General Assembly>Division of Legislative Services>Publications>Session Summaries>2004>Civil Remedies and Procedure


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Civil Remedies and Procedure

Passed

P HB46

Appeals from decisions of general district court. Permits issuance of a writ of execution immediately upon entry of judgment for possession in cases of judgment of default arising out of a trustee's deed following foreclosure. Under current law, writs of execution may not issue until expiration of the 10-day period for appeal, except in cases of judgment of default for nonpayment of rent. This bill extends that exception to those judgments of default arising out of a trustee's deed following foreclosure.
Patron - Reese

P HB49

Copies of subpoenaed documents to be provided to other parties. Requires any party to a civil proceeding who subpoenas documents concerning another party to provide true and full copies of the documents to the other party or his attorney, if requested, provided the requesting party pays reasonable copying or reproduction costs. The requirement does not apply where the subpoenaed documents are returnable to and maintained by the clerk of court in which the proceeding is pending.
Patron - Reese

P HB357

Settlements by the Commonwealth; confidentiality. Provides that no settlement of a civil action against the Commonwealth involving money damages shall be made subject to a confidentiality agreement that prohibits the Commonwealth, a state agency, officer or employee from disclosing the amount of such settlement except in cases where the confidentiality agreement is imposed by a court of competent jurisdiction or otherwise is required by law. This bill incorporates HB 388.
Patron - Suit

P HB430

Appeal bonds. Eliminates the current $25 million ceiling on an appeal bond securing noncompensatory damages and establishes in its place a $25 million ceiling on an appeal bond securing all damages awarded the appellee. Provides that where the appellee shows dissipation of assets by the appellant, the court may require the appellant and its affiliates to post a bond or irrevocable letter of credit in an amount up to the full amount of judgment. The bill contains a clause specifying that its provisions are procedural and not substantive in nature. This bill is identical to SB 172.
Patron - Albo

P HB534

Civil immunity; litter pick up by probationers and persons on community service. Provides civil immunity for probation officers; court personnel; county, city and town personnel; any other public officials; and private volunteers who participate in a program in which persons on community service or persons on probation are ordered as a condition of probation or community service to pick up litter along a section of public roadway or waterway. The immunity protects the specified persons from liability for injury to the persons on probation or community service, in the absence of willful misconduct. The bill provides that it shall not be interpreted to grant any immunity to any driver transporting the probationers or persons on community service, or any motorist, who, by his negligence, may injure such probationer or person on community service. This bill is identical to SB 72.
Patron - Stump

P HB565

Civil recovery; health care provider professional services. Authorizes a health care provider, if an insured or enrollee of an accident and sickness insurance policy, health services plan or health maintenance organization fails to remit insurance payments he has received for health care rendered, to institute a civil action to recover the lesser of $250 or three times the amount of the payment, together with the amount of the payment and any sanctions imposed pursuant to § 8.01-271.1. Action may be instituted only after the health care provider has invoiced the insured or enrollee for the services, and 30 days after the insured's or enrollee's receipt of the insurance payments.
Patron - Albo

P HB624

Civil procedure; nonsuits. Provides that if notice to take a nonsuit of right is given to the opposing party within seven days of trial, the court may assess against the nonsuiting party reasonable witness fees and travel costs of expert witnesses scheduled to appear at trial, which are incurred by the opposing party solely by reason of the failure to give notice at least seven days prior to trial. Under current law, the applicable time frame is five days.
Patron - O'Bannon

P HB638

Wrongful incarceration for a felony conviction. Provides guidelines for the compensation of persons wrongfully incarcerated. Under the guidelines a wrongfully incarcerated person may receive an amount equal to 90 percent of the Virginia per capita personal income for each year of incarceration up to 20 years. The compensation shall be paid as an initial lump sum equal to 20 percent of the award with the remaining 80 percent of the principal to be used to purchase an annuity to provide equal monthly payments to such person for a period certain of 25 years. The bill also provides for (i) a $15,000 transition assistance grant for a wrongfully incarcerated person upon his release from prison to be paid from the Criminal Fund, which amount shall be deducted from any award received and (ii) reimbursement of up to $10,000 for tuition for career and technical training within the Virginia Community College System contingent upon successful completion of the training. The bill specifically provides that the payment and receipt of any compensation for wrongful incarceration shall be contingent upon the General Assembly appropriating funds for that purpose. The bill incorporates HB 631 and is identical to SB 271.
Patron - Tata

P HB705

Relation back; addition of agent. Authorizes amending a pleading to change the party against whom a claim is asserted so long as either the party or his agent had notice of the institution of the action within the limitations period. Under current law, amendments are permitted only where the party had notice of the institution of the action. Current law authorizing amendments to pleadings based on confusion in trade names contains the "agent" reference in that statute's requirements for actual notice of a claim. This bill is identical to SB 118.
Patron - Ingram

P HB733

Patient health records. Provides that a patient's executor or administrator also may obtain copies of a patient's health care records where the records are requested in anticipation of litigation or in the course of litigation. Currently only a patient, his attorney, or an authorized insurer may obtain copies of the patient's health care records.
Patron - Joannou

P HB979

Service of process on corporation. Defines the term "managing employee" for the purposes of service of process in garnishment proceedings as an employee charged by the corporation with the control of operations and employee supervision at a business location of the corporation where process is to be served.
Patron - Reese

P HB980

Civil remedies; service of process. Clarifies that failure to make return of service of process by anyone authorized to serve process within the time specified shall not invalidate any service of process or any judgment based thereon. Current law appears to apply only to sheriffs.
Patron - Reese

P HB1063

Legal malpractice; negligence concerning an irrevocable trust. Clarifies that a grantor, or, after his death, his personal representative or trustee, may maintain an action for damages, including tax liability, resulting from legal malpractice associated with an irrevocable trust. The action shall survive the grantor's death, shall accrue upon completion of the representation in which the malpractice occurred, and shall be brought within five years (written contract for legal services) or three years (unwritten contract). No action may be maintained where damages reasonably may be avoided or result from a change of law subsequent to the representation in which the damages were sustained. The bill contains a clause stating that it is declaratory of existing law.

The bill modifies the result in the Supreme Court's decision in Charles Rutter, Executor of the Estate of Mildred Duncan v. Jones, Blechman, Woltz & Kelly, PC, et al., 264 Va. 310, 568 S.E.2d 693 (2002). In Rutter, plaintiff executor sought to assert a claim of legal malpractice concerning a revocable trust on the grounds that negligent drafting cost the estate more than $600,000 in tax liability. The Supreme Court held that no cause of action could have accrued during decedent's lifetime because damages were not sustained until her death triggered the tax liability. Because no cause of action existed during decedent's life, § 8.01-25 directed that no cause of action survived her death. This bill ensures that Rutter is not extended to cases involving irrevocable trusts.
Patron - Armstrong

P HB1127

Venue; civil actions. Provides that Category B venue includes counties or cities in which the defendant regularly conducts substantial business activity. Under current law, Category B venue includes counties or cities in which the defendant regularly conducts affairs or business activity.
Patron - McDonnell

P HB1379

Servicemembers Civil Relief Act. Establishes civil law protections for servicemembers, consistent with federal law. Blocks entry of default judgment absent an affidavit stating whether the defendant is in military service, or that the plaintiff does not know if he is in such service. Authorizes setting aside default judgments against servicemembers as provided by federal law.
Patron - Cox

P HB1463

Declaratory judgment; adjudication of constitutional nexus. Grants circuit courts original jurisdiction over civil actions where a business organized under Virginia law or qualified to do business in Virginia seeks a declaratory judgment that the business is not obligated to collect and remit sales and use taxes to another state. This bill is identical to SB 668.
Patron - Hugo

P SB38

Jury service of certain legislative employees. Adds certain legislative employees to the list of persons who are exempt from jury service upon request. The provision applies only to the time period from 60 days before a regular General Assembly session to 30 days after adjournment, and seven days before and after a reconvened or special session. The bill applies to employees of the Office of the Clerk of the House of Delegates, the Office of the Clerk of the Senate, the Division of Legislative Services, and the Division of Legislative Automated Systems.
Patron - Stolle

P SB72

Civil immunity; litter pick up by probationers and persons on community service. Provides civil immunity for probation officers; court personnel; county, city and town personnel; any other public officials; and private volunteers who participate in a program in which persons on community service or persons on probation are ordered as a condition of probation or community service to pick up litter along a section of public roadway or waterway. The immunity protects the specified persons from liability for injury to the persons on probation or community service, in the absence of willful misconduct. The bill provides that it shall not be interpreted to grant any immunity to any driver transporting the probationers or persons on community service, or any motorist, who, by his negligence, may injure such probationer or person on community service. This bill is identical to HB 534.
Patron - Puckett

P SB118

Amending pleading; notice to agent. Authorizes an amendment changing the party against whom an original claim was asserted to relate back to the date of the original filing if, among other things, an agent of a party had received notice of the institution of the original action. Under current law, the party must have received the notice. This bill is identical to HB 705.
Patron - Watkins

P SB172

Appeal bonds. Eliminates the current $25 million ceiling on an appeal bond securing noncompensatory damages and establishes in its place a $25 million ceiling on an appeal bond securing all damages awarded the appellee. Provides that where the appellee shows dissipation of assets by the appellant, the court may require the appellant and its affiliates to post a bond or irrevocable letter of credit in an amount up to the full amount of judgment. The bill contains a clause specifying that its provisions are procedural and not substantive in nature. This bill is identical to HB 430.
Patron - Stolle

P SB271

Wrongful incarceration for a felony conviction. Provides guidelines for the compensation of persons wrongfully incarcerated. Under the guidelines a wrongfully incarcerated person may receive an amount equal to 90 percent of the Virginia per capita personal income for each year of incarceration up to 20 years. The compensation shall be paid as an initial lump sum equal to 20 percent of the award with the remaining 80 percent of the principal to be used to purchase an annuity to provide equal monthly payments to such person for a period certain of 25 years. The bill also provides for (i) a $15,000 transition assistance grant for a wrongfully incarcerated person upon his release from prison to be paid from the Criminal Fund, which amount shall be deducted from any award received and (ii) reimbursement of up to $10,000 for tuition for career and technical training within the Virginia Community College System contingent upon successful completion of the training. The bill specifically provides that the payment and receipt of any compensation for wrongful incarceration shall be contingent upon the General Assembly appropriating funds for that purpose. The bill incorporates HB 631 and is identical to HB 638.
Patron - Quayle

P SB343

Virginia Fraud Against Taxpayers Act. Provides that the false claims provisions of the Act do not apply to claims, records or statements relating to state or local taxes. Current law exempts only income taxes.
Patron - Williams

P SB385

Medical malpractice peer review entities; privileged communications. Extends the privileges of confidential communications to quality assurance or peer review committees established under (i) a national or state peer review entity, (ii) a national or state accreditation entity, (iii) a national professional association of health care providers or Virginia chapter of a national professional association of health care providers, (iv) a licensee of a managed care health insurance plan and (v) a statewide or local association representing health care providers licensed in the Commonwealth. Oral communications made to such a committee regarding a specific medical incident involving patient care are privileged only to the extent that they are made more than 24 hours after the occurrence of the medical incident.
Patron - Norment

P SB494

Damage to cemetery property. Provides that a cemetery company owner or operator may bring an action to recover damages, including labor costs and reasonable attorneys' fees, for the willful or malicious destruction of cemetery property, regardless of whether the damaged property is owned by the cemetery. A restitution requirement is added to the criminal statute.
Patron - Mims

P SB495

Attorney-issued subpoenas. Eliminates the five-days before trial (or the date of return) restriction on attorney-issued subpoenas and makes them subject to the same time frame as all other subpoenas. The attorney-issued subpoenas will be subject to the general provision that a judge may choose not to enforce a subpoena that is issued within five days. A sheriff is not required to serve an attorney-issued subpoena that is issued within five days. As introduced, this bill was a recommendation of the Boyd-Graves Conference.
Patron - Mims

P SB513

Civil remedies; failure of juror to appear. Increases the monetary range established in 1977 for fining a juror who fails to appear in court from "not less than $25 nor more than $100" to "not less than $50 nor more than $200."
Patron - Mims

P SB601

Medical malpractice insurance. Provides that certain qualifying physicians and sole community hospitals may purchase medical malpractice insurance from the risk management plan administered by the Department of Treasury. Sole community hospitals also may purchase general liability coverage. These provisions of the bill are not effective until July 1, 2006. The bill establishes a joint subcommittee to study issues surrounding risk management plans. The subcommittee will meet in the 2004 interim.
Patron - Newman

P SB668

Declaratory judgment; adjudication of constitutional nexus. Grants circuit courts original jurisdiction over civil actions where a Virginia business seeks a declaratory judgment that no constitutional nexus exists to require the business to collect and remit sales and use taxes to another state. This bill is identical to HB 1463.
Patron - Mims

Failed

F HB137

Civil procedure; disclosure of insurance liability limits. Requires disclosure of the liability limits to an attorney for an injured person, prior to the filing of a civil action for personal injuries resulting from a motor vehicle accident, after the attorney provides written notice of representation.
Patron - Kilgore

F HB192

Action for personal injury; felonious act. Requires the court to dismiss with prejudice any personal injury action brought by an individual who sustained his personal injuries while committing a felony.
Patron - Black

F HB198

Civil immunity; private volunteers. Provides that any private individual who volunteers his time to assist in responding to a national or local emergency, including a man-made or natural disaster, is immune from liability for his actions, other than those involving gross negligence or willful misconduct.
Patron - Purkey

F HB280

Physician liability for uncompensated care to the indigent; immunity. Provides that any licensed physician who delivers health care services without charge to individuals who are indigent shall not be liable for any civil damages for any act or omission resulting from the rendering of such services in good faith unless such act or omission was the result of such physician's gross negligence or willful misconduct.
Patron - Purkey

F HB314

Privity of contract; property damages. Provides that damages for injury to property include those costs necessary to restore or place property in the position it would have occupied absent the negligence. This bill modifies the reach of Virginia's common law doctrine of economic loss by providing that these types of costs for injury to property are not disappointed economic expectations but are cognizable under tort law.
Patron - Wright

F HB499

Subrogation to lien for medical costs; personal injuries. Clarifies interaction of three statutes. Currently any municipal corporation, person, firm or corporation that pays the medical services charges resulting from personal injuries sustained due to another's negligence may be subrogated to any lien associated with those charges. This authority for subrogation does not apply to a motor vehicle liability medical benefit insurer (who is licensed in the Commonwealth and is insuring a vehicle principally garaged and used in the Commonwealth), nor does it apply to any company issuing (i) an insurance contract providing hospital, medical, surgical and similar or related benefits; (ii) a subscription contract; or (iii) a health services plan, except that the insurer may exclude benefits paid or payable under workers' compensation laws or federal or state programs and may seek to coordinate benefits provisions.
Patron - Kilgore

F HB512

Pleadings and other actions by persons not represented by attorneys. Adds to the list of nonattorneys who may prepare, execute, file and have served on other parties various pleadings in general district court a full-time bona fide employee of a corporation who is so authorized by its board of directors and a managing agent of a landlord as defined in § 55-248.4. Adds to the list of nonattorneys who may recover rent or possession a managing agent of a landlord as defined in § 55-248.4 or any employee of such person, partnership, association, corporation, limited liability company, limited partnership, professional corporation, professional limited liability company, registered limited liability partnership, registered limited liability limited partnership or business trust. Removes "resident manager" from the listing. This bill is incorporated into HB 976.
Patron - Marrs

F HB584

Immunity; skydiving. Provides that skydiving activity sponsors or skydiving professionals are not liable for injury to or death of a participant resulting from the inherent dangers of skydiving, and that no participant or his guardian, parent or representative shall have or make any claim or recover for injury, loss, damage or death of a participant resulting from an inherent danger of skydiving.
Patron - Janis

F HB585

Category A venue; action against school board. Provides that an action involving a vehicle owned or operated by a school board is governed by Category A venue, and that venue lies in the county or city in which the school board is located or the accident occurred.
Patron - Janis

F HB832

Rehearings; condemnation. Provides that a court shall reopen a condemnation case, in which a party was served by publication but did not appear before the date of judgment against him, only to allow the owner to contest the amount of just compensation. The bill makes this provision applicable to redevelopment and housing authorities.
Patron - Drake

F HB867

Pleadings and other papers signed by nonattorneys. Restores bona fide employees, persons licensed under the provisions of § 54.1-2106.1 (real estate brokers and salespersons) and property managers to the list of nonattorneys who may sign a warrant in debt, motion for judgment, warrant in detinue, distress warrant, summons for unlawful detainer, counterclaim, crossclaim, suggestion for summons in garnishment, garnishment summons, writ of possession, writ of fieri facias, interpleader and civil appeal notice filed in general district court. The bona fide employee, property manager or licensed person must be authorized to sign such pleadings by those individuals now statutorily authorized to sign such pleadings (a corporate officer, a manager of a limited liability company, a general partner of any form of partnership or a trustee of any business trust). Legislation passed in 2003 narrowed the class of signatories of pleadings (by eliminating "bona fide employee[s]") at the same time as it expanded the types of business entities whose authorized representatives could sign such pleadings. Under current law, persons licensed under § 54.1-2106.1 and resident managers can appear in court to recover rent or possession. This bill specifies (i) that property managers can appear in court to recover rent or possession and (ii) that a person licensed under § 54.1-2106.1 or a property manager also can sign the necessary pleadings associated with recovery of rent or possession. This bill is incorporated into HB 976.
Patron - Byron

F HB896

Civil procedure; nonsuits. Shortens the time frame within which a party may suffer a nonsuit by requiring that it be suffered more than 21 days before trial. If the plaintiff suffers a nonsuit fewer than 21 days before trial, the court shall dismiss the case with prejudice unless the plaintiff shows good cause for the late notice or agrees to pay the defendant's costs of preparing for trial, to a limit of $1,000 in general district court and $25,000 in circuit court. The court determines the reasonableness of the defendant's costs, which may include expert witness fees; court reporter appearance fees; fees for transcripts; travel expenses for attorneys, and fact and expert witnesses; fees for service of process; filing fees; and cancellation fees charged by expert witnesses. Under current law, a court may assess only witness fees and travel costs for expert witnesses if a party gives notice of the nonsuit within five days of trial.
Patron - Bell

F HB897

Civil remedies; use of depositions. Allows motions for summary judgment to be based, in whole or in part, upon depositions. This bill is incorporated into HB 1126.
Patron - Bell

F HB1102

Civil remedies; evidence in products liability actions. Provides that evidence of similar incidents may be admissible as evidence or corroboration of a product defect.
Patron - Moran

F HB1126

Civil procedure; use of depositions. Allows motions for summary judgment to be based, in whole or in part, upon depositions.
Patron - McDonnell

F HB1222

Compensation for care of injured infant. Clarifies that among the damages that a parent or guardian is entitled to claim against a tortfeasor for injury to a child is included time lost from employment due to transporting the child to receive medical treatment, and the travel expenses related to that travel.
Patron - Spruill

F HB1223

Disclosure of insurance liability limits. Requires an insurer to disclose liability limits of an insurance policy to an attorney for an injured policyholder, where the request is made prior to the filing of a civil action. The attorney must provide the insurer written notice of representation and the insurer must make the disclosure in writing within 30 days of the request.
Patron - Spruill

F HB1226

Immunity from liability under certain circumstances for physicians rendering free care to indigents. Provides that any licensed physician delivering health care services to individuals who are indigent but are not eligible for medical assistance services or any other program for reimbursement of health care services for low-income individuals shall not be liable for any civil damages for any act or omission resulting from the rendering of such indigent health care services when such services are delivered without charge at his office or a clinic, hospital or other health care facility that regularly charges patients for such services, in whole or in part, unless such act or omission was the result of such physician's gross negligence or willful misconduct. Technical amendments are also included to move a provision on automated external defibrillators and to correct a subsection designation.
Patron - Suit

F HB1324

Signing and representing pleadings and other papers; sanctions. Modifies the Virginia statute governing the requirements for signing and representing pleadings and other papers before a court, including authorizing the court to award attorney fees incurred in seeking sanctions and to impose a civil fine to compensate the court system for having to devote public resources to address any violation. The bill provides that law firms shall be held jointly liable for any award entered against an attorney if the attorney committed the violation within the scope of his employment with the firm.
Patron - Marrs

F HB1372

Product liability; products containing open and obvious dangers. Exempts manufacturers or sellers from liability for claims of injury due to voluntary use of a product containing open and obvious dangers, and directly caused by the open and obvious dangers of that product. Such products are limited to (i) food products made with sugar, butter or hydrogenated oils or trans fats, (ii) tobacco, or (iii) firearms. Excludes from the exemption actions based on manufacturing defects or breach of an express warranty.
Patron - Janis

F HB1385

Violent felony bar to action against victim for personal injury, wrongful death or damage to property. Provides that in any civil action in which it is alleged that personal injury, death by wrongful act or damage to property has resulted from the negligence of the victim of a violent felony as defined in § 17.1-805, it shall be a defense to such action that the injury, death by wrongful act or damage to property occurred during the commission of a violent felony committed by the plaintiff.
Patron - McDougle

F HB1397

Service on petit juries. Strengthens requirements for service on a petit jury by (i) stating service as an obligation; (ii) limiting the automatic disqualifications from jury service, removing lawyers from the list of persons automatically exempted from jury service and limiting exemptions from jury service by request to people aged 70 years or older or whose spouse is summoned to serve on the same jury panel; (iii) specifying requirements for postponing jury service and providing that failure to appear is a Class 2 misdemeanor; (iv) specifying grounds for authorizing excuses from jury service; (v) establishing the rights of petit jurors, including limiting service periods to one day except where a juror is selected for jury service; and (vi) establishing a "Lengthy Trial Fund," supported by a $20 fee on civil cases, to provide wage supplementation or replacement of up to $300 per day per juror when the period of jury service reaches 10 days. The bill repeals § 8.01-341.2, which allowed deferral or limitation of jury service on the grounds that service on specific dates or during a specific term would cause "particular occupational inconvenience."
Patron - Hogan

F HB1402

Subrogation rights of insurance companies. Eliminates the prohibition on subrogation rights by insurers by providing that an insurer shall have a right of subrogation with respect to those expenses associated with any medical bills upon which (i) the injured insured relies in asserting a personal injury action or (ii) the insured decedent's personal representative relies in a wrongful death action. Any recovery is limited to 25 percent of the amounts paid on behalf of the injured insured and the subrogated insurer is required to pay a pro rata share of the legal fees and costs incurred by the injured insurer or personal representative in the principal personal injury or wrongful death action.
Patron - Byron

F HB1481

Exemplary damages for persons injured by intoxicated drivers. Provides that a person is liable for exemplary damages if he causes injury or death while driving with a blood alcohol content of 0.15 percent notwithstanding his lack of knowledge of his intoxication. Currently, in order to be liable, he must reasonably know that he has consumed too much alcohol to drive safely.
Patron - McDonnell

F HB1484

Medical malpractice; hearing. Requires all parties to attend and participate when a medical review panel hearing is held on a claim referred to the panel.
Patron - Spruill

F SB216

Limitation on recovery in medical malpractice actions; limitation on noneconomic damages. Strikes the previously scheduled increases in the medical malpractice recovery cap that were to occur in 2005, 2006, 2007, and 2008. Current law provides, pursuant to the struck language, for the $1.5 million cap to increase by $50,000 each year from 2000 to 2006 and to increase by $75,000 in 2007 and 2008. Pursuant to this provision, the last increase would be $50,000 in 2004. The bill also establishes a $500,000 limitation on noneconomic damage awards in medical malpractice suits, i.e., pain and suffering awards. This provision also provides that, for the purposes of applying this limitation, future noneconomic damages will not be discounted to present value. Further, if separate awards are rendered for past and future noneconomic damages and the combined awards exceed $500,000, the future noneconomic damages will be reduced first. Juries will not be informed about the maximum award for noneconomic damages. "Noneconomic damages" includes physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, and other related nonpecuniary losses. This bill is incorporated into SB 601.
Patron - Potts

F SB414

Inadequate damages; additur. Amends the provision that allows the court to find as a matter of law that the damages awarded by the jury are inadequate and award a new trial or require the defendant to pay an amount in excess of the verdict to state that the provision applies only upon request of a party.
Patron - Stolle

F SB415

Medical malpractice; limit on attorney fees. Provides that beginning with medical malpractice actions accruing on or after July 1, 2004, attorney fees shall be limited in accordance with the following fee schedule: 40 percent of the first $50,000 of the sum recovered; 33 and one-third percent of the next $50,000 recovered; 25 percent of the next $500,000 recovered; and 15 percent of any amount greater than $600,000 of the sum recovered. The bill applies the percentage limitations to the sum recovered by the plaintiff through trial, settlement, or arbitration, less the expenses related to the action but including any liens for medical care or treatment. On application of the attorney, and with notice to the plaintiff, the court in which the action is pending may adjust the compensation that would be awarded by the fee schedule on the basis of specific factors, including the extent to which the sum recovered, less any legal fees, compensates the plaintiff for his damages. This bill is incorporated into SB 601.
Patron - Newman

F SB557

Newspapers; legal notices. Requires that in order for a legal notice published in a newspaper to meet the statutory standard, it must be published in the Commonwealth. A newspaper shall be deemed published in the Commonwealth if it maintains its principal office in the Commonwealth for the purposes of gathering news, soliciting advertisements and determining the newspaper's form and content, and if it is printed in the Commonwealth. There is an exception for general circulation areas where there is no newspaper published in the Commonwealth.
Patron - Devolites

F SB665

Communications privilege. Provides that in both civil and criminal proceedings persons defined as domestic violence or sexual assault advocates and persons translating the communications between advocates and victims may not disclose oral or written communications between advocate and victim or be compelled to testify or provide any evidence regarding any such oral or written communications. The privilege does not extend to testimony or reporting requirements in matters relating to child or adult abuse and neglect, nor does it extend to potentially exculpatory information or materials that an attorney for the Commonwealth is required to disclose in a criminal case.
Patron - Mims

Carried Over

C HB296

Civil remedies; Virginia Prisoner Litigation Reform Act. Excepts from the provisions of the Act cases claiming physical or sexual assault, rape, or sexual abuse.
Patron - Ware, R.L.

C HB352

Privilege as to marital communications. Provides that spoken or written marital communications are completely privileged from disclosure, under a privilege held by both spouses which continues after the marriage is dissolved, except in cases where either spouse is charged with a crime or tort against each other or against the child of either spouse. Under current law, a spouse may disclose otherwise privileged marital communications so long as the disclosure is by a means other than examination in the action or testimony.
Patron - Johnson

C HB495

Physician summons. Requires the party requesting issuance of a summons for a physician who has rendered health care to a plaintiff to pay the physician's costs and expenses incurred in responding to the summons, including fees and costs associated with health care services that were cancelled or rescheduled. The requirement encompasses summonses to trial, a medical malpractice review panel, or a discovery deposition.
Patron - Kilgore

C HB948

Judgment debtors; abbreviated social security numbers. Provides that only the last four digits of the social security number of the judgment debtor shall appear on a copy of a docketed judgment, a writ of fieri facias and any attachments thereto, or a garnishment summons.
Patron - Howell, A.T.

C HB958

Wrongful death; beneficiaries. Provides that where the decedent in a wrongful death action died testate, any wrongful death award shall be distributed in accordance with the provisions of that will.
Patron - Barlow

C HB1113

Limitation on recovery from public transportation operators. Limits damages in suits for personal injuries to, or death of, a person caused by a Virginia public transportation operator, that are not otherwise barred by the doctrine of immunity, to $2 million. The bill defines "public transportation operator" as a political subdivision pursuant to § 15.2-2701 or any other entity, which also (i) provides transportation services to the general public on Virginia's roads; and (ii) is funded in whole or in part by public funds. The bill does not affect any defense of immunity applicable to a public transportation operator.
Patron - Weatherholtz

C HB1128

Product liability; rebuttable presumption. Creates a rebuttable presumption that a product is not defective if the product meets applicable state and federal standards prior to sale and if there is no practicable alternative that would have prevented the harm without impairing the use or desirability of the product or creating an equal or greater risk of harm to others.
Patron - McDonnell

C HB1251

Limitations of actions; immunity for employers providing on-site day care. Makes employers that establish a child-care facility that is to be used primarily by the children of its employees at the employment site immune from liability for civil damages for any acts or omissions related to the care, supervision or discipline of the children at the facility. Immunity attaches so long as the acts or omissions are within the scope of employment and are made in good faith, except where the acts or omissions result from gross negligence or willful misconduct.
Patron - Baskerville

C HB1325

Offer of judgment. Creates in civil actions provisions for an offer of judgment similar to that contained in the Federal Rules of Civil Procedure, except that either the defending or prosecuting party may make an offer. A party may offer, no later than 10 days before trial, to have judgment taken against him or an award entered for him. If the adverse party accepts, the court enters judgment. If the offer is rejected, and the trial results are not more favorable to the offeree than the offer, the court may deny the offeree recovery of its post-offer costs, and the court may order the offeree to pay the offeror's costs from the time of offer. For the purposes of the statute, costs shall include expert witness fees; court reporter appearance fees; fees for transcripts; travel expenses for attorneys, fact witnesses and expert witnesses; fees for service of process; filing fees; and cancellation fees charged by expert witnesses.
Patron - Marrs

C HB1421

Tort claims; notice to cities and towns. Repeals the specific requirements for notifying cities and towns of tort claims against them.
Patron - Stump

C SB49

Prisoner Litigation Reform Act. Provides that cases claiming actual physical or sexual assault, rape or sexual abuse are not subject to the Act. The Act was enacted in 2002 and provides procedures for pro se civil actions brought by prisoners incarcerated in state and local correctional facilities.
Patron - Marsh

C SB141

Nonsuits. Provides that a party shall not be allowed to suffer a nonsuit unless he does so on or before a date that is at least 14 days prior to the trial date. Under current law, a plaintiff may suffer one nonsuit of right at any point before the court sustains a motion to strike the evidence, before the jury retires, or before the action has been submitted to the court for decision.
Patron - Cuccinelli

C SB481

Deadman's Statute. Increases the amount of evidence that is admissible when a party to a lawsuit is incapable of testifying. The bill provides that the statute does not apply if an interested witness testifies on behalf of the party who is incapable of testifying, replaces the current corroboration requirement with an assessment of the credibility of all evidence presented and clarifies that the blanket hearsay exception currently in the statute will apply only when the survivor offers testimony about the transaction. This bill is a recommendation of the Boyd Graves Conference.
Patron - Obenshain

C SB645

Real estate taxes; alternative payment schedules. Permits local governing bodies to provide to the elderly and handicapped, by ordinance, alternative payment schedules for the payment of real estate taxes. Such alternatives may include monthly, bimonthly, quarterly, or semiannual installments.
Patron - Colgan

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