; and (ii) the servicemember has a meritorious or legal defense to the action or some part of it; or (B) an attorney appointed to represent the servicemember failed to adequately represent the best interests of the defendant. . 202. Authority for issuance and service of civil investigative demands by Attorney General (a) In general Section 801 of the Servicemembers Civil Relief Act ( 50 U.S.C. 4041 ) is amended by adding at the end the following new subsection: (d) Issuance and service of civil investigative demands (1) In general Whenever the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this Act, the Attorney General may, before commencing a civil action under subsection (a), issue in writing and serve upon such person, a civil investigative demand requiring— (A) the production of such documentary material for inspection and copying; (B) that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or (C) the production of any combination of such documentary material or answers. (2) Procedures The provisions of section 3733 of title 31, United States Code, governing the authority to issue, use, and enforce civil investigative demands shall apply with respect to the authority to issue, use, and enforce civil investigative demands under this section, except that, for purposes of applying such section 3733— (A) references in that section to false claims law investigators or investigations shall be read as references to investigators or investigations; (B) references in that section to interrogatories shall be read as references to written questions, and answers to such need not be under oath; (C) the statutory definitions relating to false claims law shall not apply