2006 Code of Virginia § 8.01-216.6 - Rights of private plaintiff and Commonwealth

8.01-216.6. Rights of private plaintiff and Commonwealth.

A. If the Commonwealth proceeds with the action, it shall have the primaryresponsibility for prosecuting the action, and shall not be bound by an actof the person bringing the action. Such person shall have the right tocontinue as a party to the action, subject to the limitations of this section.

B. The Commonwealth may dismiss the action notwithstanding the objections ofthe person initiating the action if the person has been notified by theCommonwealth of the filing of the motion and the court has provided theperson with an opportunity for a hearing on the motion.

C. The Commonwealth may settle the action with the defendant notwithstandingthe objections of the person initiating the action if the court determines,after a hearing, that the proposed settlement is fair, adequate, andreasonable under all the circumstances. Upon a showing of good cause, suchhearing may be held in camera. The Commonwealth may, for good cause shown,move the court for a partial lifting of the seal to facilitate theinvestigative process or settlement.

D. Upon a showing by the Commonwealth that unrestricted participation duringthe course of the litigation by the person initiating the action wouldinterfere with or unduly delay the Commonwealth's prosecution of the case, orwould be repetitious, irrelevant, or for purposes of harassment, the courtmay, in its discretion, impose limitations on the person's participation,such as (i) limiting the number of witnesses the person may call; (ii)limiting the length of the testimony of such witnesses; (iii) limiting theperson's cross-examination of witnesses; and (iv) otherwise limiting theparticipation by the person in the litigation.

E. Upon a showing by the defendant that unrestricted participation during thecourse of the litigation by the person initiating the action would be forpurposes of harassment or would cause the defendant undue burden orunnecessary expense, the court may limit the participation by the person inthe litigation.

F. If the Commonwealth elects not to proceed with the action, the person whoinitiated the action shall have the right to conduct the action. If theCommonwealth so requests, it shall be served with copies of all pleadingsfiled in the action and shall be supplied with copies of all depositiontranscripts at the Commonwealth's expense. When a person proceeds with theaction, the court, without limiting the status and rights of the personinitiating the action, may nevertheless permit the Commonwealth to interveneat a later date upon a showing of good cause.

G. Whether or not the Commonwealth proceeds with the action, upon a showingby the Commonwealth that certain actions of discovery by the personinitiating the action would interfere with the Commonwealth's investigationor prosecution of a criminal or civil matter arising out of the same facts,the court may stay such discovery for a period of not more than sixty days.Such a showing shall be conducted in camera. The court may extend thesixty-day period upon a further showing in camera that the Commonwealth haspursued the criminal or civil investigation or proceedings with reasonablediligence and any proposed discovery in the civil action will interfere withthe ongoing criminal or civil investigation or proceedings.

H. Notwithstanding the provisions of subsection B of 8.01-216.5, theCommonwealth may elect to pursue its claim through any alternate remedyavailable to the Commonwealth, including any administrative proceeding todetermine a civil money penalty. If any such alternate remedy is pursued inanother proceeding, the person initiating the action shall have the samerights in such proceeding as such person would have had if the action hadcontinued under this section. Any finding of fact or conclusion of law madein such other proceeding that has become final shall be conclusive on allparties to an action under this article. For purposes of this subsection, afinding or conclusion is final if it has been finally determined on appeal toa court of competent jurisdiction of the Commonwealth, if the time for filingan appeal with respect to the finding or conclusion has expired, or if thefinding or conclusion is not subject to judicial review.

(2002, c. 842.)