8.01-216.9 - Procedure; statute of limitations. - Virginia Statutes

§ 8.01-216.9. Procedure; statute of limitations.

A subpoena requiring the attendance of a witness at a trial or hearingconducted under this article may be served at any place in the Commonwealth.

A civil action under § 8.01-216.4 or 8.01-216.5 may not be brought (i) morethan six years after the date on which the violation is committed or (ii)more than three years after the date when facts material to the right ofaction are known or reasonably should have been known by the official of theCommonwealth charged with responsibility to act in the circumstances, but inthat event no more than ten years after the date on which the violation iscommitted, whichever occurs last.

In any action brought under § 8.01-216.4 or 8.01-216.5, the Commonwealthshall be required to prove all essential elements of the cause of action,including damages, by a preponderance of the evidence.

Notwithstanding any other provision of law, a final judgment rendered infavor of the Commonwealth in any criminal proceeding charging fraud or falsestatements, whether upon a verdict after trial or upon a plea of guilty ornolo contendere, shall estop the defendant from denying the essentialelements of the offense in any action that involves the same transaction asin the criminal proceeding and which is brought under § 8.01-216.4 or8.01-216.5.

(2002, c. 842; 2007, c. 569.)