                                 CODE OF VIRGINIA

SEIZURE OF PUBLIC RECORDS NOT IN AUTHORIZED POSSESSION (§ 42.1-90)

A. At any time after the filing of the petition set out in &#xA7; 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.

B. 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&#8217;s possession.

C. 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.

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