A. The Attorney General shall serve as custodian of documentary material, answers to interrogatories, and transcripts of oral testimony received under this article.
§ 8.01-216.17.Civil investigative demands; custodian of documents; answers.
Chapter 3. Actions · Article 19.1. Virginia Fraud Against Taxpayers Act · Last amended 2011 · Last verified July 16, 2026
In one sentenceSection 8.01-216.17 makes the Attorney General the custodian of all material gathered through civil investigative demands, restricts examination of that material to authorized personnel absent consent or a statutory disclosure exception, lets producers examine their own material under reasonable terms, and requires return of unused material once an investigation concludes.
Full Text of § 8.01-216.17
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.
Plain-English Summary
Section 8.01-216.17 puts the Attorney General in charge of everything gathered through a civil investigative demand. An investigator who receives documentary material, interrogatory answers, or oral testimony transcripts transmits them to the Attorney General, who takes physical possession and answers for how they are used and for returning documentary material when appropriate. The Attorney General may prepare copies for official use by investigators, other staff of the Attorney General’s office, or Department of State Police employees, including use in connection with taking oral testimony.
While material is in the Attorney General’s possession, it is generally off-limits to anyone other than authorized investigators or officers and employees of the Attorney General’s office or the Department of State Police. Two exceptions open the door wider: the person who produced the material, or in the case of a product of discovery, the person from whom the discovery was originally obtained, can consent to disclosure; and nothing in the section blocks disclosure to the General Assembly, including its committees and subcommittees, or to another state agency using the material to carry out its own statutory responsibilities. Under reasonable terms the Attorney General sets, the person who produced the material — or an authorized representative — can also examine it, and the person who gave oral testimony can examine the transcript.
An Attorney General’s office attorney appearing before a court, grand jury, or state agency may use the material as needed for that case or proceeding, and must return to the custodian anything not already made part of the record once the matter concludes. More broadly, once an investigation-related case or proceeding is complete, or if none has begun within a reasonable time after the investigation wraps up, the Attorney General must, on the producer’s written request, return material that has not already entered the record of a case or proceeding, apart from copies made for the investigator or the Attorney General’s own use.
Frequently Asked Questions
Who serves as the official custodian of material gathered through a civil investigative demand?
The Attorney General, who takes physical possession of documentary material, interrogatory answers, and oral testimony transcripts and answers for how they are used and returned.
Who can examine that material while the Attorney General holds it?
Generally only authorized investigators and officers or employees of the Attorney General’s office or the Department of State Police, unless the person who produced the material consents, or the material goes to the General Assembly or another state agency for its own statutory responsibilities.
Can the person who produced documents examine them again while the Attorney General holds them?
Yes. Under reasonable terms the Attorney General sets, the producer or an authorized representative can examine the material, and a person who gave oral testimony can examine the transcript.
Does the Attorney General have to return material once an investigation ends?
Yes. On the producer’s written request, once the related case or proceeding is complete, or if none begins within a reasonable time, the Attorney General must return material not already made part of a court, grand jury, or agency record.
Can attorneys in the Attorney General’s office use the material in court proceedings?
Yes, an attorney appearing before a court, grand jury, or state agency may use the material as the case requires, but must return whatever has not become part of the record once the matter concludes.
Amendment History
2002, c. 842; 2011, c. 676.
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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