                                 CODE OF VIRGINIA

PROCEEDINGS FOR ENFORCEMENT OF CHAPTER (§ 2.2-3713)

A. 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&#8217;s attorney in his
representative capacity. Venue for the petition shall be addressed as follows:

   1. 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;

   2. 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

   3. 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.

B. 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.

C. Notwithstanding the provisions of &#xA7; 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. 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&#8217;s position.

E. 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.

F. Failure by any person to request and receive notice of the time and place of
meetings as provided in &#xA7; 2.2-3707 shall not preclude any person from
enforcing his rights and privileges conferred by this chapter.

HISTORY: 1968, c. 479, § 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.