§ 8.01-216.11.Civil investigative demands; contents and deadlines.

Section 8.01-216.11 fills in the content requirements for a civil investigative demand. Every demand must state the nature of the alleged false claims violation under investigation and the specific legal provision claimed to be violated. Beyond that baseline, the required contents depend on what the demand seeks. A document demand must describe each class of material with enough definiteness to let it be identified, set a reasonable return date, and name the investigator to whom the material goes. An interrogatory demand must set out the specific questions, prescribe answer dates, and name the investigator. An oral-testimony demand must set a date, time, and place, name the investigator conducting the examination and the custodian who will receive the transcript, state why the testimony is necessary, notify the recipient of the right to be accompanied by counsel, and describe the general purpose and areas of inquiry.

Two timing rules govern the return of demanded material. A demand expressly seeking a product of discovery cannot be returned or made returnable until 21 days after a copy has been served on the person from whom the discovery was originally obtained. And oral testimony cannot begin sooner than seven days after the recipient receives the demand, unless the Attorney General determines exceptional circumstances justify starting sooner.

The Attorney General also cannot authorize more than one civil investigative demand for oral testimony from the same person, unless the person requests an additional session or the Attorney General, after further investigation, notifies the person in writing that another demand for oral testimony is necessary.