                                 CODE OF VIRGINIA

ANONYMOUS PLAINTIFF; MOTION FOR IDENTIFICATION; FACTORS TO BE CONSIDERED BY
COURT (§ 8.01-15.1)

A. In any legal proceeding commenced anonymously, any party may move for an
order concerning the propriety of anonymous participation in the proceeding. The
trial court may allow maintenance of the proceeding under a pseudonym if the
anonymous litigant discharges the burden of showing special circumstances such
that the need for anonymity outweighs the public&#8217;s interest in knowing the
party&#8217;s identity and outweighs any prejudice to any other party. The court
may consider whether the requested anonymity is intended merely to avoid the
annoyance and criticism that may attend any litigation or is to preserve privacy
in a sensitive and highly personal matter; whether identification poses a risk
of retaliatory physical or mental harm to the requesting party or to innocent
nonparties; the ages of the persons whose privacy interests are sought to be
protected; whether the action is against a governmental or private party; and
the risk of unfairness to other parties if anonymity is maintained.

B. If the court initially permits a party to proceed anonymously, the issue of
the propriety of continued anonymous participation in the proceedings may be
raised at any stage of the litigation when circumstances warrant a
reconsideration of the issue. In all cases, all parties have the right to know
the true identities of all other parties under such provisions of
confidentiality as the court may deem appropriate.

C. If the court orders that the anonymous litigant be identified, the pleadings
and any relevant dockets shall be reformed to reflect the party&#8217;s true
name, and the identification shall be deemed to relate back to the date of
filing of the proceeding by the anonymous party.

D. In any legal proceeding in which a party is proceeding anonymously, the court
shall enter appropriate orders to afford all parties the rights, procedures and
discovery to which they are otherwise entitled.

HISTORY: 2003, c. 572.