CODE OF VIRGINIA

DISCOVERABILITY OR ADMISSIBILITY OF COMPLIANCE REVIEW COMMITTEE DOCUMENTS (§
6.2-1113)

A. As used in this section, “compliance review committee” means a
committee appointed by the board of directors of a savings institution for the
purpose of evaluating and improving the savings institution’s compliance
with federal and state laws and adherence to its own established ethical and
financial standards, and includes any other person when that person acts in an
investigatory capacity at the direction of a compliance review committee.

B. Any records, reports, or other documents created by a compliance review
committee are confidential and shall not be discoverable or admissible in
evidence in any civil action unless, upon motion, the trial court determines in
its discretion that there has been an abuse of the provisions of this section.

C. Any records, reports, or other documents produced by a compliance review
committee and delivered to a federal or state governmental agency remain
confidential and shall not be discoverable or admissible in evidence in any
civil action, except to the extent that applicable law provides that such
records, reports or other documents are not protected from disclosure.

D. In no event shall the existence of or any action by a compliance review
committee serve as a basis or justification for delay of, or limit upon, the
discovery process set forth in state or federal rules.

E. The work product created by any person acting in an investigatory capacity at
the direction of a compliance review committee prior to his participation in the
work of the compliance review committee or at the direction of the compliance
review committee shall be subject to the rules governing discovery in accordance
with the Rules of the Virginia Supreme Court.

F. This section shall not be construed to limit the discovery or admissibility:

   1.  In any civil action of any records, reports, or other documents that are
   not created by a compliance review committee; or

   2.  Of any factual information which may be reviewed by a compliance review
   committee.

HISTORY: 1994, c. 201, §§ 6.1-2.16, 6.1-2.17, 6.1-2.18; 2010, c. 794.