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Virginia Code

Va. Code Ann. § 42.1-89 (2026)

Petition and court order for return of public records not in authorized possession

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The Librarian of Virginia or his designated representative such as the State Archivist or any public official who is the custodian of public records in the possession of a person or agency not authorized by the custodian or by law to possess such public records shall petition the circuit court in the city or county in which the person holding such records resides or in which the materials in issue, or any part thereof, are located for the return of such records. The court shall order such public records be delivered to the petitioner upon finding that the materials in issue are public records and that such public records are in the possession of a person not authorized by the custodian of the public records or by law to possess such public records. If the order of delivery does not receive compliance, the plaintiff shall request that the court enforce such order through its contempt power and procedures.

1975, c. 180; 1976, c. 746; 1998, c. 427.

Notes of Decisions
Cited in 2 cases, 1977–1992 · leading case: Middlesex Cnty. v. Hamilton, 28 Va. Cir. 283 (Williamsburg and James Cir. Ct. 1992).
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Middlesex Cnty. v. Hamilton, 28 Va. Cir. 283 (Williamsburg and James Cir. Ct. 1992). · cites it 5× “Va. Code Ann. § 42.1-89 (Michie 1990). The court must determine who the real parties in interest are based on the facts of the case and not merely the name in which the action is brought.”
Holton v. Yudkin, 23 Va. Cir. 510 (Va. Cir. Ct. 1977). · cites it 2× “The petitioner, a public official authorized to act by Code § 42.1-89, has petitioned the Court to order the defendant to return to the custody of the petitioner a certain book which is alleged to be a public record of the City of Alexandria.”
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