                                 CODE OF VIRGINIA

CIVIL INVESTIGATIVE DEMANDS; JUDICIAL PROCEEDINGS FOR NONCOMPLIANCE (§
8.01-216.18)

A. Whenever any person fails to comply with any civil investigative demand
issued under this article, or whenever satisfactory copying or reproduction of
any material requested in such demand cannot be done and such person refuses to
surrender the material, the Attorney General may file in the appropriate circuit
court for the county or city in which such person resides, is found, or
transacts business, and serve upon such person a petition for a court order for
the enforcement of the civil investigative demand.

B. Any person who has received a civil investigative demand issued under this
article may file, in the circuit court of any county or city within which such
person resides, is found, or transacts business, and serve upon the investigator
identified in such demand a petition for an order of the court to modify or set
aside the demand. In the case of a petition addressed to an express demand for
any product of discovery, a petition to modify or set aside such demand may be
brought only in the circuit court of the county or city in which the proceeding
in which such discovery was obtained is or was last pending. Any petition under
this section shall be filed (i) within twenty-one days after the date of service
of the civil investigative demand, or at any time before the return date
specified in the demand, whichever date is earlier, or (ii) within such longer
period as may be prescribed in writing by any investigator identified in the
demand.

C. The petition shall specify each ground upon which the petitioner relies in
seeking relief, and may be based upon any failure of the demand to comply with
the provisions of this article or upon any constitutional or other legal right
or privilege of such person. During the pendency of the petition in the court,
the court may stay, as it deems proper, the running of the time allowed for
compliance with the demand, in whole or in part, except that the person filing
the petition shall comply with any portions of the demand not sought to be
modified or set aside.

D. In the case of any civil investigative demand issued under this article that
is an express demand for any product of discovery, the person from whom such
discovery was obtained may file, in the circuit court of the county or city in
which the proceeding in which such discovery was obtained is or was last
pending, and serve upon any investigator identified in the demand and upon the
recipient of the demand a petition for a court order to modify or set aside
those portions of the demand requiring production of any such product of
discovery. Any petition under this subsection shall be filed (i) within
twenty-one days after the date of service of the civil investigative demand or
at any time before the return date specified in the demand, whichever date is
earlier, or (ii) within such longer period as may be prescribed in writing by
any investigator identified in the demand.

E. The petition shall specify each ground upon which the petitioner relies in
seeking relief and may be based upon any failure of the demand from which relief
is sought to comply with the provisions of this article, or upon any
constitutional or other legal right or privilege of the petitioner. During the
pendency of the petition, the court may stay, as it deems proper, compliance
with the demand and the running of the time allowed for compliance with the
demand.

F. At any time during which any custodian is in custody or control of any
documentary material or answers to interrogatories produced, or transcripts of
oral testimony given by any person in compliance with any civil investigative
demand issued under this article, such person, and in the case of an express
demand for any product of discovery, the person from whom such discovery was
obtained, may file, in the circuit court of the county or city within which the
office of such custodian is situated, and serve upon such custodian a petition
for a court order to require the performance by the custodian of any duty
imposed upon the custodian by this section. Whenever any petition is filed in
any circuit court under this section, the court shall have jurisdiction to hear
and determine the matter so presented, and to enter such order or orders as may
be required to carry out the provisions of this section. Any final order so
entered shall be subject to appeal in the same manner as appeals of other final
orders in civil matters. Any disobedience of any final order entered under this
section by any court shall be punished as contempt of the court.

G. Any documentary material, answers to written interrogatories, or oral
testimony provided under any civil investigative demand issued under this
article shall be exempt from disclosure under the Virginia Administrative
Process Act (&#xA7; 2.2-4000 et seq.).

HISTORY: 2002, c. 842.