Rule 8:11.Reporters and Transcripts of Proceedings in Court.

Any party has the right to have a court reporter present to take down or record the proceedings. Where the proceeding is not open to the public, whether a reporter may attend on behalf of a non-party is within the judge’s sound discretion; in all other proceedings, any non-party may bring a reporter. Reporters must first be sworn to take down and transcribe faithfully and accurately to the best of their ability, and are subject to the judge’s control and discipline. The proceedings may also be taken down by any recording device the court approves.

Who may obtain the transcript depends on how open the proceeding was. In proceedings open to the public, any interested person is entitled to a transcript unless the records remain confidential under Code § 16.1-305. In proceedings not open to the public, a party is entitled to a transcript without prior court order, though the court may limit its circulation by that party; other interested persons need a court order stating for whom the transcript is prepared and what restrictions apply to its use and distribution.

Two categories of serious delinquency case are carved out of that restriction. Where a proceeding was closed for good cause under Code § 16.1-302(C) and resulted in an adjudication of delinquency of a juvenile fourteen or older on the basis of an act that would be a felony for an adult, any interested person is entitled to a transcript — except portions the judge has ordered to remain confidential under Code § 16.1-305(B1). The same access applies to a proceeding resulting in an adjudication of delinquency that follows a prior such adjudication, subject to the same confidentiality exception.