Civil Investigative Demands. A civil investigative demand (CID) is an investigative tool that allows the Office of the Attorney General (AGO) to compel companies and individuals to produce documents and answer questions before filing a lawsuit. The AGO can issue CIDs when investigating suspected violations of the Consumer Protection Act, state and federal Medicaid fraud violations, rent stabilization and other state statutes.

The AGO may issue a CID to a person who the attorney general believes may be in possession of information or documents relevant to the investigation.  The CID requires the person to produce documents, answer written questions, or give oral testimony.  This type of pre-suit discovery allows the AGO to determine whether legal action is warranted.

Information obtained through a CID may not be used in criminal prosecutions. Information produced in response to a CID may be disclosed only to authorized employees of the AGO, unless the person who produced the information consents to disclosure to third parties. Disclosure of information produced in response to a CID to certain state, federal, or other state's officials may occur without a person’s consent if certain assurances are provided.

Civil Investigative Demands. The AGO may issue written CIDs for documents, oral testimony, and answers to written questions when investigating possible violations of:

• the United States Constitution;
• the Washington State Constitution;
• law enforcement use of force, tactics and equipment, and Keep Washington Working Act requirements;
• wages laws;
• the Washington Law Against Discrimination; and
• the City and County Jails Act.

Prior to instituting a civil proceeding, the AGO may issue a written CID upon a person or entity requiring such person or entity to produce documentary material and permit inspection and copying during normal business hours at such person’s or entity’s principal office or place of business or at other times and places as agreed, to answer written questions in writing, to give oral testimony, or a combination of such demands related to such documentary material or information, if the AGO believes that any person or entity:

• may be in possession, custody, or control of any original or copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording which the AGO believes to be relevant to an investigation of possible violations of state or federal law listed above; or
• may have knowledge of any information which the AGO believes relevant to the subject matter of such an investigation.

The AGO issuance of CIDs is not applicable to criminal prosecutions.

Each CID shall:

• state the statute, the alleged violation under investigation, and the general subject matter of the investigation;
• describe the class or classes of documentary material to be produced with reasonable specificity if the CID is for documentary material;
• prescribe a return date within which documentary material or written questions are to be produced, or a date, time, and place for oral testimony; and
• identify the relevant AGO staff.

No CID shall contain any requirement which would be unreasonable or improper if issued by a state court, require the disclosure of privileged information, or which would not be required by a subpoena duces tecum issued by a state court.

A CID may be served directly on a person or any officer or managing agent of an entity, delivered to the principal place of business in this state, or by registered or certified mail to the person’s address or entity’s principal office or place of business.

Procedures for written questions and oral testimony are provided.

If, after prior court approval, a CID specifically prohibits disclosure of the existence or content of the demand, it is a misdemeanor for any person or entity, except for a bank, trust company, mutual savings bank, credit union, or savings and loan association to disclose to any other person or entity the existence or content of a CID, except for disclosure to the recipient’s counsel, by order of a superior court for good cause shown, or unless required by law.

No documentary material, answers to written questions, or transcripts of oral testimony produced pursuant to a CID shall be inspected, copied, or disclosed to anyone other than an authorized employee of the AGO without the consent of the person or entity, unless by order of a superior court for good cause shown and except to the following:

• the person or entity; or
• an official of the state, federal government, or other state charged with the enforcement of federal or state laws if the receiving official agrees to not disclose to anyone other than that official or the official’s authorized employees. Such material may not be introduced as evidence in a criminal proceeding.

The AGO may use copies of documentary material, answers to written questions, or transcripts of oral testimony as necessary in the enforcement of federal or state law, including presentations before any court. Any such material that contains trade secrets shall not be presented without court approval and notice to the person or entity.

A person or entity may petition the Thurston County Superior Court or the court where the person or entity resides to extend the return date or to set aside a CID any time before the return date specified in the CID or within 20 days after the CID has been served, whichever period is shorter.

The AGO may petition the superior court to compel compliance with a CID if a person or entity fails to comply with a CID or when satisfactory copying or reproduction of material cannot be done and the person or entity refuses to surrender such material. The superior court may impose sanctions as provided in the civil rules with respect to discovery motions.

This act does not supersede or displace the authority of the AGO to issue CIDs under other state laws.