8.01-216.12 - Civil investigative demands; protected material or information. - Virginia Statutes

§ 8.01-216.12. Civil investigative demands; protected material or information.

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

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

(2002, c. 842.)