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2003 SESSION

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034854500
SENATE BILL NO. 985 Offered January 8, 2003 Prefiled January 7, 2003 A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 2 of Title 8.01 a section numbered 8.01-15.1, relating to anonymous plaintiff. ---------- Patrons-- Mims; Delegates: Albo and Marrs ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

That the Code of Virginia is amended by adding in Article 2 of Chapter 2 of Title 8.01 a section numbered 8.01-15.1 as follows:

§ 8.01-15.1. Anonymous plaintiff; motion for identification; factors to be considered by court.

A. In any legal proceeding commenced anonymously, any party may move for an order concerning the propriety of anonymous participation in the proceeding. The trial court may allow maintenance of the proceeding under a pseudonym if the anonymous litigant discharges the burden of showing special circumstances such that the need for anonymity outweighs the public’s interest in knowing the party’s identity and outweighs any prejudice to any other party. The court may consider whether the requested anonymity is intended merely to avoid the annoyance and criticism that may attend any litigation or is to preserve privacy in a sensitive and highly personal matter; whether identification poses a risk of retaliatory physical or mental harm to the requesting party or to innocent nonparties; the ages of the persons whose privacy interests are sought to be protected; whether the action is against a governmental or private party; and the risk of unfairness to other parties if anonymity is maintained.

B. If the court initially permits a party to proceed anonymously, the issue of the propriety of continued anonymous participation in the proceedings may be raised at any stage of the litigation when circumstances warrant a reconsideration of the issue. In all cases, all parties have the right to know the true identities of all other parties under such provisions of confidentiality as the court may deem appropriate.

C. If the court orders that the anonymous litigant be identified, the pleadings and any relevant dockets shall be reformed to reflect the party’s true name, and the identification shall be deemed to relate back to the date of filing of the proceeding by the anonymous party.