Hampton Circuit Court, Virginia Sealing & Redaction Procedures

CRITICAL

The accused’s attorney must return all disclosed RDM originals and copies to the court within 21 days of the final order or upon termination of the representation.

Within 21 days of the entry of a final order by this Court, or upon the termination of the representation of the accused, the accused’s attorney will return to the court all originals and copies of any RDM disclosed pursuant to this Rule.

CRITICAL

RDM may be disclosed only to specified persons; counsel may communicate its contents to the accused or allow the accused to view it but may not provide copies or permit reproduction or dissemination.

RDM may only be disclosed to the attorney for the accused, employees or agents of that attorney, or an expert witness. The accused’s attorney may orally communicate the content of the RDM to the accused or allow the accused to view the content of the RDM but will not provide the accused with copies of or permit the accused to reproduce, copy, or disseminate the RDM in any manner.

CRITICAL

Without the accused’s attorney’s agreement, the Commonwealth may designate material as RDM by marking it and must provide a written certification, upon information and belief, establishing one of the listed grounds.

In the absence of an agreement by the attorney for the accused, the Commonwealth may designate any evidence or material as RDM by stamping or otherwise marking it as such. The Commonwealth will provide a certification in writing, upon information and belief, that (1) the designated material relates to the statement of a child victim or witness; (2) disclosure of the designated material may result in danger to the safety or security of a witness or victim, danger of a victim or witness being intimidated or tampered with, a risk of compromising an ongoing criminal investigation, or confidential law enforcement technique; (3) autopsy photographs, unless intended to be used as evidence; or (4) photos from SANE reports that show a victim’s intimate parts as defined in Va. Code § 18.2-67.10, unless intended to be used as evidence.

CRITICAL

Clerk worksheets and notes of judges or court staff retained for administrative purposes must be kept under seal and excluded from the record.

A. In all cases, any clerk worksheets and any notes of judges or court staff that are to be retained with the file for administrative purposes, shall be retained in the file under seal and not made a part of the record.

CRITICAL

The court must maintain returned RDM under seal.

The court will maintain such returned RDM under seal.

WARNING

Either party may move for a protective order for good cause, and the court may impose conditions to protect discovery material, including restrictions on disclosure and authorization to withhold specified witness or other information.

Upon motion of either party and for good cause, the court may enter a protective order with regard to the discovery or inspection required by this Order. The court in its discretion may order any condition that it deems necessary to the orderly adjudication of the case or to the fair administration of justice. These conditions may include, but are not limited to: (i) a requirement that the parties not disclose the contents of any material or evidence disclosed or discovered pursuant to this Order in any public forum, including any website; (ii) a requirement that the parties not disclose the contents of any material or evidence disclosed or discovered pursuant to this Order to any third-party who is not an agent or employee of the parties or an expert witness; (iii) authorization to either party to withhold the residential address, telephone number, email address or place of employment of any witness not covered by the terms of Section J of this Order; or (iv) authorization for either party in appropriate circumstances to withhold from disclosure or place additional restrictions on dissemination of information otherwise discoverable but not exculpatory.

WARNING

A defense attorney may redact a witness’s personal identifying information if a court-entered protective order authorizes it.

The defense attorney may redact the personal identifying information of any witness if so authorized by a protective order entered by the court pursuant to this Order.

WARNING

The Commonwealth may designate evidence or disclosed materials as RDM by prominently stamping or otherwise marking them.

The Commonwealth may designate evidence or disclosed materials as RDM by prominently stamping or otherwise marking items as such.

WARNING

The Commonwealth may redact specified contact and employment information for qualifying witnesses, victims, and their family members.

The Commonwealth may redact the residential address, telephone number, email address and place of employment of any witness or victim, or any member of a witness's or victim's family, who satisfies the conditions outlined in § 19.2-11.2 of the Code of Virginia.

WARNING

The accused may move at any time to remove an RDM designation, and the court may remove it upon finding good cause.

If the Commonwealth designates evidence or material as RDM pursuant to Section J of this Order, the accused may at any time file a motion seeking to remove that designation from such evidence or material. Should the court find good cause to remove the designation, it may order that the evidence or material no longer be designated RDM.

WARNING

The Commonwealth may redact any person's date of birth and social security number from material or evidence disclosed under the Order.

The Commonwealth may redact the date of birth and social security number of any person whose information is contained in material or evidence provided pursuant to this Order.

WARNING

Material sealed under this subpart must remain available for inspection by counsel of record.

Any material sealed pursuant to this subpart will remain available for inspection by counsel of record.

WARNING

With the accused’s attorney’s agreement, the Commonwealth may designate disclosed evidence or material as RDM without a supporting certification.

The Commonwealth may designate any evidence or material subject to disclosure pursuant to this Order as RDM, without supporting certification, if the accused’s attorney agrees to the designation.

WARNING

The accused may move for disclosure of redacted personal information, and the court may order disclosure upon finding good cause.

If the Commonwealth redacts personal identifying information pursuant to this subpart of the Order, the accused may file a motion seeking disclosure, it may order the Commonwealth to provide the redacted information. Should the court find good cause for disclosure, it may order the Commonwealth to provide the redacted information.

WARNING

For good cause, the court may permit additional access to sealed material as it deems appropriate.

For good cause shown, the court may enter an order allowing additional access to the sealed material as the court in its discretion deems appropriate.