{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-216.17.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-216.17.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-216.17.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-216.17.html"}],"law_id":77256,"edition_id":1,"section_id":77256,"structure_id":14503,"section_number":"8.01-216.17","catch_line":"Civil investigative demands; custodian of documents; answers","history":"2002, c. 842; 2011, c. 676.","full_text":"A\n\nThe Attorney General shall serve as custodian of documentary material, answers to interrogatories, and transcripts of oral testimony received under this article.B\n\nAn investigator who receives any documentary material, answers to interrogatories, or transcripts of oral testimony under this section shall transmit them to the Attorney General. The Attorney General shall take physical possession of such material, answers, or transcripts and shall be responsible for the use made of them and for the return of documentary material.C\n\nThe Attorney General may cause the preparation of such copies of documentary material, answers to interrogatories, or transcripts of oral testimony as may be required for official use by any investigator, or other officer or employee of the Attorney General or employee of the Department of State Police. Such material, answers, and transcripts may be used by any authorized investigator or other officer or employee in connection with the taking of oral testimony under this article.D\n\nExcept as otherwise provided in this section, no documentary material, answers to interrogatories, or transcripts of oral testimony, or copies thereof, while in the possession of the Attorney General, shall be available for examination by any individual other than an investigator or other officer or employee of the Attorney General or employee of the Department of State Police authorized by the Attorney General. The prohibition on the availability of material, answers, or transcripts shall not apply if consent is given by the person who produced such material, answers, or transcripts, or, in the case of any product of discovery produced pursuant to an express demand for such material, consent is given by the person from whom the discovery was obtained. Nothing in this subsection is intended to prevent disclosure to the General Assembly, including any committee or subcommittee of the General Assembly, or to any other state agency for use by such agency in furtherance of its statutory responsibilities.E\n\nWhile in the possession of the Attorney General and under such reasonable terms and conditions as the Attorney General shall prescribe, (i) documentary material and answers to interrogatories shall be available for examination by the person who produced such material or answers, or by a representative of that person authorized by that person to examine such material and answers, and (ii) transcripts of oral testimony shall be available for examination by the person who produced such testimony or by a representative of that person authorized by that person to examine such transcripts.F\n\nAny attorney employed by the Office of the Attorney General designated to appear before any court, grand jury, or state agency in any case or proceeding may use any documentary material, answers to interrogatories, or transcripts of oral testimony in connection with any such case or proceeding as such attorney determines to be required. Upon the completion of any such case or proceeding, such attorney shall return to the custodian any such material, answers, or transcripts so delivered that have not passed into the control of the court, grand jury, or agency through introduction into the record of such case or proceeding.G\n\nIf any documentary material has been produced by any person in the course of any investigation pursuant to a civil investigative demand under this article, and (i) any case or proceeding before the court or grand jury arising out of such investigation, or any proceeding before any state agency involving such material, has been completed, or (ii) no case or proceeding in which such material may be used has been commenced within a reasonable time after completion of the examination and analysis of all documentary material and other information assembled in the course of such investigation, the Attorney General shall, upon written request of the person who produced such material, return to such person any material, other than copies furnished to the investigator, or made for the Attorney General that has not passed into the control of any court, grand jury, or agency through introduction into the record of such case or proceeding.","order_by":null,"text":{"0":{"id":277122,"text":"The Attorney General shall serve as custodian of documentary material, answers to interrogatories, and transcripts of oral testimony received under this article.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":277123,"text":"An investigator who receives any documentary material, answers to interrogatories, or transcripts of oral testimony under this section shall transmit them to the Attorney General. The Attorney General shall take physical possession of such material, answers, or transcripts and shall be responsible for the use made of them and for the return of documentary material.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":277124,"text":"The Attorney General may cause the preparation of such copies of documentary material, answers to interrogatories, or transcripts of oral testimony as may be required for official use by any investigator, or other officer or employee of the Attorney General or employee of the Department of State Police. Such material, answers, and transcripts may be used by any authorized investigator or other officer or employee in connection with the taking of oral testimony under this article.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":277125,"text":"Except as otherwise provided in this section, no documentary material, answers to interrogatories, or transcripts of oral testimony, or copies thereof, while in the possession of the Attorney General, shall be available for examination by any individual other than an investigator or other officer or employee of the Attorney General or employee of the Department of State Police authorized by the Attorney General. The prohibition on the availability of material, answers, or transcripts shall not apply if consent is given by the person who produced such material, answers, or transcripts, or, in the case of any product of discovery produced pursuant to an express demand for such material, consent is given by the person from whom the discovery was obtained. Nothing in this subsection is intended to prevent disclosure to the General Assembly, including any committee or subcommittee of the General Assembly, or to any other state agency for use by such agency in furtherance of its statutory responsibilities.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":277126,"text":"While in the possession of the Attorney General and under such reasonable terms and conditions as the Attorney General shall prescribe, (i) documentary material and answers to interrogatories shall be available for examination by the person who produced such material or answers, or by a representative of that person authorized by that person to examine such material and answers, and (ii) transcripts of oral testimony shall be available for examination by the person who produced such testimony or by a representative of that person authorized by that person to examine such transcripts.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":277127,"text":"Any attorney employed by the Office of the Attorney General designated to appear before any court, grand jury, or state agency in any case or proceeding may use any documentary material, answers to interrogatories, or transcripts of oral testimony in connection with any such case or proceeding as such attorney determines to be required. Upon the completion of any such case or proceeding, such attorney shall return to the custodian any such material, answers, or transcripts so delivered that have not passed into the control of the court, grand jury, or agency through introduction into the record of such case or proceeding.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":277128,"text":"If any documentary material has been produced by any person in the course of any investigation pursuant to a civil investigative demand under this article, and (i) any case or proceeding before the court or grand jury arising out of such investigation, or any proceeding before any state agency involving such material, has been completed, or (ii) no case or proceeding in which such material may be used has been commenced within a reasonable time after completion of the examination and analysis of all documentary material and other information assembled in the course of such investigation, the Attorney General shall, upon written request of the person who produced such material, return to such person any material, other than copies furnished to the investigator, or made for the Attorney General that has not passed into the control of any court, grand jury, or agency through introduction into the record of such case or proceeding.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-216.17\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapter 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. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2011, chapter 676<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":280329,"object_type":"law","relational_id":77256,"identifier":"8.01-216.17","token":"8.01\/3\/19.1\/8.01-216.17","url":"\/8.01-216.17\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-216.17\/","token":"8.01\/3\/19.1\/8.01-216.17","dublin_core":{"Title":"Civil investigative demands; custodian of documents; answers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-216.17","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Attorney General<\/span> shall serve as custodian of documentary material<\/span>, answers to interrogatories<\/span>, and transcripts<\/span> of oral testimony<\/span> received under this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An investigator who receives any documentary material<\/span>, answers to interrogatories<\/span>, or transcripts<\/span> of oral testimony<\/span> under this section shall transmit them to the Attorney General<\/span>. The Attorney General<\/span> shall take physical possession<\/span> of such material, answers, or transcripts<\/span> and shall be responsible for the use made of them and for the return of documentary material<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Attorney General<\/span> may cause the preparation of such copies of documentary material<\/span>, answers to interrogatories<\/span>, or transcripts<\/span> of oral testimony<\/span> as may be required for official use<\/span> by any investigator, or other officer or employee<\/span> of the Attorney General<\/span> or employee<\/span> of the Department of State Police. Such material, answers, and transcripts<\/span> may be used by any authorized investigator or other officer or employee<\/span> in connection with the taking of oral testimony<\/span> under this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Except as otherwise provided in this section, no documentary material<\/span>, answers to interrogatories<\/span>, or transcripts<\/span> of oral testimony<\/span>, or copies thereof, while in the possession<\/span> of the Attorney General<\/span>, shall be available for examination by any individual other than an investigator or other officer or employee<\/span> of the Attorney General<\/span> or employee<\/span> of the Department of State Police authorized by the Attorney General<\/span>. The prohibition on the availability of material, answers, or transcripts<\/span> shall not apply if consent is given by the person<\/span> who produced such material, answers, or transcripts<\/span>, or, in the case of any product of discovery<\/span> produced pursuant to an express demand for such material, consent is given by the person<\/span> from whom the discovery was obtained. Nothing in this subsection is intended to prevent disclosure to the General Assembly, including any committee or subcommittee of the General Assembly, or to any other state agency for use by such agency in furtherance of its statutory responsibilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> While in the possession<\/span> of the Attorney General<\/span> and under such reasonable terms and conditions as the Attorney General<\/span> shall prescribe, (i) documentary material<\/span> and answers to interrogatories<\/span> shall be available for examination by the person<\/span> who produced such material or answers, or by a representative of that person<\/span> authorized by that person<\/span> to examine such material and answers, and (ii) transcripts<\/span> of oral testimony<\/span> shall be available for examination by the person<\/span> who produced such testimony<\/span> or by a representative of that person<\/span> authorized by that person<\/span> to examine such transcripts<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any attorney employed by the Office of the Attorney General<\/span> designated to appear before any court<\/span>, grand jury<\/span>, or state agency in any case or proceeding may use any documentary material<\/span>, answers to interrogatories<\/span>, or transcripts<\/span> of oral testimony<\/span> in connection with any such case or proceeding as such attorney determines to be required. Upon the completion of any such case or proceeding, such attorney shall return to the custodian any such material, answers, or transcripts<\/span> so delivered that have not passed into the control of the court<\/span>, grand jury<\/span>, or agency through introduction into the record of such case or proceeding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If any documentary material<\/span> has been produced by any person<\/span> in the course of any investigation<\/span> pursuant to a civil investigative demand under this article, and (i) any case or proceeding before the court<\/span> or grand jury<\/span> arising out of such investigation<\/span>, or any proceeding before any state agency involving such material, has been completed, or (ii) no case or proceeding in which such material may be used has been commenced within a reasonable time after completion of the examination and analysis of all documentary material<\/span> and other information assembled in the course of such investigation<\/span>, the Attorney General<\/span> shall, upon written request of the person<\/span> who produced such material, return to such person<\/span> any material, other than copies furnished to the investigator, or made for the Attorney General<\/span> that has not passed into the control of any court<\/span>, grand jury<\/span>, or agency through introduction into the record of such case or proceeding. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCIVIL INVESTIGATIVE DEMANDS; CUSTODIAN OF DOCUMENTS; ANSWERS (\u00a7 8.01-216.17)\n\nA. The Attorney General shall serve as custodian of documentary material,\nanswers to interrogatories, and transcripts of oral testimony received under\nthis article.\n\nB. An investigator who receives any documentary material, answers to\ninterrogatories, or transcripts of oral testimony under this section shall\ntransmit them to the Attorney General. The Attorney General shall take physical\npossession of such material, answers, or transcripts and shall be responsible\nfor the use made of them and for the return of documentary material.\n\nC. The Attorney General may cause the preparation of such copies of documentary\nmaterial, answers to interrogatories, or transcripts of oral testimony as may be\nrequired for official use by any investigator, or other officer or employee of\nthe Attorney General or employee of the Department of State Police. Such\nmaterial, answers, and transcripts may be used by any authorized investigator or\nother officer or employee in connection with the taking of oral testimony under\nthis article.\n\nD. Except as otherwise provided in this section, no documentary material,\nanswers to interrogatories, or transcripts of oral testimony, or copies thereof,\nwhile in the possession of the Attorney General, shall be available for\nexamination by any individual other than an investigator or other officer or\nemployee of the Attorney General or employee of the Department of State Police\nauthorized by the Attorney General. The prohibition on the availability of\nmaterial, answers, or transcripts shall not apply if consent is given by the\nperson who produced such material, answers, or transcripts, or, in the case of\nany product of discovery produced pursuant to an express demand for such\nmaterial, consent is given by the person from whom the discovery was obtained.\nNothing in this subsection is intended to prevent disclosure to the General\nAssembly, including any committee or subcommittee of the General Assembly, or to\nany other state agency for use by such agency in furtherance of its statutory\nresponsibilities.\n\nE. While in the possession of the Attorney General and under such reasonable\nterms and conditions as the Attorney General shall prescribe, (i) documentary\nmaterial and answers to interrogatories shall be available for examination by\nthe person who produced such material or answers, or by a representative of that\nperson authorized by that person to examine such material and answers, and (ii)\ntranscripts of oral testimony shall be available for examination by the person\nwho produced such testimony or by a representative of that person authorized by\nthat person to examine such transcripts.\n\nF. Any attorney employed by the Office of the Attorney General designated to\nappear before any court, grand jury, or state agency in any case or proceeding\nmay use any documentary material, answers to interrogatories, or transcripts of\noral testimony in connection with any such case or proceeding as such attorney\ndetermines to be required. Upon the completion of any such case or proceeding,\nsuch attorney shall return to the custodian any such material, answers, or\ntranscripts so delivered that have not passed into the control of the court,\ngrand jury, or agency through introduction into the record of such case or\nproceeding.\n\nG. If any documentary material has been produced by any person in the course of\nany investigation pursuant to a civil investigative demand under this article,\nand (i) any case or proceeding before the court or grand jury arising out of\nsuch investigation, or any proceeding before any state agency involving such\nmaterial, has been completed, or (ii) no case or proceeding in which such\nmaterial may be used has been commenced within a reasonable time after\ncompletion of the examination and analysis of all documentary material and other\ninformation assembled in the course of such investigation, the Attorney General\nshall, upon written request of the person who produced such material, return to\nsuch person any material, other than copies furnished to the investigator, or\nmade for the Attorney General that has not passed into the control of any court,\ngrand jury, or agency through introduction into the record of such case or\nproceeding.\n\nHISTORY: 2002, c. 842; 2011, c. 676.","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}}