                                 CODE OF VIRGINIA

CIVIL ACTIONS FILED BY PRIVATE PERSONS; COMMONWEALTH MAY INTERVENE (§
8.01-216.5)

A. A person may bring a civil action for a violation of &#xA7; 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. 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.

C. 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.

D. 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.

E. 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.

HISTORY: 2002, c. 842; 2007, c. 569.