8.01-216.5 - Civil actions filed by private persons; Commonwealth may intervene.
§ 8.01-216.5. Civil actions filed by private persons; Commonwealth mayintervene.
A. A person may bring a civil action for a violation of § 8.01-216.3 for theperson and for the Commonwealth. The action shall be brought in the name ofthe Commonwealth. The action may be dismissed only if the court and theAttorney General give written consent to the dismissal and their reasons forconsenting.
B. A copy of the complaint and written disclosure of substantially allmaterial evidence and information the person possesses shall be served on theCommonwealth. The complaint shall be filed in camera, shall remain under sealfor at least 120 days, and shall not be served on the defendant until thecourt so orders. The Commonwealth may elect to intervene and proceed with theaction within 120 days after it receives both the complaint and the materialevidence and information.
C. The Commonwealth may, for good cause shown, move the court for extensionsof the time during which the complaint remains under seal. Any such motionsmay be supported by affidavits or other submissions in camera. The defendantshall not be required to respond to any motion for judgment filed under thissection until twenty-one days after the complaint is unsealed and served uponthe defendant.
D. Before the expiration of the 120-day period or any extensions obtainedunder subsection C, the Commonwealth shall proceed with the action, in whichcase the action shall be conducted by the Commonwealth, or notify the courtthat it declines to take over the action, in which case the person bringingthe action shall have the right to prosecute the action.
E. When a person brings an action under this section, no person other thanthe Commonwealth may intervene or bring a related action based on the factsunderlying the pending action.
(2002, c. 842; 2007, c. 569.)