                                 CODE OF VIRGINIA

CIVIL INVESTIGATIVE DEMANDS; CONTENTS AND DEADLINES (§ 8.01-216.11)

Each civil investigative demand issued under this article shall state the nature
of the conduct constituting the alleged violation of a false claims law that is
under investigation, and the applicable provision of law alleged to be violated.
		If such demand is for the production of documentary material, the demand shall
(i) describe each class of documentary material to be produced with such
definiteness and certainty as to permit such material to be fairly identified;
(ii) prescribe a return date for each such class that will provide a reasonable
period of time within which the material so demanded may be assembled and made
available for inspection and copying; and (iii) identify the false claims law
investigator to whom such material shall be made available.
		If such demand is for answers to written interrogatories, the demand shall (i)
set forth with specificity the written interrogatories to be answered; (ii)
prescribe dates at which time answers to written interrogatories shall be
submitted; and (iii) identify the false claims law investigator to whom such
answers shall be submitted.
		If such demand is for the giving of oral testimony, the demand shall (i)
prescribe a date, time, and place at which oral testimony shall be commenced;
(ii) identify a false claims law investigator who shall conduct the examination
and the custodian to whom the transcript of such examination shall be submitted;
(iii) specify that such attendance and testimony are necessary to the conduct of
the investigation; (iv) notify the person receiving the demand of the right to
be accompanied by an attorney and any other representative; and (v) describe the
general purpose for which the demand is being issued and the general nature of
the testimony, including the primary areas of inquiry that will be taken
pursuant to the demand.
		Any civil investigative demand that is an express demand for any product of
discovery shall not be returned or returnable until twenty-one days after a copy
of such demand has been served upon the person from whom the discovery was
obtained.
		The date prescribed for the commencement of oral testimony pursuant to a civil
investigative demand issued under this article shall be a date that is not less
than seven days after the date on which the demand is received, unless the
Attorney General determines that exceptional circumstances are present that
warrant the commencement of such testimony within a lesser period of time.
		The Attorney General shall not authorize the issuance of more than one civil
investigative demand for oral testimony by the same person unless the person
requests otherwise or unless the Attorney General, after investigation, notifies
that person in writing that an additional demand for oral testimony is
necessary.

HISTORY: 2002, c. 842.