Virginia § 42.1-90 - Seizure of public records not in authorized possession
Full text of Virginia Code of Virginia § 42.1-90 — Seizure of public records not in authorized possession, with citation guidance and answers to common questions.
§ 42.1-90. Seizure of public records not in authorized possession
A. At any time after the filing of the petition set out in § 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'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.
1975, c. 180; 1976, c. 746.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 42.1-90
What does Code of Virginia § 42.1-90 cover?
Section 42.1-90 ("Seizure of public records not in authorized possession") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 42.1-90?
A common citation format is "Code of Virginia § 42.1-90" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 42.1-90 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.