8.01-216.16 - Civil investigative demands; oral examinations.
§ 8.01-216.16. Civil investigative demands; oral examinations.
A. The examination of any person pursuant to a civil investigative demand fororal testimony served under this article shall be taken before an officerauthorized to administer oaths under the laws of this Commonwealth or of theplace where the examination is held. The officer before whom the testimony isto be taken shall put the witness on oath and shall, personally or by someoneacting under the direction of the officer and in the officer's presence,record the testimony of the witness. The testimony shall be takenstenographically and shall be transcribed. When the testimony is fullytranscribed, the officer before whom the testimony is taken shall promptlytransmit a copy of the transcript of the testimony to the Attorney General.This section shall not preclude the taking of testimony by any meansauthorized by and in a manner consistent with the Rules of the Supreme Courtof Virginia.
B. The investigator conducting the examination shall exclude from the placewhere the examination is held all persons except the person giving thetestimony, the attorney for and any other representative of the person givingthe testimony, the attorney for the Commonwealth, any person who may beagreed upon by the attorney for the Commonwealth and the person giving thetestimony, the officer before whom the testimony is to be taken, and anycourt reporter taking such testimony.
C. The oral testimony of any person taken pursuant to a civil investigativedemand served under this article shall be taken in the county or city withinwhich such person resides, is found, or transacts business or in such otherplace as may be agreed upon by the investigator conducting the examinationand such person.
D. When the testimony is fully transcribed, the investigator or the officerbefore whom the testimony is taken shall afford the witness, who may beaccompanied by counsel, a reasonable opportunity to examine and read thetranscript, unless such examination and reading are waived by the witness.Any changes in form or substance that the witness desires to make shall beentered and identified upon the transcript by the officer or theinvestigator, with a statement of the reasons given by the witness for makingsuch changes. The transcript shall then be signed by the witness, unless thewitness in writing waives the signing, is ill, cannot be found, or refuses tosign. If the transcript is not signed by the witness within thirty days afterbeing afforded a reasonable opportunity to examine it, the officer or theinvestigator shall sign it and state on the record the fact of the waiver,illness, absence of the witness, or the refusal to sign, together with thereasons, if any, given therefor.
E. The officer before whom the testimony is taken shall certify on thetranscript that the witness was sworn by the officer and that the transcriptis a true record of the testimony given by the witness, and the officer orinvestigator shall promptly deliver the transcript, or send the transcript byregistered or certified mail, to the Attorney General.
F. Upon payment of reasonable charges therefor, the investigator shallfurnish a copy of the transcript to the witness only, except that theAttorney General may, for good cause, limit such witness to inspection of theofficial transcript of the witness' testimony.
G. Any person compelled to appear for oral testimony under a civilinvestigative demand may be accompanied, represented, and advised by counsel.Counsel may advise such person, in confidence, with respect to any questionasked of such person. Such person or counsel may object on the record to anyquestion, in whole or in part, and shall briefly state for the record thereason for the objection. An objection may be made, received, and enteredupon the record when it is claimed that such person is entitled to refuse toanswer the question on the grounds of any constitutional or other legal rightor privilege. Such person may not otherwise object to or refuse to answer anyquestion, and may not directly or through counsel otherwise interrupt theoral examination. If such person refuses to answer any question, a petitionmay be filed in the circuit court for an order compelling such person toanswer such question. If such person refuses to answer any question on thegrounds of the privilege against self-incrimination, the testimony of suchperson may be compelled in accordance with applicable law.
H. Any person appearing for oral testimony under a civil investigative demandissued under this article shall be entitled to the same fees and allowancespaid to witnesses in the circuit court.
(2002, c. 842.)