42.1-90 - Seizure of public records not in authorized possession.
§ 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 orcontemporaneous with such filing, the person seeking the return of the publicrecords may by ex parte petition request the judge or the court in which theaction was filed to issue an order directed at the sheriff or other properofficer, as the case may be, commanding him to seize the materials which arethe subject of the action and deliver the same to the court under thecircumstances hereinafter set forth.
B. The judge aforesaid shall issue an order of seizure upon receipt of anaffidavit from the petitioner which alleges that the material at issue may besold, secreted, removed out of this Commonwealth or otherwise disposed of soas not to be forthcoming to answer the final judgment of the court respectingthe same; or that such property may be destroyed or materially damaged orinjured if permitted to remain out of the petitioner's possession.
C. The aforementioned order of seizure shall issue without notice to therespondent and without the posting of any bond or other security by thepetitioner.
(1975, c. 180; 1976, c. 746.)