§ 9-1.1-5 False claims procedure. –(a) A subpoena requiring the attendance of a witness at a trial or hearingconducted under § 9-1.1-4, may be served at any place in the state.
(b) A civil action under § 9-1.1-4 may not be brought:
(1) More than 6 years after the date on which the violationof § 9-1.1-3 is committed, or
(2) More than three (3) years after the date when factsmaterial to the right of action are known or reasonably should have been knownby the official of the state charged with responsibility to act in thecircumstances, but in no event more than ten (10) years after the date on whichthe violation is committed, whichever occurs last.
(c) In any action brought under § 9-1.1-4, the stateshall be required to prove all essential elements of the cause of action,including damages, by a preponderance of the evidence.
(d) Notwithstanding any other provision of law, a finaljudgment rendered in favor of the state in any criminal proceeding chargingfraud or false statements, whether upon a verdict after trial or upon a plea ofguilty, shall estop the defendant from denying the essential elements of theoffense in any action which involves the same transaction as in the criminalproceeding and which is brought under subsections 9-1.1-4(a) or 9-1.1-4(b).
§ 9-1.1-5 False claims procedure. –(a) A subpoena requiring the attendance of a witness at a trial or hearingconducted under § 9-1.1-4, may be served at any place in the state.
(b) A civil action under § 9-1.1-4 may not be brought:
(1) More than 6 years after the date on which the violationof § 9-1.1-3 is committed, or
(2) More than three (3) years after the date when factsmaterial to the right of action are known or reasonably should have been knownby the official of the state charged with responsibility to act in thecircumstances, but in no event more than ten (10) years after the date on whichthe violation is committed, whichever occurs last.
(c) In any action brought under § 9-1.1-4, the stateshall be required to prove all essential elements of the cause of action,including damages, by a preponderance of the evidence.
(d) Notwithstanding any other provision of law, a finaljudgment rendered in favor of the state in any criminal proceeding chargingfraud or false statements, whether upon a verdict after trial or upon a plea ofguilty, shall estop the defendant from denying the essential elements of theoffense in any action which involves the same transaction as in the criminalproceeding and which is brought under subsections 9-1.1-4(a) or 9-1.1-4(b).
§ 9-1.1-5 False claims procedure. –(a) A subpoena requiring the attendance of a witness at a trial or hearingconducted under § 9-1.1-4, may be served at any place in the state.
(b) A civil action under § 9-1.1-4 may not be brought:
(1) More than 6 years after the date on which the violationof § 9-1.1-3 is committed, or
(2) More than three (3) years after the date when factsmaterial to the right of action are known or reasonably should have been knownby the official of the state charged with responsibility to act in thecircumstances, but in no event more than ten (10) years after the date on whichthe violation is committed, whichever occurs last.
(c) In any action brought under § 9-1.1-4, the stateshall be required to prove all essential elements of the cause of action,including damages, by a preponderance of the evidence.
(d) Notwithstanding any other provision of law, a finaljudgment rendered in favor of the state in any criminal proceeding chargingfraud or false statements, whether upon a verdict after trial or upon a plea ofguilty, shall estop the defendant from denying the essential elements of theoffense in any action which involves the same transaction as in the criminalproceeding and which is brought under subsections 9-1.1-4(a) or 9-1.1-4(b).
