2006 Code of Virginia § 8.01-216.5 - Civil actions filed by private persons; Commonwealth may intervene

8.01-216.5. Civil actions filed by private persons; Commonwealth mayintervene.

A. A person may bring a civil action for a violation of 8.01-216.3 for theperson and for the Commonwealth. The action shall be brought in the name ofthe Commonwealth. The action may be dismissed only if the court and theAttorney General give written consent to the dismissal and their reasons forconsenting.

B. A copy of the motion for judgment and written disclosure of substantiallyall material evidence and information the person possesses shall be served onthe Commonwealth. The motion for judgment shall be filed in camera, shallremain under seal for at least 120 days, and shall not be served on thedefendant until the court so orders. The Commonwealth may elect to interveneand proceed with the action within 120 days after it receives both the motionfor judgment and the material evidence and information.

C. The Commonwealth may, for good cause shown, move the court for extensionsof the time during which the motion for judgment remains under seal. Any suchmotions may be supported by affidavits or other submissions in camera. Thedefendant shall not be required to respond to any motion for judgment filedunder this section until twenty-one days after the motion for judgment isunsealed and served upon the defendant.

D. Before the expiration of the 120-day period or any extensions obtainedunder subsection C, the Commonwealth shall proceed with the action, in whichcase the action shall be conducted by the Commonwealth, or notify the courtthat it declines to take over the action, in which case the person bringingthe action shall have the right to prosecute the action.

E. When a person brings an action under this section, no person other thanthe Commonwealth may intervene or bring a related action based on the factsunderlying the pending action.

(2002, c. 842.)