A. Whenever the Attorney General or his designee has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to a false claims law investigation, the Attorney General or his designee may, before commencing a civil proceeding or making an election under this article, issue in writing and cause to be served upon such person, a civil investigative demand requiring such person (i) to produce such documentary material for inspection and copying, (ii) to answer in writing written interrogatories with respect to such documentary material or information, (iii) to give oral testimony concerning such documentary material or information, or (iv) to furnish any combination of such material, answers, or testimony.
§ 8.01-216.10.Civil investigative demands; issuance; sharing information.
Chapter 3. Actions · Article 19.1. Virginia Fraud Against Taxpayers Act · Last amended 2012 · Last verified July 16, 2026
In one sentenceSection 8.01-216.10 lets the Attorney General or a designee issue a civil investigative demand before suing, compelling a person to produce documents, answer interrogatories, or give oral testimony, requires notice when the demand seeks a product of discovery from another proceeding, and permits sharing gathered information with a qui tam relator or government agencies.
Full Text of § 8.01-216.10
B. Whenever a civil investigative demand is an express demand for any product of discovery, the Attorney General shall cause to be served, in any manner authorized by this article, a copy of such demand upon the person from whom the discovery was obtained and shall notify the person to whom such demand is issued of the date on which such copy was served.
C. Any information obtained by the Attorney General or his designee pursuant to this section may be shared with any qui tam relator and any state or federal governmental entity if the Attorney General or his designee determines that such information is necessary as part of any false claims investigation.
Plain-English Summary
Section 8.01-216.10 gives the Attorney General a pre-suit investigative tool. Whenever the Attorney General or a designee has reason to believe a person holds documentary material or information relevant to a false claims investigation, that official may issue a written civil investigative demand before filing suit or deciding whether to intervene in a qui tam action. The demand can require the person to produce documents for inspection and copying, answer written interrogatories, give oral testimony, or furnish any combination of the three.
When a demand expressly seeks a product of discovery — material originally obtained through discovery in another proceeding — the Attorney General must serve a copy of the demand on the person from whom that discovery came, and notify the demand’s recipient of the date that copy was served. This protects the interests of someone who produced material in unrelated litigation and now finds it swept into a false claims investigation.
Information the Attorney General or a designee gathers through a civil investigative demand may be shared with a qui tam relator and with any state or federal government entity, but only when the Attorney General or the designee determines that sharing is necessary to the false claims investigation.
Frequently Asked Questions
What is a civil investigative demand under the Virginia Fraud Against Taxpayers Act?
It is a pre-suit investigative tool the Attorney General or a designee can issue before filing a civil action or deciding whether to intervene in a qui tam case, compelling a person to produce documents, answer interrogatories, give oral testimony, or any combination of the three.
Who can issue a civil investigative demand?
The Attorney General or a designee, whenever there is reason to believe a person possesses documentary material or information relevant to a false claims investigation.
What happens if a demand seeks material originally produced in someone else’s lawsuit?
That is an express demand for a product of discovery. The Attorney General must serve a copy of the demand on the person from whom the discovery was originally obtained and notify the demand’s recipient of the date that copy was served.
Can the Attorney General share investigative material with the whistleblower who filed the underlying case?
Yes, if the Attorney General or a designee determines sharing is necessary to the false claims investigation. The information can also be shared with state or federal government entities on the same basis.
Does a lawsuit have to be filed before a civil investigative demand can issue?
No. The demand can issue before the Attorney General commences a civil proceeding or elects whether to intervene in a case a private person filed.
Amendment History
2002, c. 842; 2011, c. 676; 2012, c. 479.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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