{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-216.16.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-216.16.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-216.16.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-216.16.html"}],"law_id":69043,"edition_id":1,"section_id":69043,"structure_id":14503,"section_number":"8.01-216.16","catch_line":"Civil investigative demands; oral examinations","history":"2002, c. 842.","full_text":"A\n\nThe examination of any person pursuant to a civil investigative demand for oral testimony served under this article shall be taken before an officer authorized to administer oaths under the laws of this Commonwealth or of the place where the examination is held. The officer before whom the testimony is to be taken shall put the witness on oath and shall, personally or by someone acting under the direction of the officer and in the officer&#8217;s presence, record the testimony of the witness. The testimony shall be taken stenographically and shall be transcribed. When the testimony is fully transcribed, the officer before whom the testimony is taken shall promptly transmit a copy of the transcript of the testimony to the Attorney General. This section shall not preclude the taking of testimony by any means authorized by and in a manner consistent with the Rules of the Supreme Court of Virginia.B\n\nThe investigator conducting the examination shall exclude from the place where the examination is held all persons except the person giving the testimony, the attorney for and any other representative of the person giving the testimony, the attorney for the Commonwealth, any person who may be agreed upon by the attorney for the Commonwealth and the person giving the testimony, the officer before whom the testimony is to be taken, and any court reporter taking such testimony.C\n\nThe oral testimony of any person taken pursuant to a civil investigative demand served under this article shall be taken in the county or city within which such person resides, is found, or transacts business or in such other place as may be agreed upon by the investigator conducting the examination and such person.D\n\nWhen the testimony is fully transcribed, the investigator or the officer before whom the testimony is taken shall afford the witness, who may be accompanied by counsel, a reasonable opportunity to examine and read the transcript, unless such examination and reading are waived by the witness. Any changes in form or substance that the witness desires to make shall be entered and identified upon the transcript by the officer or the investigator, with a statement of the reasons given by the witness for making such changes. The transcript shall then be signed by the witness, unless the witness in writing waives the signing, is ill, cannot be found, or refuses to sign. If the transcript is not signed by the witness within thirty days after being afforded a reasonable opportunity to examine it, the officer or the investigator shall sign it and state on the record the fact of the waiver, illness, absence of the witness, or the refusal to sign, together with the reasons, if any, given therefor.E\n\nThe officer before whom the testimony is taken shall certify on the transcript that the witness was sworn by the officer and that the transcript is a true record of the testimony given by the witness, and the officer or investigator shall promptly deliver the transcript, or send the transcript by registered or certified mail, to the Attorney General.F\n\nUpon payment of reasonable charges therefor, the investigator shall furnish a copy of the transcript to the witness only, except that the Attorney General may, for good cause, limit such witness to inspection of the official transcript of the witness&#8217; testimony.G\n\nAny person compelled to appear for oral testimony under a civil investigative demand may be accompanied, represented, and advised by counsel. Counsel may advise such person, in confidence, with respect to any question asked of such person. Such person or counsel may object on the record to any question, in whole or in part, and shall briefly state for the record the reason for the objection. An objection may be made, received, and entered upon the record when it is claimed that such person is entitled to refuse to answer the question on the grounds of any constitutional or other legal right or privilege. Such person may not otherwise object to or refuse to answer any question, and may not directly or through counsel otherwise interrupt the oral examination. If such person refuses to answer any question, a petition may be filed in the circuit court for an order compelling such person to answer such question. If such person refuses to answer any question on the grounds of the privilege against self-incrimination, the testimony of such person may be compelled in accordance with applicable law.H\n\nAny person appearing for oral testimony under a civil investigative demand issued under this article shall be entitled to the same fees and allowances paid to witnesses in the circuit court.","order_by":null,"text":{"0":{"id":249926,"text":"The examination of any person pursuant to a civil investigative demand for oral testimony served under this article shall be taken before an officer authorized to administer oaths under the laws of this Commonwealth or of the place where the examination is held. The officer before whom the testimony is to be taken shall put the witness on oath and shall, personally or by someone acting under the direction of the officer and in the officer&#8217;s presence, record the testimony of the witness. The testimony shall be taken stenographically and shall be transcribed. When the testimony is fully transcribed, the officer before whom the testimony is taken shall promptly transmit a copy of the transcript of the testimony to the Attorney General. This section shall not preclude the taking of testimony by any means authorized by and in a manner consistent with the Rules of the Supreme Court of Virginia.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":249927,"text":"The investigator conducting the examination shall exclude from the place where the examination is held all persons except the person giving the testimony, the attorney for and any other representative of the person giving the testimony, the attorney for the Commonwealth, any person who may be agreed upon by the attorney for the Commonwealth and the person giving the testimony, the officer before whom the testimony is to be taken, and any court reporter taking such testimony.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":249928,"text":"The oral testimony of any person taken pursuant to a civil investigative demand served under this article shall be taken in the county or city within which such person resides, is found, or transacts business or in such other place as may be agreed upon by the investigator conducting the examination and such person.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":249929,"text":"When the testimony is fully transcribed, the investigator or the officer before whom the testimony is taken shall afford the witness, who may be accompanied by counsel, a reasonable opportunity to examine and read the transcript, unless such examination and reading are waived by the witness. Any changes in form or substance that the witness desires to make shall be entered and identified upon the transcript by the officer or the investigator, with a statement of the reasons given by the witness for making such changes. The transcript shall then be signed by the witness, unless the witness in writing waives the signing, is ill, cannot be found, or refuses to sign. If the transcript is not signed by the witness within thirty days after being afforded a reasonable opportunity to examine it, the officer or the investigator shall sign it and state on the record the fact of the waiver, illness, absence of the witness, or the refusal to sign, together with the reasons, if any, given therefor.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":249930,"text":"The officer before whom the testimony is taken shall certify on the transcript that the witness was sworn by the officer and that the transcript is a true record of the testimony given by the witness, and the officer or investigator shall promptly deliver the transcript, or send the transcript by registered or certified mail, to the Attorney General.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":249931,"text":"Upon payment of reasonable charges therefor, the investigator shall furnish a copy of the transcript to the witness only, except that the Attorney General may, for good cause, limit such witness to inspection of the official transcript of the witness&#8217; testimony.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":249932,"text":"Any person compelled to appear for oral testimony under a civil investigative demand may be accompanied, represented, and advised by counsel. Counsel may advise such person, in confidence, with respect to any question asked of such person. Such person or counsel may object on the record to any question, in whole or in part, and shall briefly state for the record the reason for the objection. An objection may be made, received, and entered upon the record when it is claimed that such person is entitled to refuse to answer the question on the grounds of any constitutional or other legal right or privilege. Such person may not otherwise object to or refuse to answer any question, and may not directly or through counsel otherwise interrupt the oral examination. If such person refuses to answer any question, a petition may be filed in the circuit court for an order compelling such person to answer such question. If such person refuses to answer any question on the grounds of the privilege against self-incrimination, the testimony of such person may be compelled in accordance with applicable law.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":249933,"text":"Any person appearing for oral testimony under a civil investigative demand issued under this article shall be entitled to the same fees and allowances paid to witnesses in the circuit court.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":14503,"edition_id":1,"name":"Virginia Fraud Against Taxpayers Act","identifier":"19.1","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:48:23","date_modified":"2026-06-26 03:48:23","permalink":{"id":280295,"object_type":"structure","relational_id":14503,"identifier":"19.1","token":"8.01\/3\/19.1","url":"\/8.01\/3\/19.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63269,"structure_id":14503,"section_number":"8.01-216.1","catch_line":"Citation","url":"\/8.01-216.1\/","token":"8.01\/3\/19.1\/8.01-216.1","metadata":false},{"id":80446,"structure_id":14503,"section_number":"8.01-216.10","catch_line":"Civil investigative demands; issuance; sharing information","url":"\/8.01-216.10\/","token":"8.01\/3\/19.1\/8.01-216.10","metadata":false},{"id":66800,"structure_id":14503,"section_number":"8.01-216.11","catch_line":"Civil investigative demands; contents and deadlines","url":"\/8.01-216.11\/","token":"8.01\/3\/19.1\/8.01-216.11","metadata":false},{"id":80475,"structure_id":14503,"section_number":"8.01-216.12","catch_line":"Civil investigative demands; protected material or information","url":"\/8.01-216.12\/","token":"8.01\/3\/19.1\/8.01-216.12","metadata":false},{"id":68310,"structure_id":14503,"section_number":"8.01-216.13","catch_line":"Civil investigative demands; service and jurisdiction","url":"\/8.01-216.13\/","token":"8.01\/3\/19.1\/8.01-216.13","metadata":false},{"id":69616,"structure_id":14503,"section_number":"8.01-216.14","catch_line":"Civil investigative demands; documentary material","url":"\/8.01-216.14\/","token":"8.01\/3\/19.1\/8.01-216.14","metadata":false},{"id":80936,"structure_id":14503,"section_number":"8.01-216.15","catch_line":"Civil investigative demands; interrogatories","url":"\/8.01-216.15\/","token":"8.01\/3\/19.1\/8.01-216.15","metadata":false},{"id":69043,"structure_id":14503,"section_number":"8.01-216.16","catch_line":"Civil investigative demands; oral examinations","url":"\/8.01-216.16\/","token":"8.01\/3\/19.1\/8.01-216.16","metadata":false},{"id":77256,"structure_id":14503,"section_number":"8.01-216.17","catch_line":"Civil investigative demands; custodian of documents; answers","url":"\/8.01-216.17\/","token":"8.01\/3\/19.1\/8.01-216.17","metadata":false},{"id":58226,"structure_id":14503,"section_number":"8.01-216.18","catch_line":"Civil investigative demands; judicial proceedings for noncompliance","url":"\/8.01-216.18\/","token":"8.01\/3\/19.1\/8.01-216.18","metadata":false},{"id":57943,"structure_id":14503,"section_number":"8.01-216.19","catch_line":"Application of the Rules of the Supreme Court","url":"\/8.01-216.19\/","token":"8.01\/3\/19.1\/8.01-216.19","metadata":false},{"id":70410,"structure_id":14503,"section_number":"8.01-216.2","catch_line":"Definitions","url":"\/8.01-216.2\/","token":"8.01\/3\/19.1\/8.01-216.2","metadata":false},{"id":86532,"structure_id":14503,"section_number":"8.01-216.3","catch_line":"False claims; civil penalty","url":"\/8.01-216.3\/","token":"8.01\/3\/19.1\/8.01-216.3","metadata":false},{"id":84880,"structure_id":14503,"section_number":"8.01-216.4","catch_line":"Attorney General; investigation, civil action","url":"\/8.01-216.4\/","token":"8.01\/3\/19.1\/8.01-216.4","metadata":false},{"id":55916,"structure_id":14503,"section_number":"8.01-216.5","catch_line":"Civil actions filed by private persons; Commonwealth may intervene","url":"\/8.01-216.5\/","token":"8.01\/3\/19.1\/8.01-216.5","metadata":false},{"id":75094,"structure_id":14503,"section_number":"8.01-216.6","catch_line":"Rights of private plaintiff and Commonwealth","url":"\/8.01-216.6\/","token":"8.01\/3\/19.1\/8.01-216.6","metadata":false},{"id":58483,"structure_id":14503,"section_number":"8.01-216.7","catch_line":"Award to private plaintiff","url":"\/8.01-216.7\/","token":"8.01\/3\/19.1\/8.01-216.7","metadata":false},{"id":75318,"structure_id":14503,"section_number":"8.01-216.8","catch_line":"Certain actions barred; relief from employment discrimination; waiver of sovereign immunity","url":"\/8.01-216.8\/","token":"8.01\/3\/19.1\/8.01-216.8","metadata":false},{"id":66313,"structure_id":14503,"section_number":"8.01-216.9","catch_line":"Procedure; statute of limitations","url":"\/8.01-216.9\/","token":"8.01\/3\/19.1\/8.01-216.9","metadata":false}],"previous_section":{"id":80936,"structure_id":14503,"section_number":"8.01-216.15","catch_line":"Civil investigative demands; interrogatories","url":"\/8.01-216.15\/","token":"8.01\/3\/19.1\/8.01-216.15","metadata":false},"next_section":{"id":77256,"structure_id":14503,"section_number":"8.01-216.17","catch_line":"Civil investigative demands; custodian of documents; answers","url":"\/8.01-216.17\/","token":"8.01\/3\/19.1\/8.01-216.17","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-216.16\/","history_text":"<p>This law was first created in 2002. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0842\">842<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":280325,"object_type":"law","relational_id":69043,"identifier":"8.01-216.16","token":"8.01\/3\/19.1\/8.01-216.16","url":"\/8.01-216.16\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-216.16\/","token":"8.01\/3\/19.1\/8.01-216.16","dublin_core":{"Title":"Civil investigative demands; oral examinations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-216.16","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The examination of any <span class=\"dictionary\">person<\/span> pursuant to a civil investigative demand for oral <span class=\"dictionary\">testimony<\/span> served under this article shall be taken before an officer authorized to administer <span class=\"dictionary\">oaths<\/span> under the <span class=\"dictionary\">laws<\/span> of this <span class=\"dictionary\">Commonwealth<\/span> or of the place where the examination is held. The officer before whom the <span class=\"dictionary\">testimony<\/span> is to be taken shall put the <span class=\"dictionary\">witness<\/span> on <span class=\"dictionary\">oath<\/span> and shall, personally or by someone acting under the direction of the officer and in the officer&#8217;s presence, record the <span class=\"dictionary\">testimony<\/span> of the <span class=\"dictionary\">witness<\/span>. The <span class=\"dictionary\">testimony<\/span> shall be taken stenographically and shall be transcribed. When the <span class=\"dictionary\">testimony<\/span> is fully transcribed, the officer before whom the <span class=\"dictionary\">testimony<\/span> is taken shall promptly transmit a copy of the <span class=\"dictionary\">transcript<\/span> of the <span class=\"dictionary\">testimony<\/span> to the <span class=\"dictionary\">Attorney General<\/span>. This section shall not preclude the taking of <span class=\"dictionary\">testimony<\/span> by any means authorized by and in a manner consistent with the Rules of the Supreme <span class=\"dictionary\">Court<\/span> of Virginia. <a id=\"paragraph-249926\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-216.16\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The investigator conducting the examination shall exclude from the place where the examination is held all <span class=\"dictionary\">persons<\/span> except the <span class=\"dictionary\">person<\/span> giving the <span class=\"dictionary\">testimony<\/span>, the attorney for and any other representative of the <span class=\"dictionary\">person<\/span> giving the <span class=\"dictionary\">testimony<\/span>, the attorney for the <span class=\"dictionary\">Commonwealth<\/span>, any <span class=\"dictionary\">person<\/span> who may be agreed upon by the attorney for the <span class=\"dictionary\">Commonwealth<\/span> and the <span class=\"dictionary\">person<\/span> giving the <span class=\"dictionary\">testimony<\/span>, the officer before whom the <span class=\"dictionary\">testimony<\/span> is to be taken, and any <span class=\"dictionary\">court reporter<\/span> taking such <span class=\"dictionary\">testimony<\/span>. <a id=\"paragraph-249927\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-216.16\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The oral <span class=\"dictionary\">testimony<\/span> of any <span class=\"dictionary\">person<\/span> taken pursuant to a civil investigative demand served under this article shall be taken in the county or city within which such <span class=\"dictionary\">person<\/span> resides, is found, or transacts business or in such other place as may be agreed upon by the investigator conducting the examination and such <span class=\"dictionary\">person<\/span>. <a id=\"paragraph-249928\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-216.16\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> When the <span class=\"dictionary\">testimony<\/span> is fully transcribed, the investigator or the officer before whom the <span class=\"dictionary\">testimony<\/span> is taken shall afford the <span class=\"dictionary\">witness<\/span>, who may be accompanied by <span class=\"dictionary\">counsel<\/span>, a reasonable opportunity to examine and read the <span class=\"dictionary\">transcript<\/span>, unless such examination and reading are waived by the <span class=\"dictionary\">witness<\/span>. Any changes in form or substance that the <span class=\"dictionary\">witness<\/span> desires to make shall be entered and identified upon the <span class=\"dictionary\">transcript<\/span> by the officer or the investigator, with a statement of the reasons given by the <span class=\"dictionary\">witness<\/span> for making such changes. The <span class=\"dictionary\">transcript<\/span> shall then be signed by the <span class=\"dictionary\">witness<\/span>, unless the <span class=\"dictionary\">witness<\/span> in writing <span class=\"dictionary\">waives<\/span> the signing, is ill, cannot be found, or refuses to sign. If the <span class=\"dictionary\">transcript<\/span> is not signed by the <span class=\"dictionary\">witness<\/span> within thirty days after being afforded a reasonable opportunity to examine it, the officer or the investigator shall sign it and state on the record the <span class=\"dictionary\">fact<\/span> of the <span class=\"dictionary\">waiver<\/span>, illness, absence of the <span class=\"dictionary\">witness<\/span>, or the refusal to sign, together with the reasons, if any, given therefor. <a id=\"paragraph-249929\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-216.16\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> The officer before whom the <span class=\"dictionary\">testimony<\/span> is taken shall certify on the <span class=\"dictionary\">transcript<\/span> that the <span class=\"dictionary\">witness<\/span> was sworn by the officer and that the <span class=\"dictionary\">transcript<\/span> is a true record of the <span class=\"dictionary\">testimony<\/span> given by the <span class=\"dictionary\">witness<\/span>, and the officer or investigator shall promptly deliver the <span class=\"dictionary\">transcript<\/span>, or send the <span class=\"dictionary\">transcript<\/span> by registered or certified mail, to the <span class=\"dictionary\">Attorney General<\/span>. <a id=\"paragraph-249930\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-216.16\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Upon payment of reasonable charges therefor, the investigator shall furnish a copy of the <span class=\"dictionary\">transcript<\/span> to the <span class=\"dictionary\">witness<\/span> only, except that the <span class=\"dictionary\">Attorney General<\/span> may, for good cause, limit such <span class=\"dictionary\">witness<\/span> to inspection of the official <span class=\"dictionary\">transcript<\/span> of the <span class=\"dictionary\">witness<\/span>&#8217; <span class=\"dictionary\">testimony<\/span>. <a id=\"paragraph-249931\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-216.16\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> Any <span class=\"dictionary\">person<\/span> compelled to appear for oral <span class=\"dictionary\">testimony<\/span> under a civil investigative demand may be accompanied, represented, and advised by <span class=\"dictionary\">counsel<\/span>. <span class=\"dictionary\">Counsel<\/span> may advise such <span class=\"dictionary\">person<\/span>, in confidence, with respect to any question asked of such <span class=\"dictionary\">person<\/span>. Such <span class=\"dictionary\">person<\/span> or <span class=\"dictionary\">counsel<\/span> may <span class=\"dictionary\">object<\/span> on the record to any question, in whole or in part, and shall briefly state for the record the reason for the objection. An objection may be made, received, and entered upon the record when it is claimed that such <span class=\"dictionary\">person<\/span> is entitled to refuse to answer the question on the grounds of any constitutional or other legal right or <span class=\"dictionary\">privilege<\/span>. Such <span class=\"dictionary\">person<\/span> may not otherwise <span class=\"dictionary\">object<\/span> to or refuse to answer any question, and may not directly or through <span class=\"dictionary\">counsel<\/span> otherwise interrupt the oral examination. If such <span class=\"dictionary\">person<\/span> refuses to answer any question, a <span class=\"dictionary\">petition<\/span> may be filed in the <span class=\"dictionary\">circuit<\/span> court for an <span class=\"dictionary\">order<\/span> compelling such <span class=\"dictionary\">person<\/span> to answer such question. If such <span class=\"dictionary\">person<\/span> refuses to answer any question on the grounds of the <span class=\"dictionary\">privilege<\/span> against self-incrimination, the <span class=\"dictionary\">testimony<\/span> of such <span class=\"dictionary\">person<\/span> may be compelled in accordance with applicable <span class=\"dictionary\">law<\/span>. <a id=\"paragraph-249932\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-216.16\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> Any <span class=\"dictionary\">person<\/span> appearing for oral <span class=\"dictionary\">testimony<\/span> under a civil investigative demand issued under this article shall be entitled to the same fees and allowances paid to witnesses in the <span class=\"dictionary\">circuit<\/span> court. <a id=\"paragraph-249933\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-216.16\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCIVIL INVESTIGATIVE DEMANDS; ORAL EXAMINATIONS (\u00a7 8.01-216.16)\n\nA. The examination of any person pursuant to a civil investigative demand for\noral testimony served under this article shall be taken before an officer\nauthorized to administer oaths under the laws of this Commonwealth or of the\nplace where the examination is held. The officer before whom the testimony is to\nbe taken shall put the witness on oath and shall, personally or by someone\nacting under the direction of the officer and in the officer&#8217;s presence,\nrecord the testimony of the witness. The testimony shall be taken\nstenographically and shall be transcribed. When the testimony is fully\ntranscribed, the officer before whom the testimony is taken shall promptly\ntransmit a copy of the transcript of the testimony to the Attorney General. This\nsection shall not preclude the taking of testimony by any means authorized by\nand in a manner consistent with the Rules of the Supreme Court of Virginia.\n\nB. The investigator conducting the examination shall exclude from the place\nwhere the examination is held all persons except the person giving the\ntestimony, the attorney for and any other representative of the person giving\nthe testimony, the attorney for the Commonwealth, any person who may be agreed\nupon by the attorney for the Commonwealth and the person giving the testimony,\nthe officer before whom the testimony is to be taken, and any court reporter\ntaking such testimony.\n\nC. The oral testimony of any person taken pursuant to a civil investigative\ndemand served under this article shall be taken in the county or city within\nwhich such person resides, is found, or transacts business or in such other\nplace as may be agreed upon by the investigator conducting the examination and\nsuch person.\n\nD. When the testimony is fully transcribed, the investigator or the officer\nbefore whom the testimony is taken shall afford the witness, who may be\naccompanied by counsel, a reasonable opportunity to examine and read the\ntranscript, unless such examination and reading are waived by the witness. Any\nchanges in form or substance that the witness desires to make shall be entered\nand identified upon the transcript by the officer or the investigator, with a\nstatement of the reasons given by the witness for making such changes. The\ntranscript shall then be signed by the witness, unless the witness in writing\nwaives the signing, is ill, cannot be found, or refuses to sign. If the\ntranscript is not signed by the witness within thirty days after being afforded\na reasonable opportunity to examine it, the officer or the investigator shall\nsign it and state on the record the fact of the waiver, illness, absence of the\nwitness, or the refusal to sign, together with the reasons, if any, given\ntherefor.\n\nE. The officer before whom the testimony is taken shall certify on the\ntranscript that the witness was sworn by the officer and that the transcript is\na true record of the testimony given by the witness, and the officer or\ninvestigator shall promptly deliver the transcript, or send the transcript by\nregistered or certified mail, to the Attorney General.\n\nF. Upon payment of reasonable charges therefor, the investigator shall furnish a\ncopy of the transcript to the witness only, except that the Attorney General\nmay, for good cause, limit such witness to inspection of the official transcript\nof the witness&#8217; testimony.\n\nG. Any person compelled to appear for oral testimony under a civil investigative\ndemand may be accompanied, represented, and advised by counsel. Counsel may\nadvise such person, in confidence, with respect to any question asked of such\nperson. Such person or counsel may object on the record to any question, in\nwhole or in part, and shall briefly state for the record the reason for the\nobjection. An objection may be made, received, and entered upon the record when\nit is claimed that such person is entitled to refuse to answer the question on\nthe grounds of any constitutional or other legal right or privilege. Such person\nmay not otherwise object to or refuse to answer any question, and may not\ndirectly or through counsel otherwise interrupt the oral examination. If such\nperson refuses to answer any question, a petition may be filed in the circuit\ncourt for an order compelling such person to answer such question. If such\nperson refuses to answer any question on the grounds of the privilege against\nself-incrimination, the testimony of such person may be compelled in accordance\nwith applicable law.\n\nH. Any person appearing for oral testimony under a civil investigative demand\nissued under this article shall be entitled to the same fees and allowances paid\nto witnesses in the circuit court.\n\nHISTORY: 2002, c. 842.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}