2006 Code of Virginia § 8.01-216.11 - Civil investigative demands; contents and deadlines

8.01-216.11. Civil investigative demands; contents and deadlines.

Each civil investigative demand issued under this article shall state thenature of the conduct constituting the alleged violation of a false claimslaw that is under investigation, and the applicable provision of law allegedto be violated.

If such demand is for the production of documentary material, the demandshall (i) describe each class of documentary material to be produced withsuch definiteness and certainty as to permit such material to be fairlyidentified; (ii) prescribe a return date for each such class that willprovide a reasonable period of time within which the material so demanded maybe assembled and made available for inspection and copying; and (iii)identify the false claims law investigator to whom such material shall bemade available.

If such demand is for answers to written interrogatories, the demand shall(i) set forth with specificity the written interrogatories to be answered;(ii) prescribe dates at which time answers to written interrogatories shallbe submitted; and (iii) identify the false claims law investigator to whomsuch answers shall be submitted.

If such demand is for the giving of oral testimony, the demand shall (i)prescribe a date, time, and place at which oral testimony shall be commenced;(ii) identify a false claims law investigator who shall conduct theexamination and the custodian to whom the transcript of such examinationshall be submitted; (iii) specify that such attendance and testimony arenecessary to the conduct of the investigation; (iv) notify the personreceiving the demand of the right to be accompanied by an attorney and anyother representative; and (v) describe the general purpose for which thedemand is being issued and the general nature of the testimony, including theprimary areas of inquiry that will be taken pursuant to the demand.

Any civil investigative demand that is an express demand for any product ofdiscovery shall not be returned or returnable until twenty-one days after acopy of such demand has been served upon the person from whom the discoverywas obtained.

The date prescribed for the commencement of oral testimony pursuant to acivil investigative demand issued under this article shall be a date that isnot less than seven days after the date on which the demand is received,unless the Attorney General determines that exceptional circumstances arepresent that warrant the commencement of such testimony within a lesserperiod of time.

The Attorney General shall not authorize the issuance of more than one civilinvestigative demand for oral testimony by the same person unless the personrequests otherwise or unless the Attorney General, after investigation,notifies that person in writing that an additional demand for oral testimonyis necessary.

(2002, c. 842.)