A. A protective order issued to prevent disclosure of materials or information related to a personal injury action or action for wrongful death produced in discovery in any cause shall not prohibit an attorney from voluntarily sharing such materials or information with an attorney involved in a similar or related matter, with the permission of the court, after notice and an opportunity to be heard to any party or person protected by the protective order, and provided the attorney who receives the material or information agrees, in writing, to be bound by the terms of the protective order.
§ 8.01-420.01.Limiting further disclosure of discoverable materials and information; protective order.
Chapter 14. Evidence · Article 9. Miscellaneous Provisions · Last amended 1989 · Last verified July 16, 2026
In one sentenceSection 8.01-420.01 lets an attorney share materials covered by a protective order in a personal injury or wrongful death case with an attorney handling a similar or related matter, but only with court permission granted after notice and a hearing, and only if the receiving attorney agrees in writing to be bound by the same order.
Full Text of § 8.01-420.01
B. The provisions of this section shall apply only to protective orders issued on or after July 1, 1989.
Plain-English Summary
Protective orders in personal injury and wrongful death cases often shield sensitive discovery material from broader circulation. This section carves a narrow exception into that shield: an attorney bound by such an order can voluntarily share the protected materials or information with another attorney working a similar or related case, so that useful discovery does not have to be recreated from scratch in every new matter.
That sharing is not automatic. The court that issued the protective order has to grant permission first, after giving notice and an opportunity to be heard to any party or person the order protects. And the attorney on the receiving end has to agree, in writing, to follow the same terms that governed the original order — the material does not escape the protective order’s reach just because it moves to a new case.
The section only reaches forward. It applies to protective orders issued on or after July 1, 1989, not to orders that predate that date.
Frequently Asked Questions
Can an attorney share protected discovery material with a lawyer in a different, related case?
Yes, but only with the court’s permission, granted after notice and an opportunity to be heard for anyone the protective order protects.
Does the receiving attorney have any obligations before getting the shared material?
Yes. The attorney who receives the material must agree, in writing, to be bound by the terms of the original protective order.
What kinds of cases does this sharing provision apply to?
Materials or information related to a personal injury action or an action for wrongful death produced in discovery.
Does this section apply to protective orders issued before 1989?
No. It applies only to protective orders issued on or after July 1, 1989.
What counts as a “similar or related matter” for sharing purposes?
The statute does not define the phrase further — it leaves that determination, along with whether to allow the sharing, to the court after notice and a hearing.
Amendment History
1989, c. 702.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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