing, the person seeking the return of the public records may by ex parte petition request the judge or the court in which the action was filed to issue an order directed at the sheriff or other proper officer, as the case may be, commanding him to seize the materials which are the subject of the action and deliver the same to the court under the circumstances hereinafter set forth.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1354859,"text":"The judge aforesaid shall issue an order of seizure upon receipt of an affidavit from the petitioner which alleges that the material at issue may be sold, secreted, removed out of this Commonwealth or otherwise disposed of so as not to be forthcoming to answer the final judgment of the court respecting the same; or that such property may be destroyed or materially damaged or injured if permitted to remain out of the petitioner’s possession.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1354860,"text":"The aforementioned order of seizure shall issue without notice to the respondent and without the posting of any bond or other security by the petitioner.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":51886,"edition_id":2,"name":"Virginia Public Records Act","identifier":"7","label":"chapter","depth":2,"order_by":7,"parent_id":51873,"metadata":{"child_laws":21,"child_structures":0},"date_created":"2026-08-02 02:50:39","date_modified":"2026-08-02 12:33:27","permalink":{"id":1448155,"object_type":"structure","relational_id":51886,"identifier":"7","token":"42.1\/7","url":"\/42.1\/7\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51873,"edition_id":2,"name":"Libraries","identifier":"42.1","label":"title","depth":1,"order_by":93,"parent_id":null,"metadata":{"child_laws":105,"child_structures":14},"date_created":"2026-08-02 02:50:30","date_modified":"2026-08-02 12:33:26","permalink":{"id":1447817,"object_type":"structure","relational_id":51873,"identifier":"42.1","token":"42.1","url":"\/42.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":363622,"structure_id":51886,"section_number":"42.1-76","catch_line":"Legislative intent; title of chapter","url":"\/42.1-76\/","token":"42.1\/7\/42.1-76","metadata":false},{"id":363621,"structure_id":51886,"section_number":"42.1-76.1","catch_line":"Notice of Chapter","url":"\/42.1-76.1\/","token":"42.1\/7\/42.1-76.1","metadata":{"court_decisions":""}},{"id":363623,"structure_id":51886,"section_number":"42.1-77","catch_line":"Definitions","url":"\/42.1-77\/","token":"42.1\/7\/42.1-77","metadata":false},{"id":363624,"structure_id":51886,"section_number":"42.1-78","catch_line":"Confidentiality safeguarded","url":"\/42.1-78\/","token":"42.1\/7\/42.1-78","metadata":false},{"id":363626,"structure_id":51886,"section_number":"42.1-79","catch_line":"Records management function vested in The Library of Virginia","url":"\/42.1-79\/","token":"42.1\/7\/42.1-79","metadata":false},{"id":363625,"structure_id":51886,"section_number":"42.1-79.1","catch_line":"Repealed","url":"\/42.1-79.1\/","token":"42.1\/7\/42.1-79.1","metadata":false},{"id":363628,"structure_id":51886,"section_number":"42.1-80","catch_line":"Repealed","url":"\/42.1-80\/","token":"42.1\/7\/42.1-80","metadata":false},{"id":363629,"structure_id":51886,"section_number":"42.1-82","catch_line":"Duties and powers of Library Board","url":"\/42.1-82\/","token":"42.1\/7\/42.1-82","metadata":false},{"id":363630,"structure_id":51886,"section_number":"42.1-83","catch_line":"Repealed","url":"\/42.1-83\/","token":"42.1\/7\/42.1-83","metadata":false},{"id":363631,"structure_id":51886,"section_number":"42.1-84","catch_line":"Repealed","url":"\/42.1-84\/","token":"42.1\/7\/42.1-84","metadata":false},{"id":363632,"structure_id":51886,"section_number":"42.1-85","catch_line":"Records Management Program; agencies to cooperate; agencies to designate records officer","url":"\/42.1-85\/","token":"42.1\/7\/42.1-85","metadata":false},{"id":363635,"structure_id":51886,"section_number":"42.1-86","catch_line":"Essential public records; security recovery copies; disaster plans","url":"\/42.1-86\/","token":"42.1\/7\/42.1-86","metadata":false},{"id":363633,"structure_id":51886,"section_number":"42.1-86.01","catch_line":"Records may be retained in electronic medium","url":"\/42.1-86.01\/","token":"42.1\/7\/42.1-86.01","metadata":false},{"id":363634,"structure_id":51886,"section_number":"42.1-86.1","catch_line":"Disposition of public records","url":"\/42.1-86.1\/","token":"42.1\/7\/42.1-86.1","metadata":false},{"id":363636,"structure_id":51886,"section_number":"42.1-87","catch_line":"Archival public records","url":"\/42.1-87\/","token":"42.1\/7\/42.1-87","metadata":false},{"id":363637,"structure_id":51886,"section_number":"42.1-88","catch_line":"Custodians to deliver all records at expiration of term; penalty for noncompliance","url":"\/42.1-88\/","token":"42.1\/7\/42.1-88","metadata":false},{"id":363638,"structure_id":51886,"section_number":"42.1-89","catch_line":"Petition and court order for return of public records not in authorized possession","url":"\/42.1-89\/","token":"42.1\/7\/42.1-89","metadata":false},{"id":363641,"structure_id":51886,"section_number":"42.1-90","catch_line":"Seizure of public records not in authorized possession","url":"\/42.1-90\/","token":"42.1\/7\/42.1-90","metadata":false},{"id":363640,"structure_id":51886,"section_number":"42.1-90.1","catch_line":"Auditing","url":"\/42.1-90.1\/","token":"42.1\/7\/42.1-90.1","metadata":false},{"id":363643,"structure_id":51886,"section_number":"42.1-91","catch_line":"Repealed","url":"\/42.1-91\/","token":"42.1\/7\/42.1-91","metadata":false},{"id":363642,"structure_id":51886,"section_number":"42.1-91.1","catch_line":"Availability of public records created prior to January 1, 1901","url":"\/42.1-91.1\/","token":"42.1\/7\/42.1-91.1","metadata":false}],"previous_section":{"id":363638,"structure_id":51886,"section_number":"42.1-89","catch_line":"Petition and court order for return of public records not in authorized possession","url":"\/42.1-89\/","token":"42.1\/7\/42.1-89","metadata":false},"next_section":{"id":363640,"structure_id":51886,"section_number":"42.1-90.1","catch_line":"Auditing","url":"\/42.1-90.1\/","token":"42.1\/7\/42.1-90.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/42.1-90\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapter 180 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1976, chapter 746.<\/p>","references":false,"refers_to":[{"id":363638,"section_number":"42.1-89","catch_line":"Petition and court order for return of public records not in authorized possession","order_by":null,"url":"\/42.1-89\/"}],"permalink":{"id":1448225,"object_type":"law","relational_id":363641,"identifier":"42.1-90","token":"42.1\/7\/42.1-90","url":"\/42.1-90\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/42.1-90\/","token":"42.1\/7\/42.1-90","dublin_core":{"Title":"Seizure of public records not in authorized possession","Type":"Text","Format":"text\/html","Identifier":"\u00a7 42.1-90","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> At any time after the filing of the petition<\/span> set out in § 42.1-89<\/a> or contemporaneous with such filing, the person seeking the return of the public records<\/span> may by ex parte<\/span> petition<\/span> request the judge<\/span> or the court<\/span> in which the action was filed to issue<\/span> an order<\/span> directed at the sheriff or other proper officer, as the case may be, commanding him to seize the materials<\/span> which are the subject of the action and deliver the same to the court<\/span> under the circumstances hereinafter set forth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The judge<\/span> aforesaid shall issue<\/span> an order<\/span> of seizure upon receipt of an affidavit<\/span> from the petitioner which alleges that the material<\/span> at issue<\/span> may be sold, secreted, removed out of this Commonwealth or otherwise disposed of so as not to be forthcoming to answer the final judgment<\/span> of the court<\/span> respecting the same; or that such property may be destroyed or materially damaged or injured if permitted to remain out of the petitioner’s possession<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The aforementioned order<\/span> of seizure shall issue<\/span> without notice to the respondent and without the posting of any bond<\/span> or other security by the petitioner. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSEIZURE OF PUBLIC RECORDS NOT IN AUTHORIZED POSSESSION (\u00a7 42.1-90)\n\nA. At any time after the filing of the petition set out in § 42.1-89 or\ncontemporaneous with such filing, the person seeking the return of the public\nrecords may by ex parte petition request the judge or the court in which the\naction was filed to issue an order directed at the sheriff or other proper\nofficer, as the case may be, commanding him to seize the materials which are the\nsubject of the action and deliver the same to the court under the circumstances\nhereinafter set forth.\n\nB. The judge aforesaid shall issue an order of seizure upon receipt of an\naffidavit from the petitioner which alleges that the material at issue may be\nsold, secreted, removed out of this Commonwealth or otherwise disposed of so as\nnot to be forthcoming to answer the final judgment of the court respecting the\nsame; or that such property may be destroyed or materially damaged or injured if\npermitted to remain out of the petitioner’s possession.\n\nC. The aforementioned order of seizure shall issue without notice to the\nrespondent and without the posting of any bond or other security by the\npetitioner.\n\nHISTORY: 1975, c. 180; 1976, c. 746.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}