Rule 2.573. Unsealing of records and management of False Claims Act cases
(a) Expiration or lifting of seal
(1)Records in a False Claims Act case to which public access has been prohibited under Government Code section 12652(c) must remain under seal until the Attorney General and all local prosecuting authorities involved in the action have notified the court of their decision to intervene or not intervene.
(2)The Attorney General and all local prosecuting authorities involved in the action must give the notice required under (1) within 60 days of the filing of the complaint or before an order extending the time to intervene has expired, unless a new motion to extend time to intervene is pending, in which case the seal remains in effect until a ruling is made on the motion.
(Subd (a) amended effective January 1, 2007.)
(b) Coordination of state and local authorities
The Attorney General and all local prosecuting authorities must coordinate their activities to provide timely and effective notice to the court that:
(1)A political subdivision or subdivisions remain interested in the action and have not yet determined whether to intervene; or
(2)The seal has been extended by the filing or grant of a motion to extend time to intervene, and therefore the seal has not expired.
(Subd (b) amended effective January 1, 2007.)
(c) Designation of lead local prosecuting authority
In a False Claims Act case in which the Attorney General is not involved or has declined to intervene and local prosecuting authorities remain interested in the action, the court may designate a lead prosecuting authority to keep the court apprised of whether all the prosecuting authorities have either intervened or declined to intervene, and whether the seal is to be lifted.
(d) Order unsealing record
The Attorney General or other prosecuting authority filing a notice of intervention or nonintervention must submit a proposed order indicating the documents that are to be unsealed or to remain sealed.
(e) Case management
(1)Case management conferences
The court, at the request of the parties or on its own motion, may hold a conference at any time in a False Claims Act case to determine what case management is appropriate for the case, including the lifting or partial lifting of the seal, the scheduling of trial and other events, and any other matters that may assist in managing the case.
(2)Exemption from case management rules
Cases under the False Claims Act are exempt from rule 3.110 and the case management rules in title 3, division 7, but are subject to such case management orders as the court may issue.
(Subd (e) amended effective January 1, 2007.)
Rule 2.573 amended and renumbered effective January 1, 2007; adopted as rule 243.8 effective July 1, 2002.