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Court Rules

Fairfax County Circuit Court Sealing & Redaction Procedures

4 rules from official source documents

Procedures for filing sealed or redacted documents, including required motions and formats.

CRITICAL

Attorneys must properly request sealing where appropriate and designate documents as sealed; the Clerk’s Office also has obligations when a case is sealed by law or court order.

While attorneys have the obligation to properly ask for seal (where appropriate) and must designate the documents as “Sealed”, once filed, the Clerk’s Office has our own obligation to the litigants if their case is sealed by the Code of Virginia or by Court Order.

CRITICAL

A court order or a case type granted confidential status by Virginia law authorizes the filer to designate uploaded documents as sealed using the “sealed, electronic” option.

Yes, if you have a Court Order, or if the case is a case-type that earns confidential status by the Code of Virginia, you have legal authority to designate each document you upload as "sealed." You should select the “sealed, electronic” option under the Access section for each document you add to your filing.

CRITICAL

Before an order is entered, the beneficiary or representative must file an identity affidavit, which the court maintains under seal and uses only for financial management and reporting.

Prior to an entry of an Order, the beneficiary or representative shall file an Affidavit of Identity of a Trust Fund Beneficiary with the court. Such Affidavit is to be maintained under seal by the court, and the information shall be used solely for the purposes of financial management and reporting.

WARNING

An e-filer may mark documents as sealed, and the Clerk’s Office assesses that designation during review.

Yes. As the eFiler, you have the ability to mark your eFiled documents as “sealed”. The Clerk’s Office will have the ability to assess the sealed designation during its Clerk Review.

Common questions about Fairfax County Circuit Court sealing & redaction procedures

How does Fairfax County Circuit Court handle sealed or redacted filings?

A motion to seal is required for covered sealed filings in Fairfax County Circuit Court. Attorneys must properly request sealing where appropriate and designate documents as sealed; the Clerk’s Office also has obligations when a case is sealed by law or court order.

View ruleOfficial source Source: page 1, section Electronic Filing of Civil and Criminal Records

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