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.
D. In any legal proceeding in which a party is proceeding anonymously, the court shall enter appropriate orders to afford all parties the rights, procedures and discovery to which they are otherwise entitled.
2003, c. 572.
Structure Code of Virginia
Title 8.01 - Civil Remedies and Procedure
§ 8.01-5. Effect of nonjoinder or misjoinder; limitation on joinder of insurance company
§ 8.01-6. Amending pleading; relation back to original pleading
§ 8.01-6.1. Amendment of pleading changing or adding a claim or defense; relation back
§ 8.01-6.2. Amendment of pleading; relation back to original pleading; confusion in trade name
§ 8.01-6.3. Actions or suits against fiduciaries; style of the case; amendment of pleading
§ 8.01-7. When court may add new parties to suit
§ 8.01-10. Joinder of tenants in common
§ 8.01-11. Proceedings on writing binding deceased person
§ 8.01-12. Suit by beneficial owner when legal title in another
§ 8.01-13. Assignee or beneficial owner may sue in own name; certain discounts allowed
§ 8.01-14. Suit against assignor
§ 8.01-15. Suits by and against unincorporated associations or orders
§ 8.01-15.1. Anonymous plaintiff; motion for identification; factors to be considered by court
§ 8.01-15.2. Servicemembers Civil Relief Act; default judgment; appointment of counsel
§ 8.01-16. New parties may have continuance
§ 8.01-17. When party whose powers cease is defendant
§ 8.01-18. When suit discontinued unless revived
§ 8.01-19. Effect of marriage or change of name of party
§ 8.01-20. Effect of marriage, change of name or death on appeal
§ 8.01-20.1. Certification of expert witness opinion at time of service of process
§ 8.01-21. Judgment when death or disability occurs after verdict but before judgment
§ 8.01-22. When death or disability occurs as to any of several plaintiffs or defendants
§ 8.01-23. Decree in suit when number of parties exceeds 30 and one of them dies
§ 8.01-24. Writ of scire facias abolished; substitutes therefor