Rule 11:5 - Procedure for Public Access to Records of the Office of the Executive Secretary(a) All requests for publicly accessible records maintained by the Office of the Executive Secretary of the Supreme Court of Virginia must be in writing and must describe with reasonable specificity the record(s) requested. All requests must be addressed to: Office of the Executive Secretary, Attn. Director of Legislative and Public Relations, 100 N. 9th Street, Richmond, VA 23219. The Office of the Executive Secretary may require the requester to provide his or her name and legal address. The Office of the Executive Secretary will respond, pursuant to this Rule, within five working days of receiving a written request.(b) The Office of the Executive Secretary will notify the requester if the requested records cannot be found or do not exist. If the Office of the Executive Secretary does not have custody or control of the record(s) requested, the requester will be notified and furnished the name and contact information of the person or entity having custody of the records, if known. The Office of the Executive Secretary is not required to compile information or create a record if one does not exist.(c) The Office of the Executive Secretary may assess reasonable charges not to exceed its actual costs incurred in accessing, duplicating, supplying, reviewing or searching for the requested records. All charges for the supplying of requested records will be estimated in advance upon the request of the requester. Any charges will be assessed at the hourly rate of the person(s) engaged in any work necessary to respond to a request for records, even if no records are found. If the Office of the Executive Secretary determines in advance that charges for producing the requested records are likely to exceed $200, it may, before continuing to process the request, require the requester to pay a deposit not to exceed the amount of the advance determination. Such deposit will be credited toward the final cost of supplying the requested records. If the final charge exceeds the amount of the deposit, the difference will be charged to the requester, and if the final charge is less than the amount of the deposit, the difference will be refunded to the requester.(d) A response denying, in whole or in part, production of the requested records, will be in writing and will include a statement of the specific reason for withholding of the records.(e) If it is not practically possible to provide the requested records or to determine whether they are available within the five-working-day period, the response will specify the conditions that make a response impossible. The Office of the Executive Secretary will have an additional seven working days in which to provide a response. Adopted April 18, 2019, effective 6/17/2019; amended by order dated September 3, 2020, effective 9/3/2020; amended by order dated November 23, 2020, effective 3/1/2021; amended by order dated November 9, 2021, effective 11/9/2021.