32 V.S.A. § 633 — Rights of the parties to qui tam actions

(a) If the State proceeds with the action, the Attorney General shall have the primary
responsibility for prosecuting the action and shall not be bound by any act of the
relator. The relator shall have the right to continue as a party to the action, subject
to the limitations in subsection (b) of this section.
(b)(1) The Attorney General may move to dismiss the action if the relator has been notified
by the Attorney General of the filing of the motion and the court has provided the
relator with an opportunity for a hearing on the motion.
(2) Notwithstanding any objection of a relator, the Attorney General may settle the action
with the defendant if after a hearing the court determines that the proposed settlement
is fair, adequate, and reasonable under all the circumstances.
(3) Upon a showing by the Attorney General that unrestricted participation during the
course of the litigation by the relator would interfere with or unduly delay the prosecution
of the case or would be repetitious, irrelevant, or for purposes of harassment, the
court may, in its discretion, impose limitations on the relator’s participation, such
as:
(A) limiting the number of witnesses the relator may call;
(B) limiting the length of the testimony of such witnesses;
(C) limiting the relator’s cross-examination of witnesses; or
(D) otherwise limiting the participation by the relator in the litigation.
(4) Upon a showing by the defendant that unrestricted participation during the course
of the litigation by the relator would be for purposes of harassment or would cause
the defendant undue burden or unnecessary expense, the court may limit the participation
by the relator in the litigation.
(c) If the Attorney General elects not to proceed with the action, the relator who initiated
the action shall have the right to conduct the action. If the Attorney General so
requests, the Attorney General shall be served with copies of all pleadings filed
in the action in accordance with the Rules of Civil Procedure and shall be supplied
with copies of all deposition transcripts at the State’s expense. When a relator proceeds
with the action, the court, without limiting the status and rights of the relator,
may nevertheless permit the Attorney General to intervene at a later date upon a showing
of good cause.
(d) Whether or not the Attorney General proceeds with the action, upon a showing by the
Attorney General that discovery by the relator would interfere with the State’s investigation
or prosecution of a criminal or civil matter arising out of the same or similar facts,
the court may stay such discovery for a period of not more than 60 days. The court
may extend the 60-day period upon a further showing that the Attorney General has
pursued the criminal or civil investigation or proceedings with reasonable diligence
and may stay any proposed discovery in the civil action that will interfere with the
ongoing criminal or civil investigation or proceedings. (