{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3713.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3713.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3713.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3713.html"}],"law_id":69183,"edition_id":1,"section_id":69183,"structure_id":12976,"section_number":"2.2-3713","catch_line":"Proceedings for enforcement of chapter","history":"1968, c. 479, \u00a7 2.1-346; 1976, c. 709; 1978, c. 826; 1989, c. 358; 1990, c. 217; 1996, c. 578; 1999, cc. 703, 726; 2001, c. 844; 2007, c. 560; 2009, c. 634; 2010, c. 299; 2011, cc. 133, 783; 2016, cc. 620, 716; 2019, c. 531.","full_text":"A\n\nAny person, including the attorney for the Commonwealth acting in his official or individual capacity, denied the rights and privileges conferred by this chapter may proceed to enforce such rights and privileges by filing a petition for mandamus or injunction, supported by an affidavit showing good cause. Such petition may be brought in the name of the person notwithstanding that a request for public records was made by the person’s attorney in his representative capacity. Venue for the petition shall be addressed as follows:1\n\nIn a case involving a local public body, to the general district court or circuit court of the county or city from which the public body has been elected or appointed to serve and in which such rights and privileges were so denied;2\n\nIn a case involving a regional public body, to the general district or circuit court of the county or city where the principal business office of such body is located; and3\n\nIn a case involving a board, bureau, commission, authority, district, institution, or agency of the state government, including a public institution of higher education, or a standing or other committee of the General Assembly, to the general district court or the circuit court of the residence of the aggrieved party or of the City of Richmond.B\n\nIn any action brought before a general district court, a corporate petitioner may appear through its officer, director or managing agent without the assistance of counsel, notwithstanding any provision of law or Rule of Supreme Court of Virginia to the contrary.C\n\nNotwithstanding the provisions of § 8.01-644, the petition for mandamus or injunction shall be heard within seven days of the date when the same is made, provided the party against whom the petition is brought has received a copy of the petition at least three working days prior to filing. However, if the petition or the affidavit supporting the petition for mandamus or injunction alleges violations of the open meetings requirements of this chapter, the three-day notice to the party against whom the petition is brought shall not be required. The hearing on any petition made outside of the regular terms of the circuit court of a locality that is included in a judicial circuit with another locality or localities shall be given precedence on the docket of such court over all cases that are not otherwise given precedence by law.D\n\nThe petition shall allege with reasonable specificity the circumstances of the denial of the rights and privileges conferred by this chapter. A single instance of denial of the rights and privileges conferred by this chapter shall be sufficient to invoke the remedies granted herein. If the court finds the denial to be in violation of the provisions of this chapter, the petitioner shall be entitled to recover reasonable costs, including costs and reasonable fees for expert witnesses, and attorney fees from the public body if the petitioner substantially prevails on the merits of the case, unless special circumstances would make an award unjust. In making this determination, a court may consider, among other things, the reliance of a public body on an opinion of the Attorney General or a decision of a court that substantially supports the public body’s position.E\n\nIn any action to enforce the provisions of this chapter, the public body shall bear the burden of proof to establish an exclusion by a preponderance of the evidence. No court shall be required to accord any weight to the determination of a public body as to whether an exclusion applies. Any failure by a public body to follow the procedures established by this chapter shall be presumed to be a violation of this chapter.F\n\nFailure by any person to request and receive notice of the time and place of meetings as provided in § 2.2-3707 shall not preclude any person from enforcing his rights and privileges conferred by this chapter.","order_by":null,"text":{"0":{"id":250312,"text":"Any person, including the attorney for the Commonwealth acting in his official or individual capacity, denied the rights and privileges conferred by this chapter may proceed to enforce such rights and privileges by filing a petition for mandamus or injunction, supported by an affidavit showing good cause. Such petition may be brought in the name of the person notwithstanding that a request for public records was made by the person’s attorney in his representative capacity. Venue for the petition shall be addressed as follows:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":250313,"text":"In a case involving a local public body, to the general district court or circuit court of the county or city from which the public body has been elected or appointed to serve and in which such rights and privileges were so denied;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":250314,"text":"In a case involving a regional public body, to the general district or circuit court of the county or city where the principal business office of such body is located; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":250315,"text":"In a case involving a board, bureau, commission, authority, district, institution, or agency of the state government, including a public institution of higher education, or a standing or other committee of the General Assembly, to the general district court or the circuit court of the residence of the aggrieved party or of the City of Richmond.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":250316,"text":"In any action brought before a general district court, a corporate petitioner may appear through its officer, director or managing agent without the assistance of counsel, notwithstanding any provision of law or Rule of Supreme Court of Virginia to the contrary.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":250317,"text":"Notwithstanding the provisions of § 8.01-644, the petition for mandamus or injunction shall be heard within seven days of the date when the same is made, provided the party against whom the petition is brought has received a copy of the petition at least three working days prior to filing. However, if the petition or the affidavit supporting the petition for mandamus or injunction alleges violations of the open meetings requirements of this chapter, the three-day notice to the party against whom the petition is brought shall not be required. The hearing on any petition made outside of the regular terms of the circuit court of a locality that is included in a judicial circuit with another locality or localities shall be given precedence on the docket of such court over all cases that are not otherwise given precedence by law.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":250318,"text":"The petition shall allege with reasonable specificity the circumstances of the denial of the rights and privileges conferred by this chapter. A single instance of denial of the rights and privileges conferred by this chapter shall be sufficient to invoke the remedies granted herein. If the court finds the denial to be in violation of the provisions of this chapter, the petitioner shall be entitled to recover reasonable costs, including costs and reasonable fees for expert witnesses, and attorney fees from the public body if the petitioner substantially prevails on the merits of the case, unless special circumstances would make an award unjust. In making this determination, a court may consider, among other things, the reliance of a public body on an opinion of the Attorney General or a decision of a court that substantially supports the public body’s position.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":250319,"text":"In any action to enforce the provisions of this chapter, the public body shall bear the burden of proof to establish an exclusion by a preponderance of the evidence. No court shall be required to accord any weight to the determination of a public body as to whether an exclusion applies. Any failure by a public body to follow the procedures established by this chapter shall be presumed to be a violation of this chapter.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":250320,"text":"Failure by any person to request and receive notice of the time and place of meetings as provided in § 2.2-3707 shall not preclude any person from enforcing his rights and privileges conferred by this chapter.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":12976,"edition_id":1,"name":"Virginia Freedom of Information Act","identifier":"37","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":176447,"object_type":"structure","relational_id":12976,"identifier":"37","token":"2.2\/II\/B\/37","url":"\/2.2\/II\/B\/37\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55569,"structure_id":12976,"section_number":"2.2-3700","catch_line":"Short title; policy","url":"\/2.2-3700\/","token":"2.2\/II\/B\/37\/2.2-3700","metadata":false},{"id":62411,"structure_id":12976,"section_number":"2.2-3701","catch_line":"Definitions","url":"\/2.2-3701\/","token":"2.2\/II\/B\/37\/2.2-3701","metadata":false},{"id":84993,"structure_id":12976,"section_number":"2.2-3702","catch_line":"Notice of chapter","url":"\/2.2-3702\/","token":"2.2\/II\/B\/37\/2.2-3702","metadata":false},{"id":72501,"structure_id":12976,"section_number":"2.2-3703","catch_line":"Public bodies and records to which chapter inapplicable; voter registration and election records; access by persons incarcerated in a state, local, or federal correctional facility","url":"\/2.2-3703\/","token":"2.2\/II\/B\/37\/2.2-3703","metadata":false},{"id":65525,"structure_id":12976,"section_number":"2.2-3703.1","catch_line":"Disclosure pursuant to court order or subpoena","url":"\/2.2-3703.1\/","token":"2.2\/II\/B\/37\/2.2-3703.1","metadata":false},{"id":55816,"structure_id":12976,"section_number":"2.2-3704","catch_line":"Public records to be open to inspection; procedure for requesting records and responding to request; charges; transfer of records for storage, etc","url":"\/2.2-3704\/","token":"2.2\/II\/B\/37\/2.2-3704","metadata":false},{"id":59602,"structure_id":12976,"section_number":"2.2-3704.01","catch_line":"Records containing both excluded and nonexcluded information; duty to redact","url":"\/2.2-3704.01\/","token":"2.2\/II\/B\/37\/2.2-3704.01","metadata":false},{"id":85069,"structure_id":12976,"section_number":"2.2-3704.1","catch_line":"Posting of notice of rights and responsibilities by state and local public bodies; assistance by the Freedom of Information Advisory Council","url":"\/2.2-3704.1\/","token":"2.2\/II\/B\/37\/2.2-3704.1","metadata":false},{"id":71452,"structure_id":12976,"section_number":"2.2-3704.2","catch_line":"Public bodies to designate FOIA officer","url":"\/2.2-3704.2\/","token":"2.2\/II\/B\/37\/2.2-3704.2","metadata":false},{"id":84504,"structure_id":12976,"section_number":"2.2-3704.3","catch_line":"Training for local officials","url":"\/2.2-3704.3\/","token":"2.2\/II\/B\/37\/2.2-3704.3","metadata":false},{"id":86102,"structure_id":12976,"section_number":"2.2-3705","catch_line":"Repealed","url":"\/2.2-3705\/","token":"2.2\/II\/B\/37\/2.2-3705","metadata":false},{"id":72874,"structure_id":12976,"section_number":"2.2-3705.1","catch_line":"Exclusions to application of chapter; exclusions of general application to public bodies","url":"\/2.2-3705.1\/","token":"2.2\/II\/B\/37\/2.2-3705.1","metadata":false},{"id":67553,"structure_id":12976,"section_number":"2.2-3705.2","catch_line":"Exclusions to application of chapter; records relating to public safety","url":"\/2.2-3705.2\/","token":"2.2\/II\/B\/37\/2.2-3705.2","metadata":false},{"id":77912,"structure_id":12976,"section_number":"2.2-3705.3","catch_line":"(Effective July 1, 2026) Exclusions to application of chapter; records relating to administrative investigations","url":"\/2.2-3705.3\/","token":"2.2\/II\/B\/37\/2.2-3705.3","metadata":false},{"id":69909,"structure_id":12976,"section_number":"2.2-3705.4","catch_line":"Exclusions to application of chapter; educational records and certain records of educational institutions","url":"\/2.2-3705.4\/","token":"2.2\/II\/B\/37\/2.2-3705.4","metadata":false},{"id":60253,"structure_id":12976,"section_number":"2.2-3705.5","catch_line":"Exclusions to application of chapter; health and social services records","url":"\/2.2-3705.5\/","token":"2.2\/II\/B\/37\/2.2-3705.5","metadata":false},{"id":59772,"structure_id":12976,"section_number":"2.2-3705.6","catch_line":"Exclusions to application of chapter; proprietary records and trade secrets","url":"\/2.2-3705.6\/","token":"2.2\/II\/B\/37\/2.2-3705.6","metadata":false},{"id":79544,"structure_id":12976,"section_number":"2.2-3705.7","catch_line":"Exclusions to application of chapter; records of specific public bodies and certain other limited exclusions","url":"\/2.2-3705.7\/","token":"2.2\/II\/B\/37\/2.2-3705.7","metadata":false},{"id":59878,"structure_id":12976,"section_number":"2.2-3705.8","catch_line":"Limitation on record exclusions","url":"\/2.2-3705.8\/","token":"2.2\/II\/B\/37\/2.2-3705.8","metadata":false},{"id":76628,"structure_id":12976,"section_number":"2.2-3706","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement and criminal records; limitations","url":"\/2.2-3706\/","token":"2.2\/II\/B\/37\/2.2-3706","metadata":false},{"id":78370,"structure_id":12976,"section_number":"2.2-3706.1","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement records; criminal incident information and certain criminal investigative files; limitations","url":"\/2.2-3706.1\/","token":"2.2\/II\/B\/37\/2.2-3706.1","metadata":false},{"id":58697,"structure_id":12976,"section_number":"2.2-3707","catch_line":"Meetings to be public; notice of meetings; recordings; minutes","url":"\/2.2-3707\/","token":"2.2\/II\/B\/37\/2.2-3707","metadata":false},{"id":58814,"structure_id":12976,"section_number":"2.2-3707.01","catch_line":"Meetings of the General Assembly","url":"\/2.2-3707.01\/","token":"2.2\/II\/B\/37\/2.2-3707.01","metadata":false},{"id":79260,"structure_id":12976,"section_number":"2.2-3707.02","catch_line":"Meetings of Virginia Parole Board","url":"\/2.2-3707.02\/","token":"2.2\/II\/B\/37\/2.2-3707.02","metadata":false},{"id":66397,"structure_id":12976,"section_number":"2.2-3707.1","catch_line":"Posting of minutes for state boards and commissions","url":"\/2.2-3707.1\/","token":"2.2\/II\/B\/37\/2.2-3707.1","metadata":false},{"id":58470,"structure_id":12976,"section_number":"2.2-3707.2","catch_line":"Posting of minutes for local public bodies","url":"\/2.2-3707.2\/","token":"2.2\/II\/B\/37\/2.2-3707.2","metadata":false},{"id":87037,"structure_id":12976,"section_number":"2.2-3708","catch_line":"Repealed","url":"\/2.2-3708\/","token":"2.2\/II\/B\/37\/2.2-3708","metadata":false},{"id":55165,"structure_id":12976,"section_number":"2.2-3708.1","catch_line":"Repealed","url":"\/2.2-3708.1\/","token":"2.2\/II\/B\/37\/2.2-3708.1","metadata":false},{"id":78376,"structure_id":12976,"section_number":"2.2-3708.2","catch_line":"Meetings held through electronic communication means during declared states of emergency","url":"\/2.2-3708.2\/","token":"2.2\/II\/B\/37\/2.2-3708.2","metadata":false},{"id":54063,"structure_id":12976,"section_number":"2.2-3708.3","catch_line":"Meetings held through electronic communication means; situations other than declared states of emergency","url":"\/2.2-3708.3\/","token":"2.2\/II\/B\/37\/2.2-3708.3","metadata":false},{"id":84465,"structure_id":12976,"section_number":"2.2-3709","catch_line":"Expired","url":"\/2.2-3709\/","token":"2.2\/II\/B\/37\/2.2-3709","metadata":false},{"id":66505,"structure_id":12976,"section_number":"2.2-3710","catch_line":"Transaction of public business other than by votes at meetings prohibited","url":"\/2.2-3710\/","token":"2.2\/II\/B\/37\/2.2-3710","metadata":false},{"id":72789,"structure_id":12976,"section_number":"2.2-3711","catch_line":"(Effective July 1, 2026) Closed meetings authorized for certain limited purposes","url":"\/2.2-3711\/","token":"2.2\/II\/B\/37\/2.2-3711","metadata":false},{"id":54622,"structure_id":12976,"section_number":"2.2-3712","catch_line":"Closed meetings procedures; certification of proceedings","url":"\/2.2-3712\/","token":"2.2\/II\/B\/37\/2.2-3712","metadata":false},{"id":69183,"structure_id":12976,"section_number":"2.2-3713","catch_line":"Proceedings for enforcement of chapter","url":"\/2.2-3713\/","token":"2.2\/II\/B\/37\/2.2-3713","metadata":false},{"id":73159,"structure_id":12976,"section_number":"2.2-3714","catch_line":"Violations and penalties","url":"\/2.2-3714\/","token":"2.2\/II\/B\/37\/2.2-3714","metadata":false},{"id":71321,"structure_id":12976,"section_number":"2.2-3715","catch_line":"Effect of advisory opinions from the Freedom of Information Advisory Council on liability for willful and knowing violations","url":"\/2.2-3715\/","token":"2.2\/II\/B\/37\/2.2-3715","metadata":false}],"previous_section":{"id":54622,"structure_id":12976,"section_number":"2.2-3712","catch_line":"Closed meetings procedures; certification of proceedings","url":"\/2.2-3712\/","token":"2.2\/II\/B\/37\/2.2-3712","metadata":false},"next_section":{"id":73159,"structure_id":12976,"section_number":"2.2-3714","catch_line":"Violations and penalties","url":"\/2.2-3714\/","token":"2.2\/II\/B\/37\/2.2-3714","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3713\/","history_text":"

This law was first created in 1968. The record of its establishment is cataloged in chapter 479 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 1968 \u201cActs\u201d aren\u2019t available online. It has been modified 13 times. 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. Those modifications are as follows: in 1976, chapter 709; in 1978, chapter 826; in 1989, chapter 358; in 1990, chapter 217; in 1996, chapter 578<\/a>; in 1999, chapters 703<\/a> and 726<\/a>; in 2001, chapter 844<\/a>; in 2007, chapter 560<\/a>; in 2009, chapter 634<\/a>; in 2010, chapter 299<\/a>; in 2011, chapters 133<\/a> and 783<\/a>; in 2016, chapters 620<\/a> and 716<\/a>; in 2019, chapter 531<\/a>.<\/p>","references":[{"id":79702,"section_number":"16.1-106","catch_line":"Appeals from courts not of record in civil cases","order_by":null,"url":"\/16.1-106\/"},{"id":72168,"section_number":"16.1-77","catch_line":"Civil jurisdiction of general district courts; amending amount of claim","order_by":null,"url":"\/16.1-77\/"},{"id":85267,"section_number":"16.1-83","catch_line":"Consent of parties required for trial within five days of service","order_by":null,"url":"\/16.1-83\/"},{"id":73159,"section_number":"2.2-3714","catch_line":"Violations and penalties","order_by":null,"url":"\/2.2-3714\/"},{"id":71070,"section_number":"2.2-507","catch_line":"Legal service in civil matters","order_by":null,"url":"\/2.2-507\/"},{"id":84813,"section_number":"8.01-644","catch_line":"Application for mandamus or prohibition","order_by":null,"url":"\/8.01-644\/"}],"refers_to":[{"id":58697,"section_number":"2.2-3707","catch_line":"Meetings to be public; notice of meetings; recordings; minutes","order_by":null,"url":"\/2.2-3707\/"},{"id":84813,"section_number":"8.01-644","catch_line":"Application for mandamus or prohibition","order_by":null,"url":"\/8.01-644\/"}],"permalink":{"id":176585,"object_type":"law","relational_id":69183,"identifier":"2.2-3713","token":"2.2\/II\/B\/37\/2.2-3713","url":"\/2.2-3713\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3713\/","token":"2.2\/II\/B\/37\/2.2-3713","dublin_core":{"Title":"Proceedings for enforcement of chapter","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3713","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person, including the attorney for the Commonwealth acting in his official or individual capacity, denied the rights and privileges<\/span> conferred by this chapter may proceed to enforce such rights and privileges<\/span> by filing a petition<\/span> for mandamus or injunction<\/span>, supported by an affidavit<\/span> showing good cause. Such petition<\/span> may be brought in the name of the person notwithstanding that a request for public records<\/span> was made by the person’s attorney in his representative capacity. Venue<\/span> for the petition<\/span> shall be addressed as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In a case involving a local public body<\/span>, to the general district court<\/span> or circuit<\/span> court<\/span> of the county or city from which the public body<\/span> has been elected or appointed to serve and in which such rights and privileges<\/span> were so denied; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In a case involving a regional public body<\/span>, to the general district or circuit<\/span> court<\/span> of the county or city where the principal business office of such body is located; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> In a case involving a board, bureau, commission, authority, district, institution, or agency of the state government, including a public institution of higher education, or a standing or other committee of the General Assembly, to the general district court<\/span> or the circuit<\/span> court<\/span> of the residence of the aggrieved party<\/span> or of the City of Richmond. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any action brought before a general district court<\/span>, a corporate petitioner may appear through its officer, director or managing agent without the assistance of counsel<\/span>, notwithstanding any provision of law<\/span> or Rule of Supreme Court<\/span> of Virginia to the contrary. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding the provisions of § 8.01-644<\/a>, the petition<\/span> for mandamus or injunction<\/span> shall be heard within seven days of the date when the same is made, provided the party against whom the petition<\/span> is brought has received a copy of the petition<\/span> at least three working days prior to filing. However, if the petition<\/span> or the affidavit<\/span> supporting the petition<\/span> for mandamus or injunction<\/span> alleges violations of the open meetings<\/span> requirements of this chapter, the three-day notice to the party against whom the petition<\/span> is brought shall not be required. The hearing<\/span> on any petition<\/span> made outside of the regular terms of the circuit<\/span> court<\/span> of a locality that is included in a judicial circuit<\/span> with another locality or localities shall be given precedence on the docket<\/span> of such court<\/span> over all cases that are not otherwise given precedence by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The petition<\/span> shall allege with reasonable specificity the circumstances of the denial of the rights and privileges<\/span> conferred by this chapter. A single instance of denial of the rights and privileges<\/span> conferred by this chapter shall be sufficient to invoke the remedies granted herein. If the court<\/span> finds the denial to be in violation of the provisions of this chapter, the petitioner shall be entitled to recover reasonable costs, including costs and reasonable fees for expert witnesses, and attorney fees from the public body if the petitioner substantially prevails on the merits of the case, unless special circumstances would make an award unjust. In making this determination, a court<\/span> may consider, among other things, the reliance of a public body on an opinion<\/span> of the Attorney General<\/span> or a decision of a court<\/span> that substantially supports the public body’s position. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In any action to enforce the provisions of this chapter, the public body shall bear the burden of proof<\/span> to establish an exclusion by a preponderance of the evidence<\/span>. No court<\/span> shall be required to accord any weight to the determination of a public body as to whether an exclusion applies. Any failure by a public body to follow the procedures established by this chapter shall be presumed to be a violation of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Failure by any person to request and receive notice of the time and place of meetings as provided in § 2.2-3707<\/a> shall not preclude any person from enforcing his rights and privileges<\/span> conferred by this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEEDINGS FOR ENFORCEMENT OF CHAPTER (\u00a7 2.2-3713)\n\nA. Any person, including the attorney for the Commonwealth acting in his\nofficial or individual capacity, denied the rights and privileges conferred by\nthis chapter may proceed to enforce such rights and privileges by filing a\npetition for mandamus or injunction, supported by an affidavit showing good\ncause. Such petition may be brought in the name of the person notwithstanding\nthat a request for public records was made by the person’s attorney in his\nrepresentative capacity. Venue for the petition shall be addressed as follows:\n\n 1. In a case involving a local public body, to the general district court or\n circuit court of the county or city from which the public body has been\n elected or appointed to serve and in which such rights and privileges were so\n denied;\n\n 2. In a case involving a regional public body, to the general district or\n circuit court of the county or city where the principal business office of\n such body is located; and\n\n 3. In a case involving a board, bureau, commission, authority, district,\n institution, or agency of the state government, including a public institution\n of higher education, or a standing or other committee of the General Assembly,\n to the general district court or the circuit court of the residence of the\n aggrieved party or of the City of Richmond.\n\nB. In any action brought before a general district court, a corporate petitioner\nmay appear through its officer, director or managing agent without the\nassistance of counsel, notwithstanding any provision of law or Rule of Supreme\nCourt of Virginia to the contrary.\n\nC. Notwithstanding the provisions of § 8.01-644, the petition for mandamus\nor injunction shall be heard within seven days of the date when the same is\nmade, provided the party against whom the petition is brought has received a\ncopy of the petition at least three working days prior to filing. However, if\nthe petition or the affidavit supporting the petition for mandamus or injunction\nalleges violations of the open meetings requirements of this chapter, the\nthree-day notice to the party against whom the petition is brought shall not be\nrequired. The hearing on any petition made outside of the regular terms of the\ncircuit court of a locality that is included in a judicial circuit with another\nlocality or localities shall be given precedence on the docket of such court\nover all cases that are not otherwise given precedence by law.\n\nD. The petition shall allege with reasonable specificity the circumstances of\nthe denial of the rights and privileges conferred by this chapter. A single\ninstance of denial of the rights and privileges conferred by this chapter shall\nbe sufficient to invoke the remedies granted herein. If the court finds the\ndenial to be in violation of the provisions of this chapter, the petitioner\nshall be entitled to recover reasonable costs, including costs and reasonable\nfees for expert witnesses, and attorney fees from the public body if the\npetitioner substantially prevails on the merits of the case, unless special\ncircumstances would make an award unjust. In making this determination, a court\nmay consider, among other things, the reliance of a public body on an opinion of\nthe Attorney General or a decision of a court that substantially supports the\npublic body’s position.\n\nE. In any action to enforce the provisions of this chapter, the public body\nshall bear the burden of proof to establish an exclusion by a preponderance of\nthe evidence. No court shall be required to accord any weight to the\ndetermination of a public body as to whether an exclusion applies. Any failure\nby a public body to follow the procedures established by this chapter shall be\npresumed to be a violation of this chapter.\n\nF. Failure by any person to request and receive notice of the time and place of\nmeetings as provided in § 2.2-3707 shall not preclude any person from\nenforcing his rights and privileges conferred by this chapter.\n\nHISTORY: 1968, c. 479, \u00a7 2.1-346; 1976, c. 709; 1978, c. 826; 1989, c. 358;\n1990, c. 217; 1996, c. 578; 1999, cc. 703, 726; 2001, c. 844; 2007, c. 560;\n2009, c. 634; 2010, c. 299; 2011, cc. 133, 783; 2016, cc. 620, 716; 2019, c.\n531.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}