General Assembly>Division of Legislative Services>Publications>Session Summaries>2007>Civil Remedies and Procedure


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Civil Remedies and Procedure

Passed

P HB 1723

"Year 2000" references. Repeals civil liability and damage provisions that were enacted in 1999 in anticipation of "Year 2000" conversion problems.
Patron - Peace

P HB 1735

Nonsuits; notice required. Provides that in addition to the first nonsuit that may be taken as a matter of right, the court may allow additional nonsuits in a cause of action upon reasonable notice to counsel of record for all defendants and upon a reasonable attempt to notify any unrepresented party. Currently, there is no requirement that such notice be provided if a court chooses to allow additional nonsuits. The bill also provides that, when suffering a nonsuit, the party shall inform the court if the cause of action has been previously nonsuited. A court order allowing an additional nonsuit shall indicate the number and dates of any previous nonsuits as well as the court in which any previous nonsuit was taken. As introduced, this was a recommendation of the Boyd-Graves Conference. This bill is identical to SB 911.
Patron - Fralin

P HB 1787

Civil immunity; recycling duties. Provides civil immunity for public officials and private volunteers from a lawsuit by probationers who are assigned recycling duties at landfills, garbage transfer sites, and other public waste disposal systems.
Patron - Kilgore

P HB 1797

Effect of covenant not to sue. Applies § 8.01-35.1 (effect of release or covenant not to sue) to all injuries to persons or property or wrongful death and removes the limiting tort language.
Patron - Griffith

P HB 1840

Lead-based paint report; tenant. Requires a landlord or property owner to notify the tenant in writing that the full lead-based report is available upon request.
Patron - Kilgore

P HB 1899

Legal notices or publications; newspapers. Provides that a newspaper that does not have a second-class mailing permit does not need to have a bona fide list of paying subscribers before the circuit court for the jurisdiction in which the newspaper is located can grant the authority for the newspaper to publish ordinances, resolutions, notices, or advertisements required by law to be published in a newspaper. Currently, such newspapers are required to have a bona fide list of paying subscribers before such authority can be granted. This bill is identical to SB 970.
Patron - Albo

P HB 1922

Change of venue by court; who may bring motion. Allows any party to move the court for a change of venue and any party to oppose such motion. Also states that the standard of good cause shown for such motion shall include an attempt to comply with the laws of another state or the United States.
Patron - Griffith

P HB 2415

Certification of expert witnesses; service of process; medical malpractice. Clarifies that when the plaintiff requests service of process or requests the defendant to accept service of process, he is certifying that he has obtained an expert opinion that the defendant deviated from the applicable standard of care. The certifying expert's identity or qualifications shall not be discoverable.
Patron - Athey

P HB 2419

Civil remedies; subpoena served upon judicial officer. Provides that any subpoena that is served less than five calendar days before appearance is required has no legal force or effect, unless it was issued by a judge, when it is served upon any judicial officer, including judges, court clerks, magistrates, or other persons having the power to issue warrants, who is generally incompetent to testify.
Patron - Kilgore

P HB 2425

Right to remove case to circuit court eliminated. Eliminates the right to remove an action from the general district court to the circuit court. An appeal bond is required to be posted within 30 days of judgment except for an appeal of an unlawful detainer.
Patron - Griffith

P HB 2521

Discontinuance for failure to serve process. Provides that a court may order that an action be discontinued if process has not been served within one year. The clerk of the court shall give notice to the plaintiff 30 days before ordering the discontinuance to provide him an opportunity to show that service was timely effected or that due diligence was exercised to have service timely effected. If such a showing is made, the case will remain on the court's docket. This bill shall not apply to asbestos litigation.
Patron - Iaquinto

P HB 2528

Garnishment; child support payments. Provides that child support payments received by a parent for the support of a child in his custody are not subject to garnishment. This bill does not affect the ability to garnish the income of a child support obligor. A depository wherein child support payments have been deposited has no obligation to determine what portion of the deposits are subject to garnishment.
Patron - Iaquinto

P HB 2647

Civil remedies; persons under disability; incarcerated persons. Provides that a person for whom a committee is appointed is not deprived of the capacity to make a will and, unless and until a committee is appointed, shall continue to have the same capacity, rights, powers, and authority over his estate, affairs, and property that he had prior to such conviction and sentencing.
Patron - Jones, S.C.

P HB 2659

Writ to recover property; posting on door. Allows the sheriff, in cases of unlawful entry and detainer and of ejectment, to post a copy of a writ of judgment to recover specific property on a party's door to effectuate service of process.
Patron - Marsden

P HB 3090

Privileged communications; physician peer review and physician accreditation entities. Clarifies that privilege attaches to the proceedings, minutes, records, and reports of a quality assurance, quality of care, or peer review committee of a national or state physician peer review entity or physician accreditation entity.
Patron - Albo

P HB 3127

Civil remedies; when personal jurisdiction over person may be exercised. Grants personal jurisdiction over a nonresident in all cases in which a local tax, fine, penalty, interest, or similar charge is owed by the nonresident. Currently, the "long-arm" statute establishes jurisdiction over a nonresident who has incurred a tangible personal property tax liability.
Patron - Kilgore

P HB 3184

Spaceflight Liability and Immunity Act; corporate tax exemptions for spaceflight entities. Grants immunity to spaceflight entities providing spaceflight activities to any participant in a suborbital flight. Spaceflight entities are required to distribute warning statements to all participants notifying them of their immunity from civil suit. The Act does not provide immunity from gross negligence, situations where the spaceflight entity has actual knowledge of a dangerous condition, or intentional injuries to the participant. The bill also provides that the provisions of the Act shall expire on July 1, 2012.
Patron - Kilgore

P SB 911

Nonsuits; notice required. Provides that in addition to the first nonsuit that may be taken as a matter of right, the court may allow additional nonsuits in a cause of action upon reasonable notice to counsel of record for all defendants and upon a reasonable attempt to notify any unrepresented party. Currently, there is no requirement that such notice be provided if a court chooses to allow additional nonsuits. The bill also provides that, when suffering a nonsuit, the party shall inform the court if the cause of action has been previously nonsuited. A court order allowing an additional nonsuit shall indicate the number and dates of any previous nonsuits as well as the court in which any previous nonsuit was taken. As introduced, this was a recommendation of the Boyd-Graves Conference. This bill is identical to HB 1735.
Patron - Obenshain

P SB 912

Contradiction of witness; extrajudicial recordings. Excepts recordings made at the time of the wrongful act or negligence from those extrajudicial statements that cannot be used to contradict a witness.
Patron - Obenshain

P SB 913

Notice of claim; government entity. Changes the structure of the notice of claim against the Commonwealth or a transportation district and states that when notice is challenged under the statute, the claimant must prove receipt of notice and not just that notice was mailed. Also extends the notice of claim for tort claims to counties, cities and towns.
Patron - Obenshain

P SB 970

Legal notices or publications; newspapers. Provides that a newspaper that does not have a second-class mailing permit does not need to have a bona fide list of paying subscribers before the circuit court for the jurisdiction in which the newspaper is located can grant the authority for the newspaper to publish ordinances, resolutions, notices, or advertisements required by law to be published in a newspaper. Currently, such newspapers are required to have a bona fide list of paying subscribers before such authority can be granted. This bill is identical to HB 1899.
Patron - Howell

P SB 1183

Civil actions brought by private persons benefiting Commonwealth; medical payments by Commonwealth; false claims; statute of limitations. Removes motion for judgment language and replaces it with complaint language in actions under Article 19.1 (§ 8.01-216.1 et seq.) of Chapter 3 of Title 8.01. The bill also increases the minimum (to $5,500) and maximum (to $11,000) amount of a civil penalty for making a false claim to or attempting to defraud the Commonwealth. The bill also states that a violator of § 8.01-216.3 shall be liable for reasonable attorney fees and costs associated with maintaining a civil action under § 8.01-216.3. Such fees and costs are to be paid to the Attorney General's Office. The bill also includes civil actions brought by the Attorney General based on a false claim made to the Commonwealth (§ 8.01-216.4) under § 8.01-216.9, the statute promulgating the procedure for maintaining such action and the statute of limitations that would apply to such action. The bill also provides that civil fraud actions brought by the Commonwealth to recover medical payments or benefits provided directly or indirectly by the Commonwealth must be brought within six years of the date on which the violation was committed, or within three years after the fraud was discovered or reasonably should have been discovered. An action cannot be brought more than 10 years after the fraud occurred regardless of when it was discovered.
Patron - Williams

P SB 1250

Immunity of citizens at public hearings. Provides that any citizen appearing at a public hearing before the governing body of any locality or other political subdivision, or the boards, commissions, agencies and authorities thereof, and other governing bodies of any local governmental entity shall be immune from a civil liability for a violation of § 18.2-499 (willful and malicious injury to another's reputation, trade, business, or profession), or a claim of tortious interference with an existing contract or a business or contractual expectancy, arising from a citizen's statements concerning matters properly before the governing body. This bill incorporates SB 858.
Patron - Herring

Failed

F HB 1663

Constitutional rights; invocation in domestic relations cases. Provides that the invocation of a constitutional right in a civil action brought under Title 20 may be used against the party invoking this right. The effect will be to revive the application of the "sword and shield" doctrine in civil actions brought under Title 20. Currently, parties in divorce cases are able to invoke their right against self-incrimination, typically in response to allegations of adultery, without an adverse inference being drawn against them.
Patron - Marshall, R.G.

F HB 1788

Medical records; itemized list of charges; no fee. Provides that a party can request and the facility shall produce, if available, an itemized list of charges and such facility shall not charge a copying fee. Also allows for a record to be produced as PDF file and a maximum $10 search and handling fee.
Patron - Kilgore

F HB 1789

Landlord and managing agent immunity for mold claims. Provides immunity for landlords and managing agents if they are in compliance with the Virginia Residential Landlord and Tenant Act. Managing agents can be held liable for affirmative acts of negligence. Any party who pleads a defense pursuant to this immunity shall be entitled to a hearing on the merits after limited discovery and before adjudication of the underlying claim.
Patron - Kilgore

F HB 1902

Nonsuits; requirements of nonsuiting party. Requires the nonsuiting party to notify the court if the action has been previously nonsuited and include in the order the date of the previous nonsuit and jurisdiction it was taken in. This bill was incorporated into HB 1735.
Patron - Albo

F HB 2063

Admissibility of expressions of sympathy; civil actions. Provides that expressions of sympathy made by a defendant or an agent of a defendant to the plaintiff, a relative of the plaintiff, or his representative are inadmissible in any civil action as evidence of an admission of liability or of an admission against interest. Current law provides that such expressions are inadmissible only in wrongful death and medical malpractice cases.
Patron - Cox

F HB 2244

Unlawful detainer actions; tenant's intent to cause injury. Provides for a shorter period of time (15 days) for an initial hearing on an unlawful detainer action filed to terminate a tenancy pursuant to the Virginia Residential Landlord Tenant Act, where the plaintiff files a sworn affidavit stating (i) that the tenant has prior knowledge that he unlawfully detaining the plaintiff's property, and (ii) that the tenant is maliciously and willfully continuing the unlawful detainer intending to injure the plaintiff.
Patron - Howell, A.T.

F HB 2403

Expert witness certifications. Clarifies that a plaintiff in medical malpractice actions and wrongful death actions brought against a health care provider must provide an expert witness certification against each defendant in an action involving multiple defendants. The bill also provides that a defendant may request an in-camera review of the basis of the plaintiff's certification and that the court may dismiss the action with prejudice or impose sanctions against the plaintiff if the court finds that the certification is not consistent with the requirements for such certifications.
Patron - Athey

F HB 2416

Exceptions to immunity of physicians; nurse practitioner or physician assistant orders test. Adds to the exceptions to physician immunity for laboratory tests the physician did not order tests that were ordered by a nurse practitioner or physician assistant with whom he or another physician in his office had established a relationship with in writing. Such physician must have been provided the results of the test and failed to provide the same to the nurse practitioner or physician assistant for the exception to apply.
Patron - Athey

F HB 2430

Garnishment summons; claims of exemption. Provides that the garnishee is not required to determine whether any funds held on behalf of a judgment debtor are subject to a claim of exemption. The responsibility to claim any exemption rests with the judgment debtor pursuant to § 8.01-512.4.
Patron - Albo

F HB 2435

Lawful immigration status in order to obtain domicile in the Commonwealth. Prevents an alien not lawfully in the United States from obtaining legal domicile in the Commonwealth.
Patron - Albo

F HB 2478

Wrongful Incarceration Fund; fees. Creates the Wrongful Incarceration Fund, a special nonreverting fund consisting of such moneys appropriated by the General Assembly and fees assessed against each attorney and full-time judge in the Commonwealth. Moneys in the Fund shall be available for compensation for wrongful incarceration. The annual fee shall be set by the General Assembly.
Patron - Crockett-Stark

F HB 2495

Notice of prior nonsuits. Provides that a party who seeks to take a nonsuit in any cause of action or claim shall inform the court concerning whether the action has been previously nonsuited and further requires that any court order granting a subsequent nonsuit must include language reflecting the date of any previous nonsuits and the courts in which they were taken. This bill also provides that a court can only allow nonsuits, in addition to the one nonsuit allowed as a matter of right in subsection B of § 8.01-380, upon giving reasonable notice to counsel of record for all defendants and upon making reasonable attempts to contact any unrepresented parties. This bill was incorporated into HB 1735.
Patron - Albo

F HB 2529

Use of depositions before the juvenile and domestic relations district courts. Allows any party to use a deposition of any witness if that witness is dead, greater than 100 miles from the hearing place, unable to attend due to illness, otherwise unavailable, or a judge or other person in official office. The bill mirrors the language of Virginia Supreme Court Rule 4:7.
Patron - Iaquinto

F HB 2589

Closely held corporations; pro se representation. Allows a closely held corporation to be represented by an officer or an employee pro se before the general district courts if the amount in controversy is $4,500 or less. Defines closely held corporation as a corporation, the stock of which is held by no more than 10 people and has not been and is not planned to be publicly offered.
Patron - Janis

F HB 2685

Accrual of right of action; product liability cases. States that in any action based on product liability, the accrual date is either the date of the injury or the date the company or manufacturer publicizes the defect, whichever is last to occur.
Patron - Frederick

F HB 2958

Tolling of limitations; civil matter arising from criminal prosecution. Provides that the statute of limitations will not run during a criminal prosecution if the cause of action arises from events related to the criminal prosecution. Also prohibits the prosecuted party from bringing the action during the criminal proceeding.
Patron - Bell

F HB 2977

Distribution of damages awarded in wrongful death action. States that an award in a wrongful death action shall be distributed to the decedent's estate and dispersed as if it were any other asset. Currently, § 8.01-53 sets out classes of beneficiaries and allows the fact finder or court to establish eligibility.
Patron - Bell

F HB 3126

Civil remedies; service on Commissioner of the Department of Motor Vehicles as agent for nonresident motor vehicle operator. Provides specific authority for the service of process upon the DMV Commissioner when a nonresident operating a motor vehicle in the Commonwealth has violated a provision of Title 46.2 or a parallel local ordinance. Currently, this authority exists only if the nonresident is involved in an accident.
Patron - Kilgore

F HB 3186

Access to firearms; civil liability. Establishes a cause of action against a person who leaves an unsecured firearm where it is accessible by persons who suffer from mental illness or mental retardation or who are prohibited by law from possessing a firearm and if such a person then uses the firearm to threaten, injure, or kill another party. Liability only attaches if it is shown that the liable party knew or reasonably should have known about the condition of the persons having access to the firearm.
Patron - Sickles

F HB 3194

Civil immunity; persons speaking at certain public hearings. Provides that any person appearing at a public hearing called by the governing body of a locality or political subdivision, or an agency, authority, board, commission, or other governmental entity shall not be liable for any civil damages for a claim for violation of § 18.2-499 (conspiracy to injure another in trade, business, or profession), for a claim for tortious interference with a business or contractual expectancy, or for statements made in bad faith or with malicious intent resulting from the exercise of his right to speak on matters before a governing body.
Patron - Ware, R.L.

F HB 3204

Opinion testimony by experts; hearsay exception. Opinion testimony by experts.
Patron - Armstrong

F HB 3209

Fees for copies of records; no charge for copy of bills. States that no patient, patient's attorney, patient's executor or administrator, or an authorized insurer shall be charged a fee for copies of health care provider bills.
Patron - Griffith

F SB 858

Strategic lawsuits against public participation; summary dismissal. Provides that in cases where the right to petition under the Virginia or United States Constitution is invoked as a defense, counterclaim, or cross-claim, a lawsuit brought maliciously and with the intent to harass the party invoking the right to petition may be subject to dismissal. Courts are also given the authority to impose sanctions on the parties bringing such lawsuits. This bill was incorporated into SB 1250.
Patron - Reynolds

F SB 1009

Civil actions; docketing for trial. Provides that civil actions, except requests for default judgments and determination of damages in such cases and domestic relations cases brought under Chapter 11 of Title 16.1 or under Title 20, cannot be set for trial for at least six months after service of process is made on all defendants unless the parties to the action agree otherwise or good cause is shown that the trial should proceed at an earlier date.
Patron - Saslaw

F SB 1070

Garnishment summons; claims of exemption. Provides that the garnishee is not required to determine whether any funds held on behalf of a judgment debtor are subject to a claim of exemption. The responsibility to claim any exemption rests with the judgment debtor pursuant to § 8.01-512.4.
Patron - McDougle

F SB 1126

Property damage or personal injury; parental liability. Establishes that parents have a duty to exercise reasonable care so as to control their child and, if this duty is not fulfilled, parents may be held liable to the full extent of property damage or personal injury caused through the actions of the child. Current law caps parental liability at $2,500 for damage to public or private property.
Patron - Norment

F SB 1198

Commonwealth's lien for payment of medical services; reduction. Provides that in the event that the Commonwealth's lien against any recovery from a third party obtained by an injured person whose medical costs were paid in whole or in part by the Commonwealth is compromised under § 2.2-514, this lien shall be reduced by an amount proportionate to the costs, expenses, and attorney fees incurred by the injured person.
Patron - Edwards

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2007>Civil Remedies and Procedure

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