A civil investigative demand issued under this article shall not require the production of any documentary material, the submission of any answers to written interrogatories, or the giving of any oral testimony if such material, answers, or testimony would be protected from disclosure under (i) the standards applicable to subpoenas or subpoenas duces tecum issued by a court of this Commonwealth to aid in a grand jury investigation or (ii) the standards applicable to discovery requests under the Rules of the Supreme Court of Virginia, to the extent that the application of such standards to any such demand is appropriate and consistent with the provisions and purposes of this article.

Terms Used In Virginia Code 8.01-216.12

  • Commonwealth: means the Commonwealth of Virginia, any agency of state government, and any political subdivision of the Commonwealth. See Virginia Code 8.01-216.2
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Documentary material: means the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret such data compilations, and any product of discovery. See Virginia Code 8.01-216.2
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Investigation: means any inquiry conducted by an investigator for the purpose of ascertaining whether any person is or has been engaged in any violation of this article. See Virginia Code 8.01-216.2
  • Material: means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property. See Virginia Code 8.01-216.2
  • Person: includes any natural person, corporation, firm, association, organization, partnership, limited liability company, business or trust. See Virginia Code 8.01-216.2
  • Product of discovery: means (i) the original or duplicate of any deposition, interrogatory, document, thing, result of the inspection of land or other property, examination, or admission, which is obtained by any method of discovery in any judicial or administrative proceeding of an adversarial nature; (ii) any digest, analysis, selection, compilation, or derivation of any item listed in clause (i); and (iii) any index or other manner of access to any item listed in clause (i). See Virginia Code 8.01-216.2
  • Supreme Court: means the Supreme Court of Virginia. See Virginia Code 1-249
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Any such demand that is an express demand for any product of discovery supersedes any inconsistent order, rule, or provision of law, other than this section, preventing or restraining disclosure of such product of discovery to any person. Disclosure of any product of discovery pursuant to any such express demand does not constitute a waiver of any right or privilege that the person making such disclosure may be entitled to invoke to resist discovery of trial preparation materials.

2002, c. 842.

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