CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

Civil Remedies and Procedure

P Passed

P HB447

Effect of release or covenant not to sue. Includes within the definition of covenant not to sue a "high-low" agreement whereby one party seeking damages in tort agrees to accept as full satisfaction no more than one sum certain and the party from whom damages are sought agrees to pay no less than another sum certain regardless of the verdict at trial.

Patron - Kilgore

P HB616

Special forest wardens. Provides that special forest wardens are included as "firefighters" for purposes of the duty of care owed to firefighters, the crime of impersonating a firefighter, and the unlawful use of telephone to interfere with emergency personnel.

Patron - Orrock

P HB735

Release of liability; right of rescission. Provides that when a claimant executes a release of liability as a condition of settlement in a claim or action for personal injury within 30 days of the incident giving rise to such claim and the claimant was not represented by counsel, the release shall contain a separate and conspicuous notice of the right to rescind. The claimant shall have a right of rescission until midnight of the sixth business day after the day on which the release was executed, provided that he was not represented by counsel when the release was executed, the rescission was made in writing to the person or persons being released, their representative or insurance carrier, and the claimant returns to the person or persons being released any check or settlement proceeds received by the claimant prior to the rescission. The current law allows such rescission for 72 hours following the execution of the release.

Patron - Cranwell

P HB810

Medical records release. Requires a health care provider to accept a photocopy, facsimile, or other copy of the original document signed by the patient providing authority for the requester to obtain the records, as if the copy was an original document.

Patron - Joannou

P HB813

District courts and circuit courts may prescribe certain rules. Allows the district and circuit courts to prescribe rules limited to those rules necessary to promote proper order and decorum and the efficient and safe use of courthouse facilities and clerks' offices. Such rules may include docket control procedures.

Patron - Joannou

P HB870

Suspension or tolling statute of limitations. Provides that any award of compensation by the Workers' Compensation Commission pursuant to Chapter 5 (§ 65.2-500 et seq.) of Title 65.2 (Workers' Compensation), which is subsequently found void ab initio, other than an award voided for fraud, shall toll the statute of limitations for the duration of compensation payments made pursuant to such award for any civil action upon the same claim or cause of action in a court of this Commonwealth.

Patron - McEachin

P HB1126

Disclosure of certain employment information. Provides that any employer who, upon request by a person's prospective or current employer, provides information about that person's professional conduct, reasons for separation or job performance, including information contained in any written performance evaluations, shall be immune from civil liability, provided that the employer is not acting in bad faith or with reckless disregard for whether the information is false. Punitive damages may be awarded if the employer acts in bad faith.

Patron - Sherwood

P HB1205

Writs of possession. Provides that a writ of possession should be executed by the sheriff within 15 calendar days from receipt by the sheriff or as soon as practicable thereafter, but not later than 30 days from the date issued.

Patron - Cantor

P HB1213

Summonses issued by attorneys. Provides that if attendance is desired in a civil proceeding pending in a court or at a deposition in connection with such proceeding, a summons may be issued not less than five business days prior to the date attendance is desired by an attorney-at-law who is an active member of the Virginia State Bar at the time of issuance, as an officer of the court. An attorney-issued summons is required to be on a form approved by the Supreme Court, signed by the attorney and shall include the attorney's address. The attorney-issued summons shall be deemed to be a pleading. This bill also allows attorneys to issue subpoenas duces tecum. Currently, attorneys may not issue summonses. The act sunsets on July 1, 2001.

Patron - Cantor

P HB1269

Liability for defamatory material on the Internet. Establishes that no provider or user of an interactive computer service on the Internet shall be treated as the publisher or speaker of any information provided to it by another information content provider for the purposes of defamation lawsuits. Further, no provider or user of an interactive computer service shall be liable for any action voluntarily taken by it in good faith (i) to restrict access to, or availability of, material or (ii) to make available, to information content providers or others, the technical means to restrict access to information provided by another information content provider.

Patron - Rust

P HB1303

Summons for unlawful detainer. Provides that if the summons for unlawful detainer is filed to terminate a tenancy pursuant the Virginia Residential Landlord Tenant Act, the initial hearing on such summons by a judge of a general district court shall occur within 21 calendar days of service on the tenant, unless a judge is not available to hold court, in which case, the initial hearing shall be held as soon as practicable. Provides that the summons shall be served at least 10 days before the return date rather than five as under current law.

Patron - McClure

P HB1499

School records as evidence. Allows for the introduction into evidence of copies of school records solely related to attendance, transcripts or grades of a minor when they are material in matters involving the custody of that minor, or the termination of parental rights of that minor's parents, by affidavit.

Patron - Devolites

P HB1546

Liability of landlord. Provides that persons defined as "agents," (landlords, real estate brokers, salespersons and rental location agents) and property owners or agents responsible for maintenance are not liable for civil damages for lead poisoning in a residential dwelling if the agent has complied with the U.S. Residential Lead-Based Paint Hazard Reduction Act, provided literature on lead hazards and disclosed any known lead-based paint or hazard on the property prior to the signing of a contract to lease or purchase.

Patron - Drake

P HB1547

Civil remedies; appeal bond. Places a limit on the maximum amount of a bond necessary for an appeal, from a domestic or foreign judgment where damages other than compensatory damages have been awarded, which stays the execution of a judgment. If the appellee proves that the appellant is purposefully dissipating or diverting its assets for the purpose of evading the judgment, the bill provides that the limitation on the bond shall be rescinded and the full amount required. The bill has an emergency clause and applies to any action pending on or filed after the effective date of the bill.

Patron - Cantor

P SB59

Lost evidences of debt. Corrects an incorrect code reference. This bill is a recommendation of the Committee on District Courts.

Patron - Trumbo

P SB220

Civil remedies and procedure; evidence. Eliminates the requirement for the double certification of the authenticity of official records for introduction as evidence.

Patron - Mims

P SB331

Evidence of habit or routine practice. Codifies Federal Rules of Evidence 406, which allows the admission of evidence of habit or routine practice. The bill defines habit and routine practice and provides that evidence of prior conduct may be relevant to rebut evidence of habit or routine practice.

Patron - Norment

P SB342

Civil remedies; jury commissioners. Provides for the judge of each circuit court to appoint, by the first day of July, jury commissioners for a one-year term. Currently, the statute provides for jury commissioners to be appointed by the first day of October. Moving the date forward will allow the jury commissioners more time to prepare and submit a master jury list to be used for the selection of jurors.

Patron - Mims

P SB384

Civil remedies; medical malpractice. Replaces the current procedure of sending a request for a case review by a medical malpractice panel to the clerk of the circuit court where the Motion for Judgment is filed with a proposed procedure requiring the requesting party to transmit the review request directly to the Supreme Court. The proposal also requires copies of the Motion and all responsive pleadings to accompany the transmittal to the Supreme Court. A copy of the request must be sent to all counsel of record. Finally, the bill imposes upon the Supreme Court a requirement that it designate a panel within 60 days after receipt of the request.

Patron - Mims

P SB385

Civil procedure; audio-visual depositions. Brings video conferencing or teleconferencing within the ambit of discovery as a permissible method for taking depositions. The authorization and procedure sections of the Uniform Audio-Visual Deposition Act are amended to specifically include video conferencing and teleconferencing within the Act, making those two means of taking depositions apply to the taking of depositions under the Act.

Patron - Mims

P SB405

Tort liability; hospitals. Allows a judgment against a nonprofit hospital to include the difference between insurance coverage and the medical malpractice cap. Under current law a nonprofit hospital which is insured for torts or negligence for not less than $500,000 for each occurrence is liable in medical malpractice actions to the extent of its insurance or the medical malpractice cap, whichever is less. This bill eliminates the insurance cap as a limitation of liability.

Patron - Williams

P SB680

Juror Lists. Requires jury commissioners to make reasonable effort to exclude the names of deceased persons and unqualified persons from the master jury list.

Patron - Forbes

F Failed

F HB18

Removal of action from general district court to circuit court. Raises the amount for removal of general district court cases from $3,000 to $5,000.

Patron - Armstrong

F HB67

Attorney's fees; civil rights violations by Commonwealth. Allows a plaintiff attorney's fees against the Commonwealth if a court finds that the Commonwealth deprived any person of his due process or equal protection guarantees and specifically includes any action on the part of the government which (i) discriminates against any person on the basis of his race, religion, or gender or (ii) violates the fundamental right and duty of a parent to direct the upbringing of the parent's child.

Patron - McEachin

F HB92

Civil Remedies; HMO liability; health care treatment decisions. Establishes a cause of action for persons who suffer damages as a result of a health maintenance organization's failure to exercise ordinary care in making a health care treatment decision affecting such person. Persons may file claims directly with the court and are not required to follow the procedures governing the utilization review process.

Patron - McEachin

F HB175

Parental liability for acts by minor resulting in damage to property in excess of $2,500, injury or death. Creates liability for the parents of a minor child if: (i) the child was living with the parent or parents, (ii) the parent or parents knew or should have known the child had a propensity to commit a willful or malicious act, and (iii) the parent or parents failed to use reasonable efforts to prevent the child's actions.

Patron - Clement

F HB524

Civil immunity; blood tests; DUI. Expands the scope of civil immunity afforded medical personnel who withdraw blood from persons suspected of driving under the influence. Currently, no civil liability (except negligence) may attach to a medical worker who withdraws blood from a person who consents to such withdrawal. This bill expands medical personnel immunity by shielding such persons from civil liability (except negligence) in cases where a person is unable or unwilling to consent to have his blood withdrawn, provided such withdrawal is requested in writing by a law-enforcement officer.

Patron - Armstrong

F HB595

Civil remedies; actions against parents to recover damages to property by minors. Increases from $2,500 to $4,000 the maximum amount that may be recovered from the parents of a minor who damages public property.

Patron - McQuigg

F HB753

Motion for summary judgment. Repeals the section of the Code that prohibits the use of depositions as a basis for motion for summary judgment or motion to strike evidence.

Patron - Howell

F HB754

Bases for motions for summary judgment. Sets forth the pleadings and orders, and enumerates the components of discovery, which may be considered by the court as the bases for granting a motion for summary judgment.

Patron - Howell

F HB809

Civil remedies; use of depositions. Allows for motions for summary judgment to be based, in whole or in part, upon pleadings, depositions, answers to interrogatories, admissions on file, or affidavits. Currently, such motions cannot be based on depositions unless agreed to by the parties.

Patron - McDonnell

F HB844

Dismissal of action by nonsuit. Mandates that the court assess costs and reasonable attorney's fees against the nonsuiting party whenever a nonsuit is taken within a 15-day period before trial.

Patron - Howell

F HB848

Suits by prisoners. Creates a statutory scheme which prisoners must follow in order to file any suit related to their confinement. The bill prescribes venue, pre-screening by the court, costs, fees, discovery, sanctions and specific conditions pursuant to which suit may be filed with the intent to significantly reduce frivolous lawsuits.

Patron - Kilgore

F HB992

Pleadings deemed filed upon delivery to mailing service. Provides that any pleadings, motion documents, petitions, or other documents may be delivered by any commercial express mailing service, including Federal Express, Express Mail, and others. Any such documents delivered to a commercial express mailing service for further delivery to a court for filing shall be considered filed when delivered to the mailing service.

Patron - Robinson

F HB1015

Juror Lists. Requires jury commissioners to make reasonable effort to exclude the names of deceased persons and unqualified persons from the master jury list.

Patron - Blevins

F HB1028

Accrual of actions. Provides for a specific accrual of action in the case of any person licensed as a real estate broker, salesperson or rental location agent who documents, in relationship to the relevant property built on or before 1978, (i) disclosure, in compliance with federal law and regulations, of material facts to any prospective purchaser or tenant concerning any lead hazard or contamination, (ii) that he has provided the prospective purchaser or tenant with educational material on the risks of exposure to lead, particularly for children, and (iii) that he has complied with the Essential Practices and Standard Treatments established by the federal Lead-Based Paint Hazard Reduction and Financing Task Force, any cause of action for lead poisoning brought by such prospective buyer or tenant shall begin to accrue on the day that the prospective buyer or tenant occupies the relevant property.

Patron - Drake

F HB1066

Disclosure of plaintiff's attorney's fees to jury. Requires that in any civil case for damages in excess of one million dollars, the attorney for the plaintiff shall disclose to the jury the estimated percentage of the recovery that will be collected by the attorney as attorney's fees, if any.

Patron - McClure

F HB1103

Admissibility of evidence of damages to rental property. Provides that in a civil action to recover for damages to rented real property, evidence as to such damages may be presented by an itemized estimate or appraisal sworn to by a person who also swears (i) that he is a repairman, estimator or appraiser qualified to determine the amount of such damage; (ii) as to the approximate length of time that he has been engaged in the business of doing such repair work; and (iii) as to the trade name and address of his business and employer. Currently, expert testimony may be required to overcome a hearsay objection to written estimates.

Patron - Albo

F HB1218

Civil remedies; use of depositions. Allows for motions for summary judgment to be based, in whole or in part, upon pleadings, depositions, answers to interrogatories, admissions on file, or affidavits. Currently, such motions cannot be based on depositions unless agreed to by the parties.

Patron - McClure

F HB1224

Duty of care to law-enforcement officers and firefighters, etc. Abolishes the common law doctrine known as the Fireman's Rule.

Patron - McEachin

F HB1386

Student possession and self-administration of inhaled asthma medications. Allows school principals, after certain conditions have been satisfied, to permit students who have a diagnosis of asthma and approval from a parent and appropriate medical professionals to possess and self-administer inhaled asthma medications. School employees and employees of local health departments assigned to a public school are granted immunity from civil damages for acts or omissions resulting from the supervision of self-administration of inhaled asthma medications, and school boards are granted immunity from any civil damages for ordinary negligence in acts or omissions resulting from the self-administration of asthma medications. The permission to possess and self-administer asthma medications is effective for one year, defined as 365 calendar days, and must be renewed annually. This measure was incorporated in HB 1010.

Patron - Baskerville

F SB298

Lawsuits that delay transportation projects. Provides that a party, who initiates or joins an action against the Commonwealth where the Commonwealth prevails and the action is the direct cause of the delay of a construction project undertaken, authorized or contracted and paid for by the Virginia Department of Transportation or the Commonwealth Transportation Board, is liable for any costs that accrue to the project because of the delay.

Patron - Barry

F SB299

Lawsuits that delay transportation projects. Provides that a party, who files an injunction against the Commonwealth where the Commonwealth prevails and the filing of the injunction is the direct cause of the delay of a construction project undertaken, authorized or contracted and paid for by the Virginia Department of Transportation or the Commonwealth Transportation Board, is liable for any costs that accrue to the project because of the delay.

Patron - Barry

F SB614

Civil immunity. Provides civil immunity for public officials who participate in a program where persons on probation are ordered as a condition of probation to pick up litter along a section of public roadway or waterway, unless there is willful misconduct.

Patron - Wampler

C Carried Over

C HB663

Communications between licensed instructional personnel and students. Provides that no licensed instructional personnel employed by a local school board pursuant to a probationary or continuing contract be required to testify in any custody action involving a current or former student, when the testimony involves the disclosure of personal information communicated to the teacher by a student seeking advice and counsel within the teacher-student relationship regarding the information so imparted. Mirroring other confidentiality statutes, the measure provides exceptions for cases in which the physical or mental condition of the student is at issue, for judicial discretion, and for reporting child abuse and neglect.

Patron - Tate

C HB702

Tolling or suspension of statutes of limitation. Allows for the statute of limitations in a civil suit to be tolled during a criminal prosecution that arises out of the same incident.

Patron - Watts

C HB803

Lawsuits against products manufacturers. Provides that the authority to bring suit and the right to recover against any marketer, manufacturer, distributor, dealer, seller, or trade association by or on behalf of any locality or any governmental entity for damages, abatement, injunctive relief or any other remedy resulting from or relating to the lawful design, marketing, manufacture, distribution, sale, or transfer of any lawful product to the public is reserved exclusively to the Commonwealth. The bill does not prohibit a locality or governmental entity from bringing an action against a company for breach of contract or warranty as to products purchased by the locality or entity. Additionally, the bill prohibits localities from regulating in any manner any products shows with regulations more stringent than those applying to shows of other types of items.

Patron - Ruff

C HB871

Compromises on behalf of persons under a disability. Expands the options for payment of proceeds of a lawsuit compromised on behalf of a person under a disability to include the attorney for and on behalf of the person under a disability in accordance with a pre-existing agreement setting forth the proposed disposition of the proceeds.

Patron - McEachin

C HB1155

Who may serve process. Requires private process servers to undergo a criminal history background check and training established by the Department Criminal Justice Services.

Patron - Weatherholtz

C HB1189

Action against parent for damage caused by a minor child's bomb threat. Provides that any person or entity that suffers actual damages may institute an action and recover from the parents, or either of them, of any minor child living with such parents, or either of them, for those actual damages suffered by reason of a minor child's bomb threat to an elementary, middle or high school.

Patron - Purkey

C HB1254

Action against parent for damage caused by a minor child's bomb threat. Provides that any person or entity that suffers actual damages may institute an action and recover from the parents, or either of them, of any minor child living with such parents, or either of them, for those actual damages suffered by reason of a minor child's bomb threat to an elementary, middle or high school. The recovery amount may not exceed $5,000 per occurrence.

Patron - Brink

C HB1259

Criminal procedure; evidence of medical records. Allows the admission of medical records upon affidavit of the custodian of the record.

Patron - Moran

C HB1301

Commissioners of Accounts. Abolishes the Office of Commissioner of Accounts and places those responsibilities with local treasurers or local financial officers.

Patron - Wardrup

C HB1394

Mediation; objection. Eliminates the provision that allows one of the parties to object and thereby avoid participation in court-ordered mediation.

Patron - McDonnell

C HB1396

Damages for loss of income. Provides that evidence of provable damages for medical expenses does not include expenses that have been forgiven or adjusted by a health care provider or insurer and does not include medical expenses that the plaintiff or decedent has no legal obligation to pay.

Patron - McDonnell