                                 CODE OF VIRGINIA

CIVIL INVESTIGATIVE DEMANDS; CUSTODIAN OF DOCUMENTS; ANSWERS (§ 8.01-216.17)

A. The Attorney General shall serve as custodian of documentary material,
answers to interrogatories, and transcripts of oral testimony received under
this article.

B. An investigator who receives any documentary material, answers to
interrogatories, or transcripts of oral testimony under this section shall
transmit them to the Attorney General. The Attorney General shall take physical
possession of such material, answers, or transcripts and shall be responsible
for the use made of them and for the return of documentary material.

C. The Attorney General may cause the preparation of such copies of documentary
material, answers to interrogatories, or transcripts of oral testimony as may be
required for official use by any investigator, or other officer or employee of
the Attorney General or employee of the Department of State Police. Such
material, answers, and transcripts may be used by any authorized investigator or
other officer or employee in connection with the taking of oral testimony under
this article.

D. Except as otherwise provided in this section, no documentary material,
answers to interrogatories, or transcripts of oral testimony, or copies thereof,
while in the possession of the Attorney General, shall be available for
examination by any individual other than an investigator or other officer or
employee of the Attorney General or employee of the Department of State Police
authorized by the Attorney General. The prohibition on the availability of
material, answers, or transcripts shall not apply if consent is given by the
person who produced such material, answers, or transcripts, or, in the case of
any product of discovery produced pursuant to an express demand for such
material, consent is given by the person from whom the discovery was obtained.
Nothing in this subsection is intended to prevent disclosure to the General
Assembly, including any committee or subcommittee of the General Assembly, or to
any other state agency for use by such agency in furtherance of its statutory
responsibilities.

E. While in the possession of the Attorney General and under such reasonable
terms and conditions as the Attorney General shall prescribe, (i) documentary
material and answers to interrogatories shall be available for examination by
the person who produced such material or answers, or by a representative of that
person authorized by that person to examine such material and answers, and (ii)
transcripts of oral testimony shall be available for examination by the person
who produced such testimony or by a representative of that person authorized by
that person to examine such transcripts.

F. Any attorney employed by the Office of the Attorney General designated to
appear before any court, grand jury, or state agency in any case or proceeding
may use any documentary material, answers to interrogatories, or transcripts of
oral testimony in connection with any such case or proceeding as such attorney
determines to be required. Upon the completion of any such case or proceeding,
such attorney shall return to the custodian any such material, answers, or
transcripts so delivered that have not passed into the control of the court,
grand jury, or agency through introduction into the record of such case or
proceeding.

G. If any documentary material has been produced by any person in the course of
any investigation pursuant to a civil investigative demand under this article,
and (i) any case or proceeding before the court or grand jury arising out of
such investigation, or any proceeding before any state agency involving such
material, has been completed, or (ii) no case or proceeding in which such
material may be used has been commenced within a reasonable time after
completion of the examination and analysis of all documentary material and other
information assembled in the course of such investigation, the Attorney General
shall, upon written request of the person who produced such material, return to
such person any material, other than copies furnished to the investigator, or
made for the Attorney General that has not passed into the control of any court,
grand jury, or agency through introduction into the record of such case or
proceeding.

HISTORY: 2002, c. 842; 2011, c. 676.