{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-216.6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-216.6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-216.6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-216.6.html"}],"law_id":75094,"edition_id":1,"section_id":75094,"structure_id":14503,"section_number":"8.01-216.6","catch_line":"Rights of private plaintiff and Commonwealth","history":"2002, c. 842; 2007, c. 569.","full_text":"A\n\nIf the Commonwealth proceeds with the action, it shall have the primary responsibility for prosecuting the action, and shall not be bound by an act of the person bringing the action. Such person shall have the right to continue as a party to the action, subject to the limitations of this section.B\n\nThe Commonwealth may dismiss the action notwithstanding the objections of the person initiating the action if the person has been notified by the Commonwealth of the filing of the complaint and the court has provided the person with an opportunity for a hearing on the complaint.C\n\nThe Commonwealth may settle the action with the defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera. The Commonwealth may, for good cause shown, move the court for a partial lifting of the seal to facilitate the investigative process or settlement.D\n\nUpon a showing by the Commonwealth that unrestricted participation during the course of the litigation by the person initiating the action would interfere with or unduly delay the Commonwealth&#8217;s prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person&#8217;s participation, such as (i) limiting the number of witnesses the person may call; (ii) limiting the length of the testimony of such witnesses; (iii) limiting the person&#8217;s cross-examination of witnesses; and (iv) otherwise limiting the participation by the person in the litigation.E\n\nUpon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation.F\n\nIf the Commonwealth elects not to proceed with the action, the person who initiated the action shall have the right to conduct the action. If the Commonwealth so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts at the Commonwealth&#8217;s expense. When a person proceeds with the action, the court, without limiting the status and rights of the person initiating the action, may nevertheless permit the Commonwealth to intervene at a later date upon a showing of good cause.G\n\nWhether or not the Commonwealth proceeds with the action, upon a showing by the Commonwealth that certain actions of discovery by the person initiating the action would interfere with the Commonwealth&#8217;s investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than sixty days. Such a showing shall be conducted in camera. The court may extend the sixty-day period upon a further showing in camera that the Commonwealth has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings.H\n\nNotwithstanding the provisions of subsection B of &#xA7; 8.01-216.5, the Commonwealth may elect to pursue its claim through any alternate remedy available to the Commonwealth, including any administrative proceeding to determine a civil money penalty. If any such alternate remedy is pursued in another proceeding, the person initiating the action shall have the same rights in such proceeding as such person would have had if the action had continued under this section. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to an action under this article. For purposes of this subsection, a finding or conclusion is final if it has been finally determined on appeal to a court of competent jurisdiction of the Commonwealth, if the time for filing an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.","order_by":null,"text":{"0":{"id":269722,"text":"If the Commonwealth proceeds with the action, it shall have the primary responsibility for prosecuting the action, and shall not be bound by an act of the person bringing the action. Such person shall have the right to continue as a party to the action, subject to the limitations of this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":269723,"text":"The Commonwealth may dismiss the action notwithstanding the objections of the person initiating the action if the person has been notified by the Commonwealth of the filing of the complaint and the court has provided the person with an opportunity for a hearing on the complaint.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":269724,"text":"The Commonwealth may settle the action with the defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera. The Commonwealth may, for good cause shown, move the court for a partial lifting of the seal to facilitate the investigative process or settlement.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":269725,"text":"Upon a showing by the Commonwealth that unrestricted participation during the course of the litigation by the person initiating the action would interfere with or unduly delay the Commonwealth&#8217;s prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person&#8217;s participation, such as (i) limiting the number of witnesses the person may call; (ii) limiting the length of the testimony of such witnesses; (iii) limiting the person&#8217;s cross-examination of witnesses; and (iv) otherwise limiting the participation by the person in the litigation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":269726,"text":"Upon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":269727,"text":"If the Commonwealth elects not to proceed with the action, the person who initiated the action shall have the right to conduct the action. If the Commonwealth so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts at the Commonwealth&#8217;s expense. When a person proceeds with the action, the court, without limiting the status and rights of the person initiating the action, may nevertheless permit the Commonwealth to intervene at a later date upon a showing of good cause.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":269728,"text":"Whether or not the Commonwealth proceeds with the action, upon a showing by the Commonwealth that certain actions of discovery by the person initiating the action would interfere with the Commonwealth&#8217;s investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than sixty days. Such a showing shall be conducted in camera. The court may extend the sixty-day period upon a further showing in camera that the Commonwealth has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":269729,"text":"Notwithstanding the provisions of subsection B of &#xA7; 8.01-216.5, the Commonwealth may elect to pursue its claim through any alternate remedy available to the Commonwealth, including any administrative proceeding to determine a civil money penalty. If any such alternate remedy is pursued in another proceeding, the person initiating the action shall have the same rights in such proceeding as such person would have had if the action had continued under this section. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to an action under this article. For purposes of this subsection, a finding or conclusion is final if it has been finally determined on appeal to a court of competent jurisdiction of the Commonwealth, if the time for filing an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-216.6\/","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. 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 <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0569\">569<\/a>.<\/p>","references":false,"refers_to":[{"id":55916,"section_number":"8.01-216.5","catch_line":"Civil actions filed by private persons; Commonwealth may intervene","order_by":null,"url":"\/8.01-216.5\/"}],"permalink":{"id":280357,"object_type":"law","relational_id":75094,"identifier":"8.01-216.6","token":"8.01\/3\/19.1\/8.01-216.6","url":"\/8.01-216.6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-216.6\/","token":"8.01\/3\/19.1\/8.01-216.6","dublin_core":{"Title":"Rights of private plaintiff and Commonwealth","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-216.6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> If the <span class=\"dictionary\">Commonwealth<\/span> proceeds with the <span class=\"dictionary\">action<\/span>, it shall have the primary responsibility for prosecuting the <span class=\"dictionary\">action<\/span>, and shall not be bound by an act of the <span class=\"dictionary\">person<\/span> bringing the <span class=\"dictionary\">action<\/span>. Such <span class=\"dictionary\">person<\/span> shall have the right to continue as a <span class=\"dictionary\">party<\/span> to the <span class=\"dictionary\">action<\/span>, subject to the limitations of this section. <a id=\"paragraph-269722\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-216.6\/#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 <span class=\"dictionary\">Commonwealth<\/span> may dismiss the <span class=\"dictionary\">action<\/span> notwithstanding the objections of the <span class=\"dictionary\">person<\/span> initiating the <span class=\"dictionary\">action<\/span> if the <span class=\"dictionary\">person<\/span> has been notified by the <span class=\"dictionary\">Commonwealth<\/span> of the filing of the complaint and the <span class=\"dictionary\">court<\/span> has provided the <span class=\"dictionary\">person<\/span> with an opportunity for a <span class=\"dictionary\">hearing<\/span> on the complaint. <a id=\"paragraph-269723\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-216.6\/#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 <span class=\"dictionary\">Commonwealth<\/span> may settle the <span class=\"dictionary\">action<\/span> with the <span class=\"dictionary\">defendant<\/span> notwithstanding the objections of the <span class=\"dictionary\">person<\/span> initiating the <span class=\"dictionary\">action<\/span> if the <span class=\"dictionary\">court<\/span> determines, after a <span class=\"dictionary\">hearing<\/span>, that the proposed <span class=\"dictionary\">settlement<\/span> is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such <span class=\"dictionary\">hearing<\/span> may be held <span class=\"dictionary\">in camera<\/span>. The <span class=\"dictionary\">Commonwealth<\/span> may, for good cause shown, move the <span class=\"dictionary\">court<\/span> for a partial lifting of the seal to facilitate the investigative process or <span class=\"dictionary\">settlement<\/span>. <a id=\"paragraph-269724\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-216.6\/#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> Upon a showing by the <span class=\"dictionary\">Commonwealth<\/span> that unrestricted participation during the course of the <span class=\"dictionary\">litigation<\/span> by the <span class=\"dictionary\">person<\/span> initiating the <span class=\"dictionary\">action<\/span> would interfere with or unduly delay the <span class=\"dictionary\">Commonwealth<\/span>&#8217;s <span class=\"dictionary\">prosecution<\/span> of the case, or would be repetitious, irrelevant, or for purposes of harassment, the <span class=\"dictionary\">court<\/span> may, in its discretion, impose limitations on the <span class=\"dictionary\">person<\/span>&#8217;s participation, such as (i) limiting the number of witnesses the <span class=\"dictionary\">person<\/span> may call; (ii) limiting the length of the <span class=\"dictionary\">testimony<\/span> of such witnesses; (iii) limiting the <span class=\"dictionary\">person<\/span>&#8217;s cross-examination of witnesses; and (iv) otherwise limiting the participation by the <span class=\"dictionary\">person<\/span> in the <span class=\"dictionary\">litigation<\/span>. <a id=\"paragraph-269725\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-216.6\/#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> Upon a showing by the <span class=\"dictionary\">defendant<\/span> that unrestricted participation during the course of the <span class=\"dictionary\">litigation<\/span> by the <span class=\"dictionary\">person<\/span> initiating the <span class=\"dictionary\">action<\/span> would be for purposes of harassment or would cause the <span class=\"dictionary\">defendant<\/span> undue burden or unnecessary expense, the <span class=\"dictionary\">court<\/span> may limit the participation by the <span class=\"dictionary\">person<\/span> in the <span class=\"dictionary\">litigation<\/span>. <a id=\"paragraph-269726\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-216.6\/#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> If the <span class=\"dictionary\">Commonwealth<\/span> elects not to proceed with the <span class=\"dictionary\">action<\/span>, the <span class=\"dictionary\">person<\/span> who initiated the <span class=\"dictionary\">action<\/span> shall have the right to conduct the <span class=\"dictionary\">action<\/span>. If the <span class=\"dictionary\">Commonwealth<\/span> so requests, it shall be served with copies of all <span class=\"dictionary\">pleadings<\/span> filed in the <span class=\"dictionary\">action<\/span> and shall be supplied with copies of all <span class=\"dictionary\">deposition<\/span> <span class=\"dictionary\">transcripts<\/span> at the <span class=\"dictionary\">Commonwealth<\/span>&#8217;s expense. When a <span class=\"dictionary\">person<\/span> proceeds with the <span class=\"dictionary\">action<\/span>, the <span class=\"dictionary\">court<\/span>, without limiting the status and rights of the <span class=\"dictionary\">person<\/span> initiating the <span class=\"dictionary\">action<\/span>, may nevertheless permit the <span class=\"dictionary\">Commonwealth<\/span> to intervene at a later date upon a showing of good cause. <a id=\"paragraph-269727\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-216.6\/#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> Whether or not the <span class=\"dictionary\">Commonwealth<\/span> proceeds with the action, upon a showing by the <span class=\"dictionary\">Commonwealth<\/span> that certain <span class=\"dictionary\">actions<\/span> of <span class=\"dictionary\">discovery<\/span> by the <span class=\"dictionary\">person<\/span> initiating the action would interfere with the <span class=\"dictionary\">Commonwealth<\/span>&#8217;s <span class=\"dictionary\">investigation<\/span> or <span class=\"dictionary\">prosecution<\/span> of a criminal or civil matter arising out of the same <span class=\"dictionary\">facts<\/span>, the <span class=\"dictionary\">court<\/span> may <span class=\"dictionary\">stay<\/span> such <span class=\"dictionary\">discovery<\/span> for a period of not more than sixty days. Such a showing shall be conducted <span class=\"dictionary\">in camera<\/span>. The <span class=\"dictionary\">court<\/span> may extend the sixty-day period upon a further showing <span class=\"dictionary\">in camera<\/span> that the <span class=\"dictionary\">Commonwealth<\/span> has pursued the criminal or civil <span class=\"dictionary\">investigation<\/span> or proceedings with reasonable diligence and any proposed <span class=\"dictionary\">discovery<\/span> in the <span class=\"dictionary\">civil action<\/span> will interfere with the ongoing criminal or civil <span class=\"dictionary\">investigation<\/span> or proceedings. <a id=\"paragraph-269728\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-216.6\/#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> Notwithstanding the provisions of subsection B of &#xA7; <a class=\"law\" title=\"Civil actions filed by private persons; Commonwealth may intervene\" href=\"\/8.01-216.5\/\">8.01-216.5<\/a>, the <span class=\"dictionary\">Commonwealth<\/span> may elect to pursue its <span class=\"dictionary\">claim<\/span> through any alternate remedy available to the <span class=\"dictionary\">Commonwealth<\/span>, including any administrative proceeding to determine a civil money <span class=\"dictionary\">penalty<\/span>. If any such alternate remedy is pursued in another proceeding, the <span class=\"dictionary\">person<\/span> initiating the action shall have the same rights in such proceeding as such <span class=\"dictionary\">person<\/span> would have had if the action had continued under this section. Any <span class=\"dictionary\">finding<\/span> of <span class=\"dictionary\">fact<\/span> or conclusion of <span class=\"dictionary\">law<\/span> made in such other proceeding that has become final shall be conclusive on all parties to an action under this article. For purposes of this subsection, a <span class=\"dictionary\">finding<\/span> or conclusion is final if it has been finally determined on <span class=\"dictionary\">appeal<\/span> to a <span class=\"dictionary\">court<\/span> of competent <span class=\"dictionary\">jurisdiction<\/span> of the <span class=\"dictionary\">Commonwealth<\/span>, if the time for filing an <span class=\"dictionary\">appeal<\/span> with respect to the <span class=\"dictionary\">finding<\/span> or conclusion has expired, or if the <span class=\"dictionary\">finding<\/span> or conclusion is not subject to judicial review. <a id=\"paragraph-269729\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-216.6\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nRIGHTS OF PRIVATE PLAINTIFF AND COMMONWEALTH (\u00a7 8.01-216.6)\n\nA. If the Commonwealth proceeds with the action, it shall have the primary\nresponsibility for prosecuting the action, and shall not be bound by an act of\nthe person bringing the action. Such person shall have the right to continue as\na party to the action, subject to the limitations of this section.\n\nB. The Commonwealth may dismiss the action notwithstanding the objections of the\nperson initiating the action if the person has been notified by the Commonwealth\nof the filing of the complaint and the court has provided the person with an\nopportunity for a hearing on the complaint.\n\nC. The Commonwealth may settle the action with the defendant notwithstanding the\nobjections of the person initiating the action if the court determines, after a\nhearing, that the proposed settlement is fair, adequate, and reasonable under\nall the circumstances. Upon a showing of good cause, such hearing may be held in\ncamera. The Commonwealth may, for good cause shown, move the court for a partial\nlifting of the seal to facilitate the investigative process or settlement.\n\nD. Upon a showing by the Commonwealth that unrestricted participation during the\ncourse of the litigation by the person initiating the action would interfere\nwith or unduly delay the Commonwealth&#8217;s prosecution of the case, or would\nbe repetitious, irrelevant, or for purposes of harassment, the court may, in its\ndiscretion, impose limitations on the person&#8217;s participation, such as (i)\nlimiting the number of witnesses the person may call; (ii) limiting the length\nof the testimony of such witnesses; (iii) limiting the person&#8217;s\ncross-examination of witnesses; and (iv) otherwise limiting the participation by\nthe person in the litigation.\n\nE. Upon a showing by the defendant that unrestricted participation during the\ncourse of the litigation by the person initiating the action would be for\npurposes of harassment or would cause the defendant undue burden or unnecessary\nexpense, the court may limit the participation by the person in the litigation.\n\nF. If the Commonwealth elects not to proceed with the action, the person who\ninitiated the action shall have the right to conduct the action. If the\nCommonwealth so requests, it shall be served with copies of all pleadings filed\nin the action and shall be supplied with copies of all deposition transcripts at\nthe Commonwealth&#8217;s expense. When a person proceeds with the action, the\ncourt, without limiting the status and rights of the person initiating the\naction, may nevertheless permit the Commonwealth to intervene at a later date\nupon a showing of good cause.\n\nG. Whether or not the Commonwealth proceeds with the action, upon a showing by\nthe Commonwealth that certain actions of discovery by the person initiating the\naction would interfere with the Commonwealth&#8217;s investigation or\nprosecution of a criminal or civil matter arising out of the same facts, the\ncourt may stay such discovery for a period of not more than sixty days. Such a\nshowing shall be conducted in camera. The court may extend the sixty-day period\nupon a further showing in camera that the Commonwealth has pursued the criminal\nor civil investigation or proceedings with reasonable diligence and any proposed\ndiscovery in the civil action will interfere with the ongoing criminal or civil\ninvestigation or proceedings.\n\nH. Notwithstanding the provisions of subsection B of &#xA7; 8.01-216.5, the\nCommonwealth may elect to pursue its claim through any alternate remedy\navailable to the Commonwealth, including any administrative proceeding to\ndetermine a civil money penalty. If any such alternate remedy is pursued in\nanother proceeding, the person initiating the action shall have the same rights\nin such proceeding as such person would have had if the action had continued\nunder this section. Any finding of fact or conclusion of law made in such other\nproceeding that has become final shall be conclusive on all parties to an action\nunder this article. For purposes of this subsection, a finding or conclusion is\nfinal if it has been finally determined on appeal to a court of competent\njurisdiction of the Commonwealth, if the time for filing an appeal with respect\nto the finding or conclusion has expired, or if the finding or conclusion is not\nsubject to judicial review.\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}}