{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-216.9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-216.9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-216.9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-216.9.html"}],"law_id":66313,"edition_id":1,"section_id":66313,"structure_id":14503,"section_number":"8.01-216.9","catch_line":"Procedure; statute of limitations","history":"2002, c. 842; 2007, c. 569; 2011, c. 676.","full_text":"A subpoena requiring the attendance of a witness at a trial or hearing conducted under this article may be served at any place in the Commonwealth.\n\t\tA civil action under \u00a7 8.01-216.4 or 8.01-216.5 may not be brought (i) more than six years after the date on which the violation is committed or (ii) more than three years after the date when facts material to the right of action are known or reasonably should have been known by the official of the Commonwealth charged with responsibility to act in the circumstances, but in that event no more than ten years after the date on which the violation is committed, whichever occurs last.\n\t\tIf the Commonwealth elects to intervene and proceed with an action brought under \u00a7 8.01-216.5, the Commonwealth may file its own complaint or amend the complaint of a person who has brought an action under \u00a7 8.01-216.5 to clarify or add detail to any claim in which the Commonwealth is intervening and to add any additional claim for which the Commonwealth contends it is entitled to relief. Any complaint filed by the Commonwealth pursuant to this paragraph shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the Commonwealth arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in such person&#8217;s complaint.\n\t\tIn any action brought under \u00a7 8.01-216.4 or 8.01-216.5, the Commonwealth shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.\n\t\tNotwithstanding any other provision of law, a final judgment rendered in favor of the Commonwealth in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action that involves the same transaction as in the criminal proceeding and which is brought under \u00a7 8.01-216.4 or 8.01-216.5.","order_by":null,"text":{"0":{"id":240784,"text":"A subpoena requiring the attendance of a witness at a trial or hearing conducted under this article may be served at any place in the Commonwealth.\n\t\tA civil action under \u00a7 8.01-216.4 or 8.01-216.5 may not be brought (i) more than six years after the date on which the violation is committed or (ii) more than three years after the date when facts material to the right of action are known or reasonably should have been known by the official of the Commonwealth charged with responsibility to act in the circumstances, but in that event no more than ten years after the date on which the violation is committed, whichever occurs last.\n\t\tIf the Commonwealth elects to intervene and proceed with an action brought under \u00a7 8.01-216.5, the Commonwealth may file its own complaint or amend the complaint of a person who has brought an action under \u00a7 8.01-216.5 to clarify or add detail to any claim in which the Commonwealth is intervening and to add any additional claim for which the Commonwealth contends it is entitled to relief. Any complaint filed by the Commonwealth pursuant to this paragraph shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the Commonwealth arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in such person&#8217;s complaint.\n\t\tIn any action brought under \u00a7 8.01-216.4 or 8.01-216.5, the Commonwealth shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.\n\t\tNotwithstanding any other provision of law, a final judgment rendered in favor of the Commonwealth in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action that involves the same transaction as in the criminal proceeding and which is brought under \u00a7 8.01-216.4 or 8.01-216.5.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-216.9\/","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 2 times. 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. Those modifications are as follows: in 2007, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0569\">569<\/a>; in 2011, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0676\">676<\/a>.<\/p>","references":false,"refers_to":[{"id":84880,"section_number":"8.01-216.4","catch_line":"Attorney General; investigation, civil action","order_by":null,"url":"\/8.01-216.4\/"},{"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":280369,"object_type":"law","relational_id":66313,"identifier":"8.01-216.9","token":"8.01\/3\/19.1\/8.01-216.9","url":"\/8.01-216.9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-216.9\/","token":"8.01\/3\/19.1\/8.01-216.9","dublin_core":{"Title":"Procedure; statute of limitations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-216.9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>A <span class=\"dictionary\">subpoena<\/span> requiring the attendance of a <span class=\"dictionary\">witness<\/span> at a <span class=\"dictionary\">trial<\/span> or <span class=\"dictionary\">hearing<\/span> conducted under this article may be served at any place in the <span class=\"dictionary\">Commonwealth<\/span>.\n\t\tA <span class=\"dictionary\">civil action<\/span> under \u00a7&nbsp;<a class=\"law\" title=\"Attorney General; investigation, civil action\" href=\"\/8.01-216.4\/\">8.01-216.4<\/a> or <a class=\"law\" title=\"Civil actions filed by private persons; Commonwealth may intervene\" href=\"\/8.01-216.5\/\">8.01-216.5<\/a> may not be brought (i) more than six years after the date on which the violation is committed or (ii) more than three years after the date when <span class=\"dictionary\">facts<\/span> <span class=\"dictionary\">material<\/span> to the right of action are known or reasonably should have been known by the official of the <span class=\"dictionary\">Commonwealth<\/span> charged with responsibility to act in the circumstances, but in that event no more than ten years after the date on which the violation is committed, whichever occurs last.\n\t\tIf the <span class=\"dictionary\">Commonwealth<\/span> elects to intervene and proceed with an action brought under \u00a7&nbsp;<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 file its own complaint or <span class=\"dictionary\">amend<\/span> the complaint of a <span class=\"dictionary\">person<\/span> who has brought an action under \u00a7&nbsp;<a class=\"law\" title=\"Civil actions filed by private persons; Commonwealth may intervene\" href=\"\/8.01-216.5\/\">8.01-216.5<\/a> to clarify or add detail to any <span class=\"dictionary\">claim<\/span> in which the <span class=\"dictionary\">Commonwealth<\/span> is intervening and to add any additional <span class=\"dictionary\">claim<\/span> for which the <span class=\"dictionary\">Commonwealth<\/span> contends it is entitled to relief. Any complaint filed by the <span class=\"dictionary\">Commonwealth<\/span> pursuant to this paragraph shall relate back to the filing date of the complaint of the <span class=\"dictionary\">person<\/span> who originally brought the action, to the extent that the <span class=\"dictionary\">claim<\/span> of the <span class=\"dictionary\">Commonwealth<\/span> arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in such <span class=\"dictionary\">person<\/span>&#8217;s complaint.\n\t\tIn any action brought under \u00a7&nbsp;<a class=\"law\" title=\"Attorney General; investigation, civil action\" href=\"\/8.01-216.4\/\">8.01-216.4<\/a> or <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> shall be required to prove all essential elements of the <span class=\"dictionary\">cause of action<\/span>, including <span class=\"dictionary\">damages<\/span>, by a <span class=\"dictionary\">preponderance of the evidence<\/span>.\n\t\tNotwithstanding any other provision of <span class=\"dictionary\">law<\/span>, a final <span class=\"dictionary\">judgment<\/span> rendered in favor of the <span class=\"dictionary\">Commonwealth<\/span> in any criminal proceeding charging <span class=\"dictionary\">fraud<\/span> or false statements, whether upon a <span class=\"dictionary\">verdict<\/span> after <span class=\"dictionary\">trial<\/span> or upon a <span class=\"dictionary\">plea<\/span> of guilty or <span class=\"dictionary\">nolo contendere<\/span>, shall estop the <span class=\"dictionary\">defendant<\/span> from denying the essential elements of the <span class=\"dictionary\">offense<\/span> in any action that involves the same transaction as in the criminal proceeding and which is brought under \u00a7&nbsp;<a class=\"law\" title=\"Attorney General; investigation, civil action\" href=\"\/8.01-216.4\/\">8.01-216.4<\/a> or <a class=\"law\" title=\"Civil actions filed by private persons; Commonwealth may intervene\" href=\"\/8.01-216.5\/\">8.01-216.5<\/a>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPROCEDURE; STATUTE OF LIMITATIONS (\u00a7 8.01-216.9)\n\nA subpoena requiring the attendance of a witness at a trial or hearing conducted\nunder this article may be served at any place in the Commonwealth.\n\t\tA civil action under \u00a7 8.01-216.4 or 8.01-216.5 may not be brought (i) more\nthan six years after the date on which the violation is committed or (ii) more\nthan three years after the date when facts material to the right of action are\nknown or reasonably should have been known by the official of the Commonwealth\ncharged with responsibility to act in the circumstances, but in that event no\nmore than ten years after the date on which the violation is committed,\nwhichever occurs last.\n\t\tIf the Commonwealth elects to intervene and proceed with an action brought\nunder \u00a7 8.01-216.5, the Commonwealth may file its own complaint or amend the\ncomplaint of a person who has brought an action under \u00a7 8.01-216.5 to clarify\nor add detail to any claim in which the Commonwealth is intervening and to add\nany additional claim for which the Commonwealth contends it is entitled to\nrelief. Any complaint filed by the Commonwealth pursuant to this paragraph shall\nrelate back to the filing date of the complaint of the person who originally\nbrought the action, to the extent that the claim of the Commonwealth arises out\nof the conduct, transactions, or occurrences set forth, or attempted to be set\nforth, in such person&#8217;s complaint.\n\t\tIn any action brought under \u00a7 8.01-216.4 or 8.01-216.5, the Commonwealth\nshall be required to prove all essential elements of the cause of action,\nincluding damages, by a preponderance of the evidence.\n\t\tNotwithstanding any other provision of law, a final judgment rendered in favor\nof the Commonwealth in any criminal proceeding charging fraud or false\nstatements, whether upon a verdict after trial or upon a plea of guilty or nolo\ncontendere, shall estop the defendant from denying the essential elements of the\noffense in any action that involves the same transaction as in the criminal\nproceeding and which is brought under \u00a7 8.01-216.4 or 8.01-216.5.\n\nHISTORY: 2002, c. 842; 2007, c. 569; 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}}