Civil Remedies and Procedure Passed HB18 Suit by minor's next friend. Allows either or both parents to sue on behalf of a minor as his next friend. Currently, Virginia practice recognizes the need for only one parent or other person to bring the suit. Patron - Mims HB277 Virginia Tort Claims Act. Provides that civil actions may not be brought against the state based upon the failure of a state agency computer, software program, database, network, or information system to interpret, produce, calculate, generate or account for a date which is compatible with the "Year 2000" date change. The bill includes a sunset provision (July 1, 2003). The bill is a recommendation of the Joint Commission on Technology and Science. Patron - May HB560 Jury duty. Exempts superintendents and jail officers of regional jails from jury duty. Patron - Davies HB566 Approval of compromises on behalf of persons under a disability in suits or actions to which they are parties. Revises the A. M. Best rating criterion for selection of an insurance company for periodic payments in the compromise of personal injury claims involving persons under a disability from A+ (A plus) to A+ (A plus) or better to reflect the addition of that rating by Best. SB 105 is identical. Patron - Woodrum HB622 Filing of habeas corpus petitions in capital cases. Provides that, notwithstanding the time restrictions otherwise applicable to the filing of a petition for a writ of habeas corpus, an indigent prisoner may file such a petition within 120 days following appointment of counsel to represent him. This corrects the problem which arises when an appointment is not timely made and counsel's period for preparation is shortened. Patron - Woodrum HB635 Uniform Arbitration Act. Provides that a party may apply to have an award confirmed at any time after the award is made and specifies that the application be made by filing a petition or in response to a petition to confirm the award. Patron - Armstrong HB777 Service of process on foreign defendants by service on Secretary of Commonwealth. Requires that service of process on foreign defendants over whom the court has personal jurisdiction shall be by, at a minimum, certified mail. (The bill also makes that change for Virginia defendants who, despite a plaintiff's due diligence, cannot be found.) Current law allows such service by ordinary mail (via the Secretary of the Commonwealth); however, the Court of Appeals of Maryland (the state's highest court) in Miserando v. Resort Properties, Inc., held that service by ordinary mail by a Virginia plaintiff upon a Maryland defendant did not satisfy minimum due process requirements. Current practice raises the question whether Virginia process will be given full faith and credit in Maryland; the bill would meet that court's minimum due process requirement for service (that which is now required by 48 states). The bill also raises the fee collectible by the Secretary of the Commonwealth for such service from $15 to $19 to account for the additional cost ($2.45) of certified mail, return receipt requested. Patron - Deeds HB791 Lien for medical services. Removes the provision which allows service of a medical bill to create a lien. The lien may only be created by service of a written notice of lien. Patron - Phillips HB961 Revision of civil verdict. Provides that if either party does not agree with additur or remittitur as submitted by the other party or recommended by the court, the court shall grant a new trial. Patron - Robinson HB1003 Virginia Tort Claims Act; inmate claims. Eliminates the requirement that inmate grievance procedures be certified by the United States Attorney General. Currently some inmate claims are exempt from the provisions of the Tort Claims Act if they meet the standards under the institutional grievance procedures which require such certification. Recent changes in the federal law eliminated the certification that such grievance procedures meet minimal federal standards. Patron - Baker HB1106 Habeas corpus. Requires that a petition for writ of habeas corpus ad subjiciendum in noncapital cases, other than a petition challenging a criminal conviction or sentence, be brought within one year after the cause of action accrues. A habeas corpus petition attacking a criminal conviction or sentence in noncapital cases must be filed within two years of the date of final judgment in trial court or one year from either final disposition of the direct appeal in state court or the time for filing the appeal has expired, whichever is later. Patron - Baker HB1113 Immunity for ski patrol emergency assistance. Provides that any member of a ski patrol who renders emergency care to an injured or ill person and any ski resort owner who provides a ski patroller to assist in such emergency care shall be immune from civil liability in the absence of gross negligence or willful misconduct. Identical to SB 265. Patron - Armstrong HB1144 Exemplary damages for persons injured by intoxicated drivers. Provides that when a DUI defendant has unreasonably refused to submit to a test of his blood alcohol content, his conduct shall be deemed sufficiently willful or wanton as to show a conscious disregard for the rights of others and shall give rise to an action for exemplary damages when the evidence proves that (i) when the incident causing the injury or death occurred, the defendant was intoxicated, (ii) at the time the defendant was drinking alcohol, he knew that he was going to operate a motor vehicle and (iii) the defendant's intoxication was a proximate cause of the injury to or death of the plaintiff or plaintiff's decedent. Patron - Moran HB1145 Service of garnishments on corporations. Allows service of process upon officers, designated employees or managing employees of the corporation. The designation of an employee to be served must be filed with the State Corporation Commission. Service may be made upon the clerk of the State Corporation Commission or registered agent of the corporation only after the judgment creditor files with the court a certificate that due diligence failed to locate an officer, designated or managing employee or other person authorized to accept service. A prohibition on service on the judgment debtor who happens to be a designated or managing employee is included. A 1997 amendment limited service of such process upon the registered agent. Identical to SB 237. Patron - Moran HB1267 Appeal from judgment of general district court. Provides that a local public transportation district is not required to post an appeal bond when it appeals a decision of a district court to a circuit court. Patron - Crittenden HB1378 Assisted suicide. Provides that any person who intentionally and knowingly assists another to commit or attempt to commit suicide by providing the physical means or otherwise participating in a facilitating physical act may be civilly liable for damages and may be enjoined. The injunction may be sought by specified family members, by a Commonwealth's attorney or by the Attorney General. Additionally, a health care provider who is found liable or is enjoined will have his professional license permanently revoked. Patron - McDonnell HB1403 Disposal of exhibits in civil cases. Provides that the notice from a clerk of court to an owner or attorney prior to the disposal or donation of exhibits used in a concluded civil case may be made by first class mail rather than certified mail, return receipt requested. The bill also provides that the exhibits may be donated or destroyed if a contrary response to the notice is not received by the clerk within 21 days of the mailing of the notice, rather than receipt as under current law. Finally, the bill requires that the clerk wait until the time to request a rehearing has expired before destroying or donating the exhibits. Currently, the clerk must wait until the time for filing an appeal has expired. Patron - McDonnell SB105 Approval of compromises on behalf of persons under a disability in suits or actions to which they are parties. Revises the A. M. Best rating criterion for selection of an insurance company to require that periodic payments under a compromise agreement in a personal injury case involving persons under a disability be placed in A+ (A plus) funds or better, reflecting the addition of an A++ rating by Best. Currently A+ funds are the highest rating required by law. This bill is identical to HB 566. Patron - Martin SB196 Additional jurors. Allows twice as many veniremen to be drawn as additional jurors needed to assure that a sufficient number of jurors remain after the parties utilize their peremptory challenges. Under current law, if four additional jurors are sought, six veniremen would be drawn, but if each party exercises his two peremptory challenges, only two additional jurors would be available. This bill is recommended by the Judicial Council. Patron - Gartlan SB265 Immunity for ski patrol emergency assistance. Provides that any member of a ski patrol who renders emergency care to an injured or ill person and any ski resort owner who provides a ski patroller to assist in such emergency care shall be immune from civil liability in the absence of gross negligence or willful misconduct. Identical to HB 1113. Patron - Reynolds SB327 Service of garnishments on corporations. Returns provision for service of garnishments on corporations to substantially the same language existing before last year's change. The 1997 amendment limited service of such process upon the registered agent. This amendment restores prior law allowing garnishment summonses to be served on corporate officers and directors but also allows such service on an employee designated by the corporation, and if none then on any managing employee. Identical to HB 1145. Patron - Newman SB343 Docketing judgments; name change of debtor. Makes the provisions for docketing a judgment in a debtor's new name consistent, no matter what method the clerk uses in his office to docket such name changes (e.g., microphotographic process or hard copy paper notations). Patron - Stolle SB414 Attorney-physician communications. Creates exceptions to the statutory ban on any communication between attorneys and practitioners of the healing arts. The current ban excepts communications made in the course of discovery. The added exceptions are intended to facilitate litigation while maintaining confidentiality. The bill is recommended by the Boyd-Graves Conference. Patron - Mims SB629 Immunity for those rendering emergency care to animals. Provides that persons who in good faith provide care or treatment to animals at the scene of an accident or emergency are not liable for injuries to such animals resulting from such care or treatment. Patron - Forbes SB648 Prisoner litigation reform. Provides a statute of limitations of one year (or six months following exhaustion of administrative remedies, whichever is later) for actions, including mandamus and habeas corpus, brought by or on behalf of prisoners and clarifies that prisoners are subject to frivolous claims sanctions. The Director of the Department of Corrections has the duty of collecting court debt. Patron - Mims Failed HB32 Service of garnishments on corporations. Returns provision for service of garnishments on corporations to that language existing before last year's change. The 1997 amendment limited service of such process upon the registered agent. This amendment restores prior law allowing garnishment summonses to be served on corporate officers and directors as well. This bill is incorporated into HB 1145. Patron - Woodrum HB523 Service of garnishment summonses on bank corporations. Allows garnishment summonses to be served upon bank corporation officers. Currently, only registered agents of corporations may accept service of garnishment summonses. This bill is incorporated into HB 1145. Patron - Armstrong HB536 Authority to direct placement of personal property removed from recovered rental premises. Provides that if no designated storage area is available for placement of personal property removed from rental property upon an execution of a writ of possession, the sheriff may, upon request of the person entitled to possession of the premises, allow the property to remain upon the premises or be removed to the public streets. Patron - Jones, J.C. HB597 Service of garnishments on corporations. Returns provision for service of garnishments on corporations to that language existing before last year's change. The 1997 amendment limited service of such process upon the registered agent. This amendment restores prior law allowing garnishment summonses to be served on corporate officers and directors as well. This bill is incorporated into HB 1145. Patron - Cantor HB643 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 HB661 Service of garnishments on corporations. Returns provision for service of garnishments on corporations to that language existing before last year's change. The 1997 amendment limited service of such process upon the registered agent. This amendment restores prior law allowing garnishment summonses to be served on corporate officers and directors as well. This bill is incorporated into HB 1145. Patron - Baker HB911 Service of garnishments on corporations. Returns provision for service of garnishments on corporations to that language existing before last year's change. The 1997 amendment limited service of such process upon the registered agent. This amendment restores prior law allowing garnishment summonses to be served on corporate officers and directors as well. This bill is incorporated into HB 1145. Patron - Ruff HB926 Collateral source rule. Codifies the collateral source rule for medical expenses and provides that the amount of expenses incurred is to be determined without regard to any discount which the payor of the benefit may have negotiated with a person other than the plaintiff or the decedent. Patron - Cranwell HB1036 Service of garnishments on corporations. Returns provision for service of garnishments on corporations to that language existing before last year's change. The 1997 amendment limited service of such process upon the registered agent. This amendment restores prior law allowing garnishment summonses to be served on corporate officers and directors as well. This bill is incorporated into HB 1145. Patron - Wagner HB1096 Civil immunity; canoe and kayak rental/guide services. Immunizes canoe and kayak rental and guide services from civil liability except in cases of gross negligence or willful misconduct. Civil immunity does not attach to such services unless they (i) provide each participant with a personal flotation device and (ii) disclose, on a written form signed by the participant, the inherent risks of using a canoe or kayak and the limitations of liability set forth in this bill. Patron - Katzen HB1296 Approval of compromises on behalf of persons under a disability in suits or actions to which they are parties. Revises the A. M. Best rating criterion for selection of an insurance company to require that periodic payments under a compromise agreement in a personal injury case involving persons under a disability be placed in at least A+ (A plus) funds, reflecting the addition of the A++ rating by Best. Currently A+ funds are the highest rated. This bill is incorporated into HB 566. Patron - Dudley HB1313 Disclosure of information regarding employee or former employee. Provides that an employer not acting in bad faith may not be held liable for disclosing information about job performance, professional conduct or the reason for termination of employment of an employee or former employee to a prospective employer of the employee or former employee. There is a rebuttable presumption of good faith unless there is clear and convincing evidence that the information was knowingly false, deliberately misleading or rendered with reckless disregard for the truth. This bill is incorporated into HB 907. Patron - Wilkins SB82 Civil procedure; those exempt from jury service. Grants general registrars and their full-time paid assistants and employees exemption from jury service, limiting the exemption to a period during 60 days prior to and 15 days following any election. Patron - Colgan SB102 Service of garnishments on corporations. Returns provision for service of garnishments on corporations largely to that language existing before the 1997 amendment. Last year's change limited service of such process upon the registered agent. This amendment restores prior law allowing garnishment summonses to be served on corporate officers, directors and managing employees as well, and places all potential recipients of service on an equal footing. This bill was incorporated into SB 327. Patron - Edwards SB225 Approval of compromises on behalf of persons under a disability in suits or actions to which they are parties. Revises the A. M. Best rating criterion for selection of an insurance company for periodic payments in the compromise of personal injury claims involving persons under a disability from "A+" to "A+ or better" to reflect the addition of an "A++" (A plus plus) rating by Best. This bill is incorporated into SB 105. Patron - Edwards SB235 Service of garnishments on corporations. Returns provision for service of garnishments on corporations to that language existing before last year's change. The 1997 amendment limited service of such process upon the registered agent. This amendment restores prior law allowing garnishment summonses to be served on corporate officers and directors as well. This bill was incorporated into SB 327. Patron - Trumbo SB272 Employment references; employer liability. Provides civil and regulatory immunity to an employer who, acting in good faith, discloses to the prospective employer of an employee or former employee (i) information about an employee's job performance, or (ii) reasons for a former employee's employment termination. To qualify, the request for information about an employee or former employee must be in writing, and the information released in response must be documented in the employee's personnel file. The bill also establishes a rebuttable presumption of employer good faith unless a preponderance of the evidence shows that the employer acted with malice, intentionally or recklessly disclosed false information, or disclosed information protected under a nondisclosure agreement that is confidential under federal or state law. This bill was combined with SB 474, along with SB 520. Patron - Ticer SB520 Defamation; former employers. Requires the plaintiff in an action alleging that a former employer gave false information to a prospective employer to prove by clear and convincing evidence that the defendant knew the information was false, and gave out the information with a reckless disregard for its truth or with intent to mislead. Currently, the plaintiff must establish his case by a preponderance of the evidence. Utah, Alaska, Colorado, North Carolina and Florida have similar provisions for job references. Attorney's fees may be awarded to any party who prevails in such an action. Incorporated in SB 474. Patron - Trumbo SB673 Civil immunity. Provides limited civil immunity for volunteers who drive motor vehicles for nonprofit organizations that provide transportation for disabled persons, elderly persons, and persons on welfare-related programs. Patron - Reynolds Carried Over HB14 Statute of limitations; legislative continuance. Specifically provides that the statute of limitations is tolled in any civil action during the period for which a legislative continuance as a matter of right is allowed or is granted pursuant to § 30-5. Patron - Melvin HB68 Scope of discovery. Provides that, upon filing a motion for change of venue, any information relevant to establishment of proper venue for an action is also properly within the scope of discovery under Rule 4:1(b). Patron - McEachin HB69 Civil procedure; evidence of medical records. Provides that provisions governing admissibility of medical records and reports in district court apply in a case removed or appealed to circuit court as well. Patron - McEachin HB508 Civil remedies; immunity. Prohibits strip searches of students by personnel of primary, middle and high schools. Patron - Hull HB524 Appointment of committee for a felon. Provides that where no conflict of interest results, any committee appointed for a felon may also serve as guardian ad litem and vice versa. This avoids the necessity of appointing two people to do a job one person can do. Patron - Armstrong HB572 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 medical malpractice review panel or the utilization review process. In addition, the medical malpractice liability cap does not apply to such actions. Patron - McEachin HB582 Local court rules. Limits the rules that circuit and district courts may prescribe to only those absolutely necessary to promote proper order and decorum and the efficient use of the courthouse and clerk's offices and invalidates any rule which is not so necessary. Reasonable docket management rules are excluded. Patron - Joannou HB736 Exemptions from jury service; voter registrars. Grants general registrars and their full-time paid assistants and employees exemption from jury service, limiting the exemption to a period during 60 days prior to and 15 days following any election. Patron - McQuigg HB767 Authority to direct placement of personal property removed from recovered rental premises. Provides that if no designated storage area is available for placement of personal property removed from rental property upon an execution of a writ of possession, the sheriff may, upon request of the person entitled to possession of the premises, allow the property to remain upon the premises or be removed to the public streets. Patron - Robinson HB824 Venue; local governments. Provides that Category A or preferred venue for actions against local government employees acting in their official capacities is the locality in which the injury occurred. Patron - Cox HB874 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 medical malpractice review panel or the utilization review process. In addition, the medical malpractice liability cap does not apply to such actions. Patron - Abbitt HB907 Defamation; former employers. Provides immunity from civil liability for an employer who, upon the request of a person's prospective or current employer, provides information regarding job performance, professional conduct or reasons for separation. Civil immunity does not apply if the employer acts in bad faith or with gross negligence. The bill defines terms used in the bill and applies to causes of action accruing on or after July 1, 1998. Patron - Sherwood HB979 Civil liability for illegal drug transactions. Specifically creates a statutory civil remedy for persons aggrieved by illegal use of controlled substances or marijuana. Patron - Kilgore HB1189 Merchant immunity. Provides that a merchant who sells an age-restricted product and in good faith relies on a false government-issued photo identification that a reasonable person would believe to be authentic, is immune from civil or criminal liability. Patron - O'Brien HB1241 Liens in favor of the Commonwealth for claim for personal injuries. Clarifies that the liens in favor of the Commonwealth, its programs, institutions or departments include liens for sums expended or owed by a health maintenance organization in rendering health care services to a person pursuant to a contract between the Department of Medical Assistance Services and such health maintenance organization. At this time, the Department of Medical Assistance Services operates two capitated managed care programs, i.e., Medallion II and Options. These two programs require contracting with private entities for delivery of care to Medicaid recipients, particularly health maintenance organizations. Patron - Cantor HB1255 Authority to direct placement of personal property removed from recovered rental premises. Provides that if no designated storage area is available for placement of personal property removed from rental property upon an execution of a writ of possession, the sheriff may, upon request of the person entitled to possession of the premises, allow the property to remain upon the premises or be removed to the public streets. Patron - Williams HB1303 Garnishments. Prescribes a separate, required form for garnishments of wages. In the case of wage garnishments, interest is to be calculated to a date certain, not the return date of the summons as under current law. The bill also allows service upon officers, registered agents or persons designated in a written notarized instrument. Service may be had upon the clerk of the State Corporation Commission only after the judgment creditor files with the court a certificate that due diligence failed to locate an officer or persons authorized in the written instrument or if the corporation does not have a registered agent or the agent could not be found at the registered office. A 1997 amendment limited service of such process upon the registered agent. This amendment is subject to an emergency clause. Patron - Albo SB25 Remedies; partition of land. Provides that owners of mineral rights in land located anywhere in Virginia may compel partition. Currently, only owners of mineral rights in land located east and south of the Clinch River may compel partition. In a recent circuit court case in Buchanan County, this section was declared unconstitutional due to the unequal application of the section caused by this language. Patron - Reasor SB187 Jury selection. Eliminates provision which allows a party to move for selection of jurors by lot. Jurors will be selected randomly. The bill is recommended by the Judicial Council. Patron - Gartlan SB412 Attorney-issued summonses and subpoenas. Authorizes attorneys to issue summonses, subpoenas and subpoenas duces tecum in pending civil litigation. Exceptions are provided for habeus corpus, civil abuse and neglect, forfeiture, habitual offender and other civil proceedings which have a quasi-criminal component. Subpoenas duces tecum for medical records must comply with other statutory provisions (Patient Health Records Privacy) added last year. The bill is recommended by the Boyd-Graves Conference. Patron - Mims SB434 Authority to direct placement of personal property removed from recovered rental premises. Provides that if no designated storage area is available for placement of personal property removed from rental property upon an execution of a writ of possession, the sheriff may, upon request of the person entitled to possession of the premises, allow the property to remain upon the premises or be removed to the public streets. Patron - Walker SB474 Disclosure of information regarding employee or former employee. Provides that an employer acting in good faith may not be held liable for disclosing information about job performance or the reason for termination of employment of an employee or former employee to a prospective employer of the employee or former employee if the request was made in writing and the information released is documented in the employee's personnel file. There is a rebuttable presumption of good faith unless a preponderance of the evidence shows the employer acted with malice, intentionally or recklessly disclosed false information, or disclosed information that is protected under a nondisclosure agreement. Utah, Alaska, Colorado, North Carolina and Florida have similar provisions for job references. Patron - Quayle SB646 Assisted suicide. Authorizes the Commonwealth's attorney to bring an action to recover a civil penalty against any person who intentionally or knowingly assists another to commit or attempt to commit suicide. The civil penalty may not exceed $10,000 for a first violation and $100,000 for a second or subsequent violation and is to be paid into the Literary Fund. Any health care provider found liable for the civil penalty will have his professional license permanently revoked. The bill allows for an injunction to prevent a violation or attempted violation and grants to the spouse, parent, child, or sibling of the person attempting suicide a cause of action for damages (compensatory and exemplary). Patron - Mims SB647 Service by publication. Provides that the cost of such publication shall be paid initially by the party seeking service. However, such costs shall ultimately be taxed as costs. Patron - Mims < PREVIOUS | CONTENTS | NEXT >