§ 2.2-3713. Proceedings for enforcement of chapter.
A. Any person, including the attorney for the Commonwealth acting in hisofficial or individual capacity, denied the rights and privileges conferredby this chapter may proceed to enforce such rights and privileges by filing apetition for mandamus or injunction, supported by an affidavit showing goodcause. Such petition may be brought in the name of the person notwithstandingthat a request for public records was made by the person's attorney in hisrepresentative capacity. Venue for the petition shall be addressed as follows:
1. In a case involving a local public body, to the general district court orcircuit court of the county or city from which the public body has beenelected or appointed to serve and in which such rights and privileges were sodenied;
2. In a case involving a regional public body, to the general district orcircuit court of the county or city where the principal business office ofsuch body is located; and
3. In a case involving a board, bureau, commission, authority, district,institution, or agency of the state government, including a publicinstitution of higher education, or a standing or other committee of theGeneral Assembly, to the general district court or the circuit court of theresidence of the aggrieved party or of the City of Richmond.
B. In any action brought before a general district court, a corporatepetitioner may appear through its officer, director or managing agent withoutthe assistance of counsel, notwithstanding any provision of law or Rule ofthe Supreme Court of Virginia to the contrary.
C. Notwithstanding the provisions of § 8.01-644, the petition for mandamus orinjunction shall be heard within seven days of the date when the same ismade. However, any petition made outside of the regular terms of the circuitcourt of a county that is included in a judicial circuit with another countyor counties, the hearing on the petition shall be given precedence on thedocket of such court over all cases that are not otherwise given precedenceby law.
D. The petition shall allege with reasonable specificity the circumstances ofthe denial of the rights and privileges conferred by this chapter. A singleinstance of denial of the rights and privileges conferred by this chaptershall be sufficient to invoke the remedies granted herein. If the court findsthe denial to be in violation of the provisions of this chapter, thepetitioner shall be entitled to recover reasonable costs, including costs andreasonable fees for expert witnesses, and attorneys' fees from the publicbody if the petitioner substantially prevails on the merits of the case,unless special circumstances would make an award unjust. In making thisdetermination, a court may consider, among other things, the reliance of apublic body on an opinion of the Attorney General or a decision of a courtthat substantially supports the public body's position.
E. In any action to enforce the provisions of this chapter, the public bodyshall bear the burden of proof to establish an exemption by a preponderanceof the evidence. Any failure by a public body to follow the proceduresestablished by this chapter shall be presumed to be a violation of thischapter.
F. Failure by any person to request and receive notice of the time and placeof meetings as provided in § 2.2-3707 shall not preclude any person fromenforcing his rights and privileges conferred by this chapter.
(1968, c. 479, § 2.1-346; 1976, c. 709; 1978, c. 826; 1989, c. 358; 1990, c.217; 1996, c. 578; 1999, cc. 703, 726; 2001, c. 844; 2007, c. 560; 2009, c.634; 2010, c. 299.)
§ 2.2-3713. Proceedings for enforcement of chapter.
A. Any person, including the attorney for the Commonwealth acting in hisofficial or individual capacity, denied the rights and privileges conferredby this chapter may proceed to enforce such rights and privileges by filing apetition for mandamus or injunction, supported by an affidavit showing goodcause. Such petition may be brought in the name of the person notwithstandingthat a request for public records was made by the person's attorney in hisrepresentative capacity. Venue for the petition shall be addressed as follows:
1. In a case involving a local public body, to the general district court orcircuit court of the county or city from which the public body has beenelected or appointed to serve and in which such rights and privileges were sodenied;
2. In a case involving a regional public body, to the general district orcircuit court of the county or city where the principal business office ofsuch body is located; and
3. In a case involving a board, bureau, commission, authority, district,institution, or agency of the state government, including a publicinstitution of higher education, or a standing or other committee of theGeneral Assembly, to the general district court or the circuit court of theresidence of the aggrieved party or of the City of Richmond.
B. In any action brought before a general district court, a corporatepetitioner may appear through its officer, director or managing agent withoutthe assistance of counsel, notwithstanding any provision of law or Rule ofthe Supreme Court of Virginia to the contrary.
C. Notwithstanding the provisions of § 8.01-644, the petition for mandamus orinjunction shall be heard within seven days of the date when the same ismade. However, any petition made outside of the regular terms of the circuitcourt of a county that is included in a judicial circuit with another countyor counties, the hearing on the petition shall be given precedence on thedocket of such court over all cases that are not otherwise given precedenceby law.
D. The petition shall allege with reasonable specificity the circumstances ofthe denial of the rights and privileges conferred by this chapter. A singleinstance of denial of the rights and privileges conferred by this chaptershall be sufficient to invoke the remedies granted herein. If the court findsthe denial to be in violation of the provisions of this chapter, thepetitioner shall be entitled to recover reasonable costs, including costs andreasonable fees for expert witnesses, and attorneys' fees from the publicbody if the petitioner substantially prevails on the merits of the case,unless special circumstances would make an award unjust. In making thisdetermination, a court may consider, among other things, the reliance of apublic body on an opinion of the Attorney General or a decision of a courtthat substantially supports the public body's position.
E. In any action to enforce the provisions of this chapter, the public bodyshall bear the burden of proof to establish an exemption by a preponderanceof the evidence. Any failure by a public body to follow the proceduresestablished by this chapter shall be presumed to be a violation of thischapter.
F. Failure by any person to request and receive notice of the time and placeof meetings as provided in § 2.2-3707 shall not preclude any person fromenforcing his rights and privileges conferred by this chapter.
(1968, c. 479, § 2.1-346; 1976, c. 709; 1978, c. 826; 1989, c. 358; 1990, c.217; 1996, c. 578; 1999, cc. 703, 726; 2001, c. 844; 2007, c. 560; 2009, c.634; 2010, c. 299.)
§ 2.2-3713. Proceedings for enforcement of chapter.
A. Any person, including the attorney for the Commonwealth acting in hisofficial or individual capacity, denied the rights and privileges conferredby this chapter may proceed to enforce such rights and privileges by filing apetition for mandamus or injunction, supported by an affidavit showing goodcause. Such petition may be brought in the name of the person notwithstandingthat a request for public records was made by the person's attorney in hisrepresentative capacity. Venue for the petition shall be addressed as follows:
1. In a case involving a local public body, to the general district court orcircuit court of the county or city from which the public body has beenelected or appointed to serve and in which such rights and privileges were sodenied;
2. In a case involving a regional public body, to the general district orcircuit court of the county or city where the principal business office ofsuch body is located; and
3. In a case involving a board, bureau, commission, authority, district,institution, or agency of the state government, including a publicinstitution of higher education, or a standing or other committee of theGeneral Assembly, to the general district court or the circuit court of theresidence of the aggrieved party or of the City of Richmond.
B. In any action brought before a general district court, a corporatepetitioner may appear through its officer, director or managing agent withoutthe assistance of counsel, notwithstanding any provision of law or Rule ofthe Supreme Court of Virginia to the contrary.
C. Notwithstanding the provisions of § 8.01-644, the petition for mandamus orinjunction shall be heard within seven days of the date when the same ismade. However, any petition made outside of the regular terms of the circuitcourt of a county that is included in a judicial circuit with another countyor counties, the hearing on the petition shall be given precedence on thedocket of such court over all cases that are not otherwise given precedenceby law.
D. The petition shall allege with reasonable specificity the circumstances ofthe denial of the rights and privileges conferred by this chapter. A singleinstance of denial of the rights and privileges conferred by this chaptershall be sufficient to invoke the remedies granted herein. If the court findsthe denial to be in violation of the provisions of this chapter, thepetitioner shall be entitled to recover reasonable costs, including costs andreasonable fees for expert witnesses, and attorneys' fees from the publicbody if the petitioner substantially prevails on the merits of the case,unless special circumstances would make an award unjust. In making thisdetermination, a court may consider, among other things, the reliance of apublic body on an opinion of the Attorney General or a decision of a courtthat substantially supports the public body's position.
E. In any action to enforce the provisions of this chapter, the public bodyshall bear the burden of proof to establish an exemption by a preponderanceof the evidence. Any failure by a public body to follow the proceduresestablished by this chapter shall be presumed to be a violation of thischapter.
F. Failure by any person to request and receive notice of the time and placeof meetings as provided in § 2.2-3707 shall not preclude any person fromenforcing his rights and privileges conferred by this chapter.
(1968, c. 479, § 2.1-346; 1976, c. 709; 1978, c. 826; 1989, c. 358; 1990, c.217; 1996, c. 578; 1999, cc. 703, 726; 2001, c. 844; 2007, c. 560; 2009, c.634; 2010, c. 299.)
