Rule 2.570. Filing False Claims Act records under seal

(a) Application Rules 2.570-2.573 apply to records initially filed under seal pursuant to the False Claims Act, Government Code section 12650 et seq. As to these records, rules 2.550-2.551 on sealed records do not apply.

(b) Definitions As used in this chapter, unless the context or subject matter otherwise requires:

(1) “Attorney General” means the Attorney General of the State of California.

(2) “Prosecuting authority” means the county counsel, city attorney, or other local government official charged with investigating, filing, and conducting civil legal proceedings on behalf of or in the name of a particular political subdivision.

(3) “Qui tamplaintiff” means a person who files a complaint under the False Claims Act.

(4) The definitions in Government Code section 12650 apply to the rules in this chapter.

(c) Confidentiality of records filed under the False Claims Act Records of actions filed by aqui tamplaintiff must initially be filed as confidential and under seal as required by Government Code section 12652(c). Until the seal is lifted, the records in the action must remain under seal, except to the extent otherwise provided in this rule.

(d) Persons permitted access to sealed records in a False Claims Act case

(1) Public access prohibited

(2) Information on register of actions

(3) Parties permitted access to the sealed court file

(A) The Attorney General;

(B) A prosecuting authority for the political subdivision on whose behalf the action is brought, unless the political subdivision is named as a defendant; and

(C) A prosecuting authority for any other political subdivision interested in the matter whose identity has been provided to the court by the Attorney General.

(4) Parties not permitted access to the sealed court file

(5) Qui tamplaintiff’s limited access to sealed court file

Committee Notes

(Subd (a) amended effective January 1, 2007.)

(Subd (b) amended effective January 1, 2007.)

(Subd (d) amended effective January 1, 2007.)