                                 CODE OF VIRGINIA

PETITION AND COURT ORDER FOR RETURN OF PUBLIC RECORDS NOT IN AUTHORIZED
POSSESSION (§ 42.1-89)

The Librarian of Virginia or his designated representative such as the State
Archivist or any public official who is the custodian of public records in the
possession of a person or agency not authorized by the custodian or by law to
possess such public records shall petition the circuit court in the city or
county in which the person holding such records resides or in which the
materials in issue, or any part thereof, are located for the return of such
records. The court shall order such public records be delivered to the
petitioner upon finding that the materials in issue are public records and that
such public records are in the possession of a person not authorized by the
custodian of the public records or by law to possess such public records. If the
order of delivery does not receive compliance, the plaintiff shall request that
the court enforce such order through its contempt power and procedures.

HISTORY: 1975, c. 180; 1976, c. 746; 1998, c. 427.