§ 8.01-216.16.Civil investigative demands; oral examinations.

Section 8.01-216.16 sets the mechanics for taking oral testimony under a civil investigative demand. An officer authorized to administer oaths swears the witness and records the testimony stenographically, either personally or through someone acting under the officer’s direction and in the officer’s presence; once transcribed, the officer promptly sends a copy of the transcript to the Attorney General. Nothing in the section stops testimony from being taken by any other means consistent with the Rules of the Supreme Court of Virginia. The examination happens in the county or city where the witness resides, is found, or transacts business, or another place the investigator and witness agree on, and the investigator conducting it excludes everyone except the witness, the witness’s counsel or other representative, the Commonwealth’s attorney, anyone the Commonwealth’s attorney and witness agree to admit, the officer administering the oath, and the court reporter.

Once the testimony is transcribed, the witness — who may have counsel present — gets a reasonable opportunity to examine and read it, unless that review is waived. Any changes the witness wants made are entered on the transcript along with the witness’s stated reasons, and the witness then signs it, unless the witness waives signing in writing, is ill, cannot be found, or refuses. If the transcript remains unsigned 30 days after the witness had a reasonable opportunity to review it, the officer or investigator signs it instead and notes the reason on the record. The officer certifies that the witness was sworn and that the transcript is a true record, then delivers or mails it to the Attorney General. The investigator later furnishes a copy of the transcript to the witness upon payment of reasonable charges, though the Attorney General may, for good cause, limit the witness to inspecting the official transcript rather than receiving a copy.

A witness compelled to testify may be accompanied, represented, and advised by counsel, who may confer with the witness in confidence about any question asked. The witness or counsel may object on the record to a question, briefly stating the reason, including an objection grounded in a constitutional or other legal right or privilege — but the witness may not otherwise refuse to answer or interrupt the examination. If the witness refuses to answer a question, a petition may be filed in the circuit court to compel an answer; if the refusal rests on the privilege against self-incrimination, the testimony may still be compelled under applicable law. A witness who appears for oral testimony under a demand receives the same fees and allowances paid to circuit court witnesses.