2006 Code of Virginia § 8.01-216.18 - Civil investigative demands; judicial proceedings for noncompliance

8.01-216.18. Civil investigative demands; judicial proceedings fornoncompliance.

A. Whenever any person fails to comply with any civil investigative demandissued under this article, or whenever satisfactory copying or reproductionof any material requested in such demand cannot be done and such personrefuses to surrender the material, the Attorney General may file in theappropriate circuit court for the county or city in which such personresides, is found, or transacts business, and serve upon such person apetition for a court order for the enforcement of the civil investigativedemand.

B. Any person who has received a civil investigative demand issued under thisarticle may file, in the circuit court of any county or city within whichsuch person resides, is found, or transacts business, and serve upon theinvestigator identified in such demand a petition for an order of the courtto modify or set aside the demand. In the case of a petition addressed to anexpress demand for any product of discovery, a petition to modify or setaside such demand may be brought only in the circuit court of the county orcity in which the proceeding in which such discovery was obtained is or waslast pending. Any petition under this section shall be filed (i) withintwenty-one days after the date of service of the civil investigative demand,or at any time before the return date specified in the demand, whichever dateis earlier, or (ii) within such longer period as may be prescribed in writingby any investigator identified in the demand.

C. The petition shall specify each ground upon which the petitioner relies inseeking relief, and may be based upon any failure of the demand to complywith the provisions of this article or upon any constitutional or other legalright or privilege of such person. During the pendency of the petition in thecourt, the court may stay, as it deems proper, the running of the timeallowed for compliance with the demand, in whole or in part, except that theperson filing the petition shall comply with any portions of the demand notsought to be modified or set aside.

D. In the case of any civil investigative demand issued under this articlethat is an express demand for any product of discovery, the person from whomsuch discovery was obtained may file, in the circuit court of the county orcity in which the proceeding in which such discovery was obtained is or waslast pending, and serve upon any investigator identified in the demand andupon the recipient of the demand a petition for a court order to modify orset aside those portions of the demand requiring production of any suchproduct of discovery. Any petition under this subsection shall be filed (i)within twenty-one days after the date of service of the civil investigativedemand or at any time before the return date specified in the demand,whichever date is earlier, or (ii) within such longer period as may beprescribed in writing by any investigator identified in the demand.

E. The petition shall specify each ground upon which the petitioner relies inseeking relief and may be based upon any failure of the demand from whichrelief is sought to comply with the provisions of this article, or upon anyconstitutional or other legal right or privilege of the petitioner. Duringthe pendency of the petition, the court may stay, as it deems proper,compliance with the demand and the running of the time allowed for compliancewith the demand.

F. At any time during which any custodian is in custody or control of anydocumentary material or answers to interrogatories produced, or transcriptsof oral testimony given by any person in compliance with any civilinvestigative demand issued under this article, such person, and in the caseof an express demand for any product of discovery, the person from whom suchdiscovery was obtained, may file, in the circuit court of the county or citywithin which the office of such custodian is situated, and serve upon suchcustodian a petition for a court order to require the performance by thecustodian of any duty imposed upon the custodian by this section. Wheneverany petition is filed in any circuit court under this section, the courtshall have jurisdiction to hear and determine the matter so presented, and toenter such order or orders as may be required to carry out the provisions ofthis section. Any final order so entered shall be subject to appeal in thesame manner as appeals of other final orders in civil matters. Anydisobedience of any final order entered under this section by any court shallbe punished as contempt of the court.

G. Any documentary material, answers to written interrogatories, or oraltestimony provided under any civil investigative demand issued under thisarticle shall be exempt from disclosure under the Virginia AdministrativeProcess Act ( 2.2-4000 et seq.).

(2002, c. 842.)