{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-216.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-216.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-216.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-216.5.html"}],"law_id":55916,"edition_id":1,"section_id":55916,"structure_id":14503,"section_number":"8.01-216.5","catch_line":"Civil actions filed by private persons; Commonwealth may intervene","history":"2002, c. 842; 2007, c. 569.","full_text":"A\n\nA person may bring a civil action for a violation of § 8.01-216.3 for the person and for the Commonwealth. The action shall be brought in the name of the Commonwealth. The action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting.B\n\nA copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Commonwealth. The complaint shall be filed in camera, shall remain under seal for at least 120 days, and shall not be served on the defendant until the court so orders. The Commonwealth may elect to intervene and proceed with the action within 120 days after it receives both the complaint and the material evidence and information.C\n\nThe Commonwealth may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal. Any such motions may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any motion for judgment filed under this section until twenty-one days after the complaint is unsealed and served upon the defendant.D\n\nBefore the expiration of the 120-day period or any extensions obtained under subsection C, the Commonwealth shall proceed with the action, in which case the action shall be conducted by the Commonwealth, or notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to prosecute the action.E\n\nWhen a person brings an action under this section, no person other than the Commonwealth may intervene or bring a related action based on the facts underlying the pending action.","order_by":null,"text":{"0":{"id":204837,"text":"A person may bring a civil action for a violation of § 8.01-216.3 for the person and for the Commonwealth. The action shall be brought in the name of the Commonwealth. The action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":204838,"text":"A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Commonwealth. The complaint shall be filed in camera, shall remain under seal for at least 120 days, and shall not be served on the defendant until the court so orders. The Commonwealth may elect to intervene and proceed with the action within 120 days after it receives both the complaint and the material evidence and information.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":204839,"text":"The Commonwealth may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal. Any such motions may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any motion for judgment filed under this section until twenty-one days after the complaint is unsealed and served upon the defendant.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":204840,"text":"Before the expiration of the 120-day period or any extensions obtained under subsection C, the Commonwealth shall proceed with the action, in which case the action shall be conducted by the Commonwealth, or notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to prosecute the action.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":204841,"text":"When a person brings an action under this section, no person other than the Commonwealth may intervene or bring a related action based on the facts underlying the pending action.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-216.5\/","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 2007, chapter 569<\/a>.<\/p>","references":[{"id":70864,"section_number":"2.2-3011","catch_line":"Discrimination and retaliatory actions against whistle blowers prohibited; good faith required; remedies","order_by":null,"url":"\/2.2-3011\/"},{"id":75094,"section_number":"8.01-216.6","catch_line":"Rights of private plaintiff and Commonwealth","order_by":null,"url":"\/8.01-216.6\/"},{"id":58483,"section_number":"8.01-216.7","catch_line":"Award to private plaintiff","order_by":null,"url":"\/8.01-216.7\/"},{"id":75318,"section_number":"8.01-216.8","catch_line":"Certain actions barred; relief from employment discrimination; waiver of sovereign immunity","order_by":null,"url":"\/8.01-216.8\/"},{"id":66313,"section_number":"8.01-216.9","catch_line":"Procedure; statute of limitations","order_by":null,"url":"\/8.01-216.9\/"}],"refers_to":[{"id":86532,"section_number":"8.01-216.3","catch_line":"False claims; civil penalty","order_by":null,"url":"\/8.01-216.3\/"}],"permalink":{"id":280353,"object_type":"law","relational_id":55916,"identifier":"8.01-216.5","token":"8.01\/3\/19.1\/8.01-216.5","url":"\/8.01-216.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-216.5\/","token":"8.01\/3\/19.1\/8.01-216.5","dublin_core":{"Title":"Civil actions filed by private persons; Commonwealth may intervene","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-216.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A person<\/span> may bring a civil action<\/span> for a violation of § 8.01-216.3<\/a> for the person<\/span> and for the Commonwealth<\/span>. The action shall be brought in the name of the Commonwealth<\/span>. The action may be dismissed only if the court<\/span> and the Attorney General<\/span> give written consent to the dismissal<\/span> and their reasons for consenting. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A copy of the complaint and written disclosure of substantially all material<\/span> evidence<\/span> and information the person<\/span> possesses shall be served on the Commonwealth<\/span>. The complaint shall be filed in camera<\/span>, shall remain under seal for at least 120 days, and shall not be served on the defendant<\/span> until the court<\/span> so orders<\/span>. The Commonwealth<\/span> may elect to intervene and proceed with the action within 120 days after it receives both the complaint and the material<\/span> evidence<\/span> and information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commonwealth<\/span> may, for good cause shown, move the court<\/span> for extensions of the time during which the complaint remains under seal. Any such motions<\/span> may be supported by affidavits<\/span> or other submissions in camera<\/span>. The defendant<\/span> shall not be required to respond to any motion for judgment<\/span> filed under this section until twenty-one days after the complaint is unsealed and served upon the defendant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Before the expiration of the 120-day period or any extensions obtained under subsection C, the Commonwealth<\/span> shall proceed with the action, in which case the action shall be conducted by the Commonwealth<\/span>, or notify the court<\/span> that it declines to take over the action, in which case the person<\/span> bringing the action shall have the right to prosecute<\/span> the action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> When a person<\/span> brings an action under this section, no person<\/span> other than the Commonwealth<\/span> may intervene or bring a related action based on the facts<\/span> underlying the pending action. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCIVIL ACTIONS FILED BY PRIVATE PERSONS; COMMONWEALTH MAY INTERVENE (\u00a7\n8.01-216.5)\n\nA. A person may bring a civil action for a violation of § 8.01-216.3 for\nthe person and for the Commonwealth. The action shall be brought in the name of\nthe Commonwealth. The action may be dismissed only if the court and the Attorney\nGeneral give written consent to the dismissal and their reasons for consenting.\n\nB. A copy of the complaint and written disclosure of substantially all material\nevidence and information the person possesses shall be served on the\nCommonwealth. The complaint shall be filed in camera, shall remain under seal\nfor at least 120 days, and shall not be served on the defendant until the court\nso orders. The Commonwealth may elect to intervene and proceed with the action\nwithin 120 days after it receives both the complaint and the material evidence\nand information.\n\nC. The Commonwealth may, for good cause shown, move the court for extensions of\nthe time during which the complaint remains under seal. Any such motions may be\nsupported by affidavits or other submissions in camera. The defendant shall not\nbe required to respond to any motion for judgment filed under this section until\ntwenty-one days after the complaint is unsealed and served upon the defendant.\n\nD. Before the expiration of the 120-day period or any extensions obtained under\nsubsection C, the Commonwealth shall proceed with the action, in which case the\naction shall be conducted by the Commonwealth, or notify the court that it\ndeclines to take over the action, in which case the person bringing the action\nshall have the right to prosecute the action.\n\nE. When a person brings an action under this section, no person other than the\nCommonwealth may intervene or bring a related action based on the facts\nunderlying the pending action.\n\nHISTORY: 2002, c. 842; 2007, c. 569.","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}}