Petersburg Circuit Court, Virginia Sealing & Redaction Procedures

CRITICAL

The Commonwealth may designate disclosed material as Restricted Dissemination Material by prominently marking it; an accused's attorney may agree to designation without certification, but absent agreement the Commonwealth's attorney must provide a written certification stating one of the specified grounds.

(2) The Commonwealth may designate evidence or material disclosed pursuant to this Order as “Restricted Dissemination Material” by prominently stamping or otherwise marking such items as “Restricted Dissemination Material.” (A) The Commonwealth may designate any evidence or material subject to disclosure pursuant to this Order as “Restricted Dissemination Material,” without supporting certification, if the accused's attorney agrees to the designation. (B) In the absence of an agreement by the attorney for the accused, the attorney for the Commonwealth may designate any evidence or material as “Restricted Dissemination Material” by stamping or otherwise marking it as such and providing a certification in writing, upon information and belief, that: (i) the designated material relates to the statement of a child victim or witness; or (ii) disclosure of the designated material may result in danger to the safety or security of a witness or victim, danger of a witness being intimidated or tampered with, or a risk of compromising an ongoing criminal investigation or confidential law enforcement technique.

CRITICAL

The parties must not disclose the contents of material or evidence disclosed or discovered under this Order in a public forum, including a website.

(A) the parties shall not disclose the contents of any material or evidence disclosed or discovered pursuant to this Order in any public forum, including any website;

CRITICAL

Unless the Court orders otherwise, Restricted Dissemination Material may be disclosed only to specified recipients; the accused's attorney may orally communicate or show it to the accused but may not provide copies, and the material may not otherwise be reproduced, copied, or disseminated.

(C) Except as otherwise provided by order of the Court, “Restricted Dissemination Material” may only be disclosed to the accused's attorney, the agents or employees of the accused's attorney, or to an expert witness. The accused's attorney may orally communicate the content of “Restricted Dissemination Material” to the accused or allow the accused to view the content of such material but shall not provide the accused with copies of material so designated. “Restricted Dissemination Material” may not otherwise be reproduced, copied or disseminated in any way.

CRITICAL

The accused's attorney must return all Restricted Dissemination Material to the court within 21 days after a final order or upon termination of the representation.

(E) Within 21 days of the entry of a final order by the Court, or upon the termination of the representation of the accused, the accused's attorney shall return to the court all originals and copies of any "Restricted Dissemination Material" disclosed pursuant to this Order.

CRITICAL

Material or evidence disclosed or discovered under the Order must remain under seal if filed with the clerk until admitted at trial or a hearing, or until the Court orders it unsealed.

(2) Any material or evidence disclosed or discovered pursuant to this Order and filed with the clerk of court shall be placed under seal until it is either admitted as an exhibit at a trial or hearing or when the Court enters an order unsealing the specified material or evidence.

CRITICAL

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

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

CRITICAL

The parties must not disclose the contents of material or evidence disclosed or discovered under this Order to a third party who is not a party's agent or employee or an expert witness.

(B) the parties shall 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;

CRITICAL

The court must maintain returned Restricted Dissemination Material under seal.

The court shall maintain such returned "Restricted Dissemination Material" under seal.

WARNING

The accused may move at any time to remove a designation made under subpart (c)(2)(B), and the Court may remove it upon a finding of good cause.

(D) If the Commonwealth designates evidence or material as “Restricted Dissemination Material” pursuant to subpart (c)(2)(B) of this Rule, 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 as “Restricted Dissemination Material.”

WARNING

The Commonwealth may redact specified contact and employment information for qualifying witnesses, victims, and their family members, as well as any person's date of birth and Social Security Number.

(A) 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. 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; and

WARNING

The accused may move for disclosure of redacted personal identifying information; for good cause, the Court may order disclosure and may designate the information as Restricted Dissemination Material.

(B) If the Commonwealth redacts personal identifying information pursuant to this subpart of the Order, the accused may file a motion seeking disclosure of the redacted information. Should the Court find good cause for disclosure, it may order the Commonwealth to provide the redacted information. In its discretion, the Court ordering the provision of redacted personal identifying information may order that the information be identified as “Restricted Dissemination Material” pursuant to subpart (c)(2) of this Order.

INFO

(D) a party may file a written motion for authorization to withhold from disclosure or place additional restrictions on dissemination of information otherwise discoverable but not

(D) a party may file a written motion for authorization to withhold from disclosure or place additional restrictions on dissemination of information otherwise discoverable but not

INFO

(C) a party may file a written motion for authorization to withhold the residential address, telephone number, email address or place of employment of any witness not covered by the terms of subpart (c)(1) of this Order; and

(C) a party may file a written motion for authorization to withhold the residential address, telephone number, email address or place of employment of any witness not covered by the terms of subpart (c)(1) of this Order; and

INFO

For good cause, the Court may allow 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.