{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-216.18.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-216.18.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-216.18.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-216.18.html"}],"law_id":58226,"edition_id":1,"section_id":58226,"structure_id":14503,"section_number":"8.01-216.18","catch_line":"Civil investigative demands; judicial proceedings for noncompliance","history":"2002, c. 842.","full_text":"A\n\nWhenever any person fails to comply with any civil investigative demand issued under this article, or whenever satisfactory copying or reproduction of any material requested in such demand cannot be done and such person refuses to surrender the material, the Attorney General may file in the appropriate circuit court for the county or city in which such person resides, is found, or transacts business, and serve upon such person a petition for a court order for the enforcement of the civil investigative demand.B\n\nAny person who has received a civil investigative demand issued under this article may file, in the circuit court of any county or city within which such person resides, is found, or transacts business, and serve upon the investigator identified in such demand a petition for an order of the court to modify or set aside the demand. In the case of a petition addressed to an express demand for any product of discovery, a petition to modify or set aside such demand may be brought only in the circuit court of the county or city in which the proceeding in which such discovery was obtained is or was last pending. Any petition under this section shall be filed (i) within twenty-one days after the date of service of the civil investigative demand, or at any time before the return date specified in the demand, whichever date is earlier, or (ii) within such longer period as may be prescribed in writing by any investigator identified in the demand.C\n\nThe petition shall specify each ground upon which the petitioner relies in seeking relief, and may be based upon any failure of the demand to comply with the provisions of this article or upon any constitutional or other legal right or privilege of such person. During the pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the demand, in whole or in part, except that the person filing the petition shall comply with any portions of the demand not sought to be modified or set aside.D\n\nIn the case of any civil investigative demand issued under this article that is an express demand for any product of discovery, the person from whom such discovery was obtained may file, in the circuit court of the county or city in which the proceeding in which such discovery was obtained is or was last pending, and serve upon any investigator identified in the demand and upon the recipient of the demand a petition for a court order to modify or set aside those portions of the demand requiring production of any such product of discovery. Any petition under this subsection shall be filed (i) within twenty-one days after the date of service of the civil investigative demand or at any time before the return date specified in the demand, whichever date is earlier, or (ii) within such longer period as may be prescribed in writing by any investigator identified in the demand.E\n\nThe petition shall specify each ground upon which the petitioner relies in seeking relief and may be based upon any failure of the demand from which relief is sought to comply with the provisions of this article, or upon any constitutional or other legal right or privilege of the petitioner. During the pendency of the petition, the court may stay, as it deems proper, compliance with the demand and the running of the time allowed for compliance with the demand.F\n\nAt any time during which any custodian is in custody or control of any documentary material or answers to interrogatories produced, or transcripts of oral testimony given by any person in compliance with any civil investigative demand issued under this article, such person, and in the case of an express demand for any product of discovery, the person from whom such discovery was obtained, may file, in the circuit court of the county or city within which the office of such custodian is situated, and serve upon such custodian a petition for a court order to require the performance by the custodian of any duty imposed upon the custodian by this section. Whenever any petition is filed in any circuit court under this section, the court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry out the provisions of this section. Any final order so entered shall be subject to appeal in the same manner as appeals of other final orders in civil matters. Any disobedience of any final order entered under this section by any court shall be punished as contempt of the court.G\n\nAny documentary material, answers to written interrogatories, or oral testimony provided under any civil investigative demand issued under this article shall be exempt from disclosure under the Virginia Administrative Process Act (§ 2.2-4000 et seq.).","order_by":null,"text":{"0":{"id":213370,"text":"Whenever any person fails to comply with any civil investigative demand issued under this article, or whenever satisfactory copying or reproduction of any material requested in such demand cannot be done and such person refuses to surrender the material, the Attorney General may file in the appropriate circuit court for the county or city in which such person resides, is found, or transacts business, and serve upon such person a petition for a court order for the enforcement of the civil investigative demand.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":213371,"text":"Any person who has received a civil investigative demand issued under this article may file, in the circuit court of any county or city within which such person resides, is found, or transacts business, and serve upon the investigator identified in such demand a petition for an order of the court to modify or set aside the demand. In the case of a petition addressed to an express demand for any product of discovery, a petition to modify or set aside such demand may be brought only in the circuit court of the county or city in which the proceeding in which such discovery was obtained is or was last pending. Any petition under this section shall be filed (i) within twenty-one days after the date of service of the civil investigative demand, or at any time before the return date specified in the demand, whichever date is earlier, or (ii) within such longer period as may be prescribed in writing by any investigator identified in the demand.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":213372,"text":"The petition shall specify each ground upon which the petitioner relies in seeking relief, and may be based upon any failure of the demand to comply with the provisions of this article or upon any constitutional or other legal right or privilege of such person. During the pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the demand, in whole or in part, except that the person filing the petition shall comply with any portions of the demand not sought to be modified or set aside.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":213373,"text":"In the case of any civil investigative demand issued under this article that is an express demand for any product of discovery, the person from whom such discovery was obtained may file, in the circuit court of the county or city in which the proceeding in which such discovery was obtained is or was last pending, and serve upon any investigator identified in the demand and upon the recipient of the demand a petition for a court order to modify or set aside those portions of the demand requiring production of any such product of discovery. Any petition under this subsection shall be filed (i) within twenty-one days after the date of service of the civil investigative demand or at any time before the return date specified in the demand, whichever date is earlier, or (ii) within such longer period as may be prescribed in writing by any investigator identified in the demand.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":213374,"text":"The petition shall specify each ground upon which the petitioner relies in seeking relief and may be based upon any failure of the demand from which relief is sought to comply with the provisions of this article, or upon any constitutional or other legal right or privilege of the petitioner. During the pendency of the petition, the court may stay, as it deems proper, compliance with the demand and the running of the time allowed for compliance with the demand.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":213375,"text":"At any time during which any custodian is in custody or control of any documentary material or answers to interrogatories produced, or transcripts of oral testimony given by any person in compliance with any civil investigative demand issued under this article, such person, and in the case of an express demand for any product of discovery, the person from whom such discovery was obtained, may file, in the circuit court of the county or city within which the office of such custodian is situated, and serve upon such custodian a petition for a court order to require the performance by the custodian of any duty imposed upon the custodian by this section. Whenever any petition is filed in any circuit court under this section, the court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry out the provisions of this section. Any final order so entered shall be subject to appeal in the same manner as appeals of other final orders in civil matters. Any disobedience of any final order entered under this section by any court shall be punished as contempt of the court.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":213376,"text":"Any documentary material, answers to written interrogatories, or oral testimony provided under any civil investigative demand issued under this article shall be exempt from disclosure under the Virginia Administrative Process Act (§ 2.2-4000 et seq.).","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-216.18\/","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.<\/p>","references":false,"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"}],"permalink":{"id":280333,"object_type":"law","relational_id":58226,"identifier":"8.01-216.18","token":"8.01\/3\/19.1\/8.01-216.18","url":"\/8.01-216.18\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-216.18\/","token":"8.01\/3\/19.1\/8.01-216.18","dublin_core":{"Title":"Civil investigative demands; judicial proceedings for noncompliance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-216.18","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever any person<\/span> fails to comply with any civil investigative demand issued under this article, or whenever satisfactory copying or reproduction of any material<\/span> requested in such demand cannot be done and such person<\/span> refuses to surrender the material<\/span>, the Attorney General<\/span> may file in the appropriate circuit<\/span> court for the county or city in which such person<\/span> resides, is found, or transacts business, and serve upon such person<\/span> a petition<\/span> for a court order<\/span> for the enforcement of the civil investigative demand. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person<\/span> who has received a civil investigative demand issued under this article may file, in the circuit<\/span> court of any county or city within which such person<\/span> resides, is found, or transacts business, and serve upon the investigator identified in such demand a petition<\/span> for an order of the court to modify or set aside the demand. In the case of a petition<\/span> addressed to an express demand for any product of discovery<\/span>, a petition<\/span> to modify or set aside such demand may be brought only in the circuit<\/span> court of the county or city in which the proceeding in which such discovery was obtained is or was last pending. Any petition<\/span> under this section shall be filed (i) within twenty-one days after the date of service of the civil investigative demand, or at any time before the return date specified in the demand, whichever date is earlier, or (ii) within such longer period as may be prescribed in writing by any investigator identified in the demand. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The petition<\/span> shall specify each ground upon which the petitioner relies in seeking relief, and may be based upon any failure of the demand to comply with the provisions of this article or upon any constitutional or other legal right or privilege<\/span> of such person<\/span>. During the pendency of the petition<\/span> in the court, the court may stay<\/span>, as it deems proper, the running of the time allowed for compliance with the demand, in whole or in part, except that the person<\/span> filing the petition<\/span> shall comply with any portions of the demand not sought to be modified or set aside. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In the case of any civil investigative demand issued under this article that is an express demand for any product of discovery<\/span>, the person<\/span> from whom such discovery was obtained may file, in the circuit<\/span> court of the county or city in which the proceeding in which such discovery was obtained is or was last pending, and serve upon any investigator identified in the demand and upon the recipient of the demand a petition<\/span> for a court order<\/span> to modify or set aside those portions of the demand requiring production of any such product of discovery<\/span>. Any petition<\/span> under this subsection shall be filed (i) within twenty-one days after the date of service of the civil investigative demand or at any time before the return date specified in the demand, whichever date is earlier, or (ii) within such longer period as may be prescribed in writing by any investigator identified in the demand. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The petition<\/span> shall specify each ground upon which the petitioner relies in seeking relief and may be based upon any failure of the demand from which relief is sought to comply with the provisions of this article, or upon any constitutional or other legal right or privilege<\/span> of the petitioner. During the pendency of the petition<\/span>, the court may stay<\/span>, as it deems proper, compliance with the demand and the running of the time allowed for compliance with the demand. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> At any time during which any custodian is in custody<\/span> or control of any documentary material<\/span> or answers to interrogatories<\/span> produced, or transcripts<\/span> of oral testimony<\/span> given by any person<\/span> in compliance with any civil investigative demand issued under this article, such person<\/span>, and in the case of an express demand for any product of discovery<\/span>, the person<\/span> from whom such discovery was obtained, may file, in the circuit<\/span> court of the county or city within which the office of such custodian is situated, and serve upon such custodian a petition<\/span> for a court order<\/span> to require the performance by the custodian of any duty imposed upon the custodian by this section. Whenever any petition<\/span> is filed in any circuit<\/span> court under this section, the court shall have jurisdiction<\/span> to hear and determine the matter so presented, and to enter such order or orders as may be required to carry out the provisions of this section. Any final order<\/span> so entered shall be subject to appeal<\/span> in the same manner as appeals<\/span> of other final orders<\/span> in civil matters. Any disobedience of any final order<\/span> entered under this section by any court shall be punished as contempt<\/span> of the court. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any documentary material<\/span>, answers to written interrogatories<\/span>, or oral testimony<\/span> provided under any civil investigative demand issued under this article shall be exempt from disclosure under the Virginia Administrative Process Act (§ 2.2-4000<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCIVIL INVESTIGATIVE DEMANDS; JUDICIAL PROCEEDINGS FOR NONCOMPLIANCE (\u00a7\n8.01-216.18)\n\nA. Whenever any person fails to comply with any civil investigative demand\nissued under this article, or whenever satisfactory copying or reproduction of\nany material requested in such demand cannot be done and such person refuses to\nsurrender the material, the Attorney General may file in the appropriate circuit\ncourt for the county or city in which such person resides, is found, or\ntransacts business, and serve upon such person a petition for a court order for\nthe enforcement of the civil investigative demand.\n\nB. Any person who has received a civil investigative demand issued under this\narticle may file, in the circuit court of any county or city within which such\nperson resides, is found, or transacts business, and serve upon the investigator\nidentified in such demand a petition for an order of the court to modify or set\naside the demand. In the case of a petition addressed to an express demand for\nany product of discovery, a petition to modify or set aside such demand may be\nbrought only in the circuit court of the county or city in which the proceeding\nin which such discovery was obtained is or was last pending. Any petition under\nthis section shall be filed (i) within twenty-one days after the date of service\nof the civil investigative demand, or at any time before the return date\nspecified in the demand, whichever date is earlier, or (ii) within such longer\nperiod as may be prescribed in writing by any investigator identified in the\ndemand.\n\nC. The petition shall specify each ground upon which the petitioner relies in\nseeking relief, and may be based upon any failure of the demand to comply with\nthe provisions of this article or upon any constitutional or other legal right\nor privilege of such person. During the pendency of the petition in the court,\nthe court may stay, as it deems proper, the running of the time allowed for\ncompliance with the demand, in whole or in part, except that the person filing\nthe petition shall comply with any portions of the demand not sought to be\nmodified or set aside.\n\nD. In the case of any civil investigative demand issued under this article that\nis an express demand for any product of discovery, the person from whom such\ndiscovery was obtained may file, in the circuit court of the county or city in\nwhich the proceeding in which such discovery was obtained is or was last\npending, and serve upon any investigator identified in the demand and upon the\nrecipient of the demand a petition for a court order to modify or set aside\nthose portions of the demand requiring production of any such product of\ndiscovery. Any petition under this subsection shall be filed (i) within\ntwenty-one days after the date of service of the civil investigative demand or\nat any time before the return date specified in the demand, whichever date is\nearlier, or (ii) within such longer period as may be prescribed in writing by\nany investigator identified in the demand.\n\nE. The petition shall specify each ground upon which the petitioner relies in\nseeking relief and may be based upon any failure of the demand from which relief\nis sought to comply with the provisions of this article, or upon any\nconstitutional or other legal right or privilege of the petitioner. During the\npendency of the petition, the court may stay, as it deems proper, compliance\nwith the demand and the running of the time allowed for compliance with the\ndemand.\n\nF. At any time during which any custodian is in custody or control of any\ndocumentary material or answers to interrogatories produced, or transcripts of\noral testimony given by any person in compliance with any civil investigative\ndemand issued under this article, such person, and in the case of an express\ndemand for any product of discovery, the person from whom such discovery was\nobtained, may file, in the circuit court of the county or city within which the\noffice of such custodian is situated, and serve upon such custodian a petition\nfor a court order to require the performance by the custodian of any duty\nimposed upon the custodian by this section. Whenever any petition is filed in\nany circuit court under this section, the court shall have jurisdiction to hear\nand determine the matter so presented, and to enter such order or orders as may\nbe required to carry out the provisions of this section. Any final order so\nentered shall be subject to appeal in the same manner as appeals of other final\norders in civil matters. Any disobedience of any final order entered under this\nsection by any court shall be punished as contempt of the court.\n\nG. Any documentary material, answers to written interrogatories, or oral\ntestimony provided under any civil investigative demand issued under this\narticle shall be exempt from disclosure under the Virginia Administrative\nProcess Act (§ 2.2-4000 et seq.).\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}}