2006 Code of Virginia § 8.01-216.9 - Procedure; statute of limitations

8.01-216.9. Procedure; statute of limitations.

A subpoena requiring the attendance of a witness at a trial or hearingconducted under this article may be served at any place in the Commonwealth.

A civil action under 8.01-216.5 may not be brought (i) more than six yearsafter the date on which the violation is committed or (ii) more than threeyears after the date when facts material to the right of action are known orreasonably should have been known by the official of the Commonwealth chargedwith responsibility to act in the circumstances, but in that event no morethan ten years after the date on which the violation is committed, whicheveroccurs last.

In any action brought under 8.01-216.5, the Commonwealth shall be requiredto prove all essential elements of the cause of action, including damages, bya preponderance of the evidence.

Notwithstanding any other provision of law, a final judgment rendered infavor of the Commonwealth in any criminal proceeding charging fraud or falsestatements, whether upon a verdict after trial or upon a plea of guilty ornolo contendere, shall estop the defendant from denying the essentialelements of the offense in any action that involves the same transaction asin the criminal proceeding and which is brought under 8.01-216.5.

(2002, c. 842.)