Section 5D. (1) If the attorney general proceeds with the action, he shall have 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 sections 5B to 5O, inclusive.
(2) The attorney general may dismiss the action notwithstanding the objections of the relator 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. Upon a showing of good cause, such hearing may be held in camera.
(3) The attorney general may settle the action with the defendant notwithstanding the objections of the relator if the court determines, after a hearing, that the proposed settlement is fair, adequate and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera.
(4) Upon a showing by the attorney general that unrestricted participation during the course of the litigation by the relator initiating the action would interfere with or unduly delay the attorney general's 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, including but not limited to: (i) limiting the number of witnesses the relator may call; (ii) limiting the length of the testimony of such witnesses; (iii) limiting the relator's cross examination of witnesses; or (iv) otherwise limiting the participation by the relator in the litigation.
(5) 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.
(6) 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, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts at the attorney general's expense. When a relator proceeds with the action, the court, without limiting the status and rights of the relator initiating the action, may nevertheless permit the attorney general to intervene at a later date upon a showing of good cause.
(7) Whether or not the attorney general proceeds with the action, upon a showing by the attorney general that certain acts of discovery by the relator initiating the action would interfere with the attorney general'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. Such showing by the attorney general shall be conducted in camera. The court may extend the 60 day period upon a further showing in camera 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 investigations or proceedings.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 12 - Department of the Attorney General, and the District Attorneys
Section 2 - Assistants and Employees; Appointment; Duties; Compensation; Tenure; Vacancies
Section 2a - Attorney General; Disability; Filling Vacancies
Section 2b - Annual Personnel Report
Section 3e - Defense of Actions Against Officers or Employees
Section 4 - Claims of Commonwealth; Enforcement
Section 4a - Acceptance of Gifts or Grants of Money or Property
Section 5 - Civil Actions to Recover Money for Commonwealth
Section 5a - False Claims; Definitions Applicable to Secs. 5a to 5o
Section 5b - False Claims; Liability
Section 5d - Prosecution by Attorney General; Relator's Right to Continue as Party to Action
Section 5e - Alternate Remedies Available to Determine Civil Penalty
Section 5f - Payments to Relators; Limitations
Section 5h - Money Recovered by Commonwealth; False Claims Prosecution Fund
Section 5j - Employers Preventing Employees From Acting to Further False Claim Actions; Liability
Section 5l - Preponderance of the Evidence Standard
Section 5m - Rules, Regulations or Guidelines; Attorney General
Section 5n - Civil Investigative Demands; Attorney General
Section 5o - Agency Reporting Requirements
Section 6 - Consultation With and Giving of Advice and Assistance to District Attorneys
Section 6a - Conferences of District Attorneys and Other Officials; Notification as to New Laws
Section 7 - Persons Intruding on Land, Property or Rights of Commonwealth; Prosecution
Section 8 - Due Application of Charity Funds Enforced
Section 8a - Definitions Applicable to Secs. 8a to 8m
Section 8b - Division of Public Charities; Duties
Section 8c - Director of Public Charities; Designation
Section 8d - Employees; Appointment and Removal
Section 8f - Annual Reports of Public Charities; Financial Statements; Fees; Penalties; Enforcement
Section 8g - Attorney General as a Party; Service
Section 8h - Investigations by Attorney General
Section 8i - Compliance With Investigations; Enforcement; Penalties
Section 8j - Rules and Regulations
Section 8k - Gift for Public Charitable Purpose; Presumed Intention
Section 8m - Public Records; Inspection
Section 8n - Fees, Costs, Penalties and Other Monies; General Fund
Section 9 - Advice and Aid to General Court and Committees
Section 11 - Annual Report of Cases Handled
Section 11a - Division of Civil Rights and Liberties
Section 11b - Board of Commissioners on Uniform State Laws; Obscene Literature Commission
Section 11c - Narcotic and Harmful Drugs; Training Program for Law Enforcement Officers
Section 11d - Division of Environmental Protection
Section 11g - Local Consumer Aid Fund; Eligibility for Assistance
Section 11k - Division of Victim Compensation and Assistance
Section 11m - Division of Gaming Enforcement
Section 12 - District Attorneys; Qualifications; Election; Term; Appearances
Section 13 - Districts for Administration of Criminal Law or Defense of Civil Actions
Section 15 - Practice of Law Prohibited; Salary
Section 16 - Salaries of Assistant District Attorneys
Section 18 - Appointment of an Assistant to District Attorney; Compensation
Section 19 - Suffolk District; Appointment of Messengers and Other Employees
Section 20 - Additional Legal Assistants; Tenure; Compensation; Powers
Section 21 - Suffolk District; Police and Detective Service
Section 22 - Clerical and Stenographic Workers
Section 23 - Payment for Traveling Expenses; Exceptions
Section 24 - Expenses Payable by Commonwealth
Section 25 - Advanced Expenses; Conditions; Vouchers
Section 26 - Court Appointment of Substitute in Absence of Attorney General and District Attorney
Section 27 - District Attorneys; Duties; Control of Attorney General
Section 28 - Suits on Recognizances; Discontinuance
Section 29 - Accounting for Fees, Bills of Costs and Money Received
Section 30 - Fees for Services in Performance of Duty; Appearance in Civil Action
Section 32 - Community Based Juvenile Justice Programs; District Attorneys