Civil Remedies and Procedure

Civil Remedies and Procedure

P Passed

P HB1527

Serving notice of lien on financial institution. Requires a financial institution to respond within 21 days to a notice of lien from a judgment creditor or judgment creditor's attorney, and indicate the amount of money held by the financial institution pursuant to the notice of lien.

Patron - Croshaw

P HB1565

Certain cases struck from dockets after certain period. Allows a court to dismiss an action without notice to the parties if the case has been on the docket for three years with no orders or proceedings, except for continuances. The bill also requires that the clerk shall provide notice to the parties after dismissal and that the parties have one year to reinstate it.

Patron - Johnson

P HB1663

Year 2000 assessment privilege. Provides that Year 2000 "assessments" and "documents" shall not be discoverable or admissible in evidence unless ordered by the court for good cause shown. The purpose of the bill is to encourage people and businesses to conduct assessments of their Year 2000 readiness and take timely and adequate measures to solve Year 2000 problems without fear that such documents will create opportunities for litigation. The bill is a recommendation of the Joint Commission on Technology and Science.

Patron - May

P HB1671

Voluntary disclosure and free exchange of "Year 2000" readiness information. Provides immunity from liability for damages to any person for injury resulting from disclosing information, in good faith, about "the Year 2000 problem," or "a Year 2000 failure," affecting computer systems and programs. The bill would not, however, limit liability for those persons who disclose Year 2000 information for profit or which is material and false, inaccurate, or misleading, as specified; nor would it affect any other remedy available. The bill contains an emergency clause and is a recommendation of the Joint Commission on Technology and Science.

Patron - Nixon

P HB1899

Permissible venue. Makes abundantly clear that venue lies in any county or city wherein any of the plaintiffs reside if all of the defendants are unknown or are nonresidents of the Commonwealth. The current statute has been judicially interpreted to mean that such venue is allowed only if no other permissible venue is available.

Patron - Joannou

P HB2036

Appointment of general receivers; their duties; audit of funds. Ensures that all funds held by a general receiver who was appointed by a clerk of the circuit court are protected as "public funds" pursuant to the requirements of the Virginia Security for Public Deposits Act.

Patron - Moran

P HB2158

"Year 2000" immunity for certain employees. Provides that civil actions may not be brought against any officers or employees of the Commonwealth or its political subdivisions, constitutional officers, finance directors or jail superintendents based upon the failure of a computer, software program, database, network, or information system operated by or on their behalf to interpret, produce, calculate, generate or account for a date which is compatible with the "Year 2000" date change.

Patron - Almand

P HB2359

Extensions for filing. Permits the Supreme Court or the Court of Appeals to grant a 30-day extension for filing documents upon motion of one of the parties, for good cause shown and to attain the ends of justice. Presently, the filing deadlines in both courts are mandatory and there is no provision for any extension of time, even in cases of extreme emergency. While this bill does not change the mandatory nature of the deadlines, it does provide the two courts with the discretion to allow a short extension in a very limited number of cases. The Judicial Council is directed to study the issue raised by this bill. The bill will not become effective unless reenacted by the 2000 General Assembly.

Patron - Almand

P HB2412

Exemplary damages for persons injured by intoxicated drivers. Makes a technical amendment to the law by specifying how blood alcohol is measured.

Patron - Armstrong

P HB2431

Place for bringing action under a contract related to construction. Makes unenforceable any provision in a construction contract mandating that any action on the contract be brought in a location outside the Commonwealth.

Patron - Davies

P HB2451

Enforcement of deeds of trust. Clarifies that a secured party may extend the enforcement period of a deed of trust beyond the 20 years provided by statute, by obtaining a certificate, signed by the borrower and recording it in the clerk's office. The bill also extends the time period for the enforcement of a credit line deed of trust from 20 to 40 years.

Patron - Tate

P HB2522

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 facilities and clerk's offices and invalidates any rule which is not so necessary. The bill states that it is the clear intent of the General Assembly that there be no local rules and that any docket control procedures not affect the substantive rights of the litigants. The Courts of Justice Committees and the Supreme Court are asked to review and recommend to the 2000 General Assembly which matters are docket control procedures and which are local rules.

Patron - Joannou

P HB2552

Time period for issuing writs of possession in unlawful entry and detainer; when returnable. States that writs of possession shall be issued within one year of the entry of judgment for possession in unlawful entry and detainer actions, unless the landlord has accepted rent payments without reservation.

Patron - McDonnell

P HB2560

Release of liability; right of rescission. Provides that a personal injury plaintiff or claimant who executes a release of liability within 30 days of the incident giving rise to the claim who is not represented by counsel may rescind the settlement until midnight of the third business day after the day the release was executed. The recission must be in writing and any settlement proceeds returned.

Patron - McDonnell

P HB2582

Amendment of pleading; relation back to original pleading; confusion in trade name. Provides that the statute of limitations is tolled whenever a party incorrectly asserts a claim against the wrong party because the trade name of the incorrectly named party is substantially similar to the trade name of the intended party. The party (or its agent) to whom the plaintiff intended to assert the claim must have notice of the claim, and the incorrect claim must have been asserted before the expiration of the applicable limitations period. The bill also provides for tolling of the statute of limitations when a pleading against the estate of a decedent is served or attempted on the executor who, at the time of service, had no authority to accept service.

Patron - Moran

P HB2706

Claims against the Commonwealth. Provides that no cause of action shall be permitted which is based on any claim arising from the failure of a computer, software program, database, network, information system, firmware or any other device, whether operated by on behalf of the Commonwealth or one of its agencies, to interpret, produce, calculate, generate, or account for a date which is compatible with the "Year 2000" date change.

Patron - May

P 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

P SB941

Civil remedies; service by publication. Provides that the cost of such publication may be paid initially by the party seeking service. However, such costs shall ultimately be recoverable by the party seeking service if that party is given final judgment.

Patron - Mims

P SB967

Exemptions from jury service. Makes clear that persons eligible to claim an exemption from jury service may serve if they wish but are exempt from such service upon their request. Current language only provides that such person may claim the exemption.

Patron - Reynolds

P SB983

Limiting liability and damages for economic loss in connection with the Year 2000 date change. Stipulates liability and damage rules for civil actions based on "Year 2000 problems." The rules are: (i) no person shall be liable to any person who (a) is not in privity of contract with him, (b) has not been extended an express warranty by him, or (c) in the case of a trust, is not the beneficiary of a trust administered by him; (ii) no person shall be liable for damages caused by a delay or interruption in performance, or in the delivery of goods or services, resulting from or in connection with a Year 2000 problem, to the extent such problem was caused by a "third party" or a third party's Y2K problem; (iii) no employee, officer, or director shall be liable in his capacity as such to any person; (iv) no person shall be liable for consequential or punitive damages; and (v) total damages shall not exceed actual direct damages in any Y2K liability case. The bill does not affect the right of recovery for damages in connection with wrongful death or injuries to persons or property. SB 1180 was incorporated into this bill.

Patron - Barry

P SB990

Custody and visitation. Specifies that the goals of mediation may include development of a proposal addressing the child's residential schedule and care arrangements, and how to handle future disputes between the parents.

Patron - Quayle

P SB996

Civil actions. Provides that if the defendant is indigent, the Commonwealth must pay for the guardian ad litem appointed for an incarcerated felon who is sued by a crime victim.

Patron - Mims

P SB1230

Medical malpractice limit. Raises the amount recoverable from $1 million to $1.5 million, exclusive of interest. The $1 million limit will increase by $50,000 annually until June 30, 2007. The annual increase on July 1, 2007, and the annual increase on July 1, 2008, shall be $75,000 per year. Each annual increase shall apply to the act or acts of malpractice occurring on or after the effective date of the increase. The July 1, 2008, increase shall be the final annual increase.

Patron - Marsh

P SB1329

Child restraint devices; immunity. Provides that any person who has successfully met the minimum required training standards for installation of child restraint devices established by the U.S. Department of Transportation, who in good faith and without compensation installs, or inspects the installation of, a child safety seat is not liable for any damages resulting from an act or omission related to such installation or inspection in the absence of gross negligence or willful misconduct.

Patron - Whipple

F Failed

F HB1768

Civil restitution. Raises from $2,500 to $3,500 the maximum amount that may be recovered in certain actions against a parent for damage by a minor to public or private property.

Patron - Parrish

F HB1903

District courts and circuit courts to prescribe rules. Requires that all proceedings before circuit courts be set between 9:00 a.m. and 5:00 p.m., unless all parties consent to a different time.

Patron - Joannou

F HB2071

Payment of jury costs in civil trials. Provides that whenever a civil action in which a trial by jury has been demanded and in which judgment is entered, the party against whom the judgment is entered may, in the discretion of the court, be taxed the costs of the jury at the rate specified by the Code of Virginia.

Patron - Darner

F HB2186

Personal jurisdiction. Establishes personal jurisdiction for transmitting unsolicited electronic mail in a bulk transmission to or through an internet service provider's network or facility located within the Commonwealth. Incorporated into HB 1714.

Patron - Rust

F HB2215

Appeal of interlocutory orders. Creates a scheme by which a party may apply to the circuit court for certification for appeal of an interlocutory order. In the certification the circuit court or chancellor admits or denies whether specific grounds for immediate appeal exist. The certification is then filed in the appellate court, in conjunction with a petition for appeal. This amendment is a recommendation of the Virginia Bar Association.

Patron - Davies

F HB2352

Joinder, consolidation, transferring civil actions. Allows circuit courts to join, consolidate or transfer civil actions upon a motion of any party and a finding by the court that the claims involve common issues of fact and arise out of the same transaction or occurrence or the same series of transactions or occurrences. Under current law, there must be at least six separate actions or plaintiffs before any joinder, consolidation or transfer can be ordered.

Patron - Griffith

F HB2364

Exemplary damages for persons injured by intoxicated drivers. Removes the limitation on punitive damages in actions for personal injury or death against intoxicated drivers.

Patron - McEachin

F HB2400

Manner of serving process upon natural persons. Requires notice to be given and filed in the clerk's office at least four days prior to a hearing when the case is before a general district court and such notice was given by posting.

Patron - Tate

F HB2425

Liability for ethnic or racial profiling. Creates a private right of action against the governing body and law-enforcement agencies for stopping, detaining or interfering with motorists based upon racial or ethnic profiling.

Patron - Robinson

F HB2465

Employer liability. Provides that an employer is immune from liability for releasing information about a current or former employee's job performance, conduct or reasons for separation if the information is requested by the person's prospective or current employer and the employer is not acting in bad faith. An employer is presumed to be acting in good faith and is considered to be acting in bad faith only if it can be shown by clear and convincing evidence that the information was knowingly false and deliberately misleading. An employer who relies on information disclosed by another employer is immune from civil liability stemming from any action relating to the employer's negligence relating to the hiring or failure to hire the employee. The bill provides that in an action against an employer for providing or relying on information about a current or former employee's job performance, attorneys' fees may be awarded to the prevailing party.

Patron - Sherwood

F HB2470

Dismissal of action by nonsuit. Provides that in trials of matters subject to the medical malpractice damages cap, nonsuits shall be taken at least 30 days before the day set for trial. The bill also raises the cap from $1 million to $1.5 million while limiting nonpecuniary damages within the $1.5 million total to $250,000, effective January 1, 2000.

Patron - Howell

F HB2495

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.

Patron - McEachin

F HB2520

Recreational activity liability. Codifies the common law doctrine of assumption of the risk for injuries at recreational activities. Horse racing is exempt from the chapter.

Patron - Wardrup

F HB2523

Change of venue by court. Includes in the definition of "good cause" for the court to retain an action for trial the pro hac vice laws of the jurisdiction where an action would otherwise be proper.

Patron - Joannou

F HB2530

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

Patron - McClure

F HB2561

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

Patron - McDonnell

F HB2628

Medical malpractice limit. Raises the amount recoverable from $1 million total to $3 million per defendant, exclusive of interest. The $3 million limit will increase each year there is an increase in the "medical care" component of the Consumer Price Index.

Patron - Kilgore

F HB2664

Merchant immunity. Provides that a merchant who sells alcohol or tobacco to someone underage 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

F HB2745

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

Patron - McDonnell

F 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

F SB920

Personal jurisdiction. Establishes personal jurisdiction for sending unsolicited bulk e-mail to or through an Internet service provider's network or facility located within the Commonwealth. This bill has been incorporated into SB 881.

Patron - Mims

F SB931

Managed care health insurance plans; liability for health care treatment decisions. Provides that managed care health insurance plans have the duty to exercise ordinary care when making health care decisions and are liable for damages for harm to a covered person proximately caused by the managed care health insurance plan's failure to exercise ordinary care. The limitation of recovery governing medical malpractice actions and the provisions of Virginia law governing utilization review are not applicable to actions brought pursuant to this bill.

Patron - Edwards

F SB953

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. Several states have similar provisions for job references.

Patron - Quayle

F SB1013

Year 2000 assessment privilege. Creates a privilege for "documents" created during "Year 2000 assessments" conducted during the period January 1, 1996, to January 1, 2002, as those terms are defined in the bill. The purpose of the bill is to encourage people and businesses to conduct assessments of their Year 2000 readiness and take timely and adequate measures to solve Year 2000 problems without fear that such documents will later be used against them in litigation. The bill is a recommendation of the Joint Commission on Technology and Science.

Patron - Howell

F SB1020

Disclosure of information regarding employee or former employee; state and local law-enforcement agency job applicants. Provides that an employer acting in good faith may not be held liable for disclosing to a state or local law-enforcement agency, information about job performance or the reason for termination of employment of an employee or former employee if (i) the employee or former employee is seeking employment as a law-enforcement officer with such law-enforcement agency, (ii) the request is made in writing, and (iii) 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.

Patron - Colgan

F SB1086

Crime victims; civil action. Provides that a crime victim may bring a civil action against the owner or operator of a business if the owner or operator knew or reasonably should have foreseen a criminal assault and failed to exercise reasonable care to prevent the crime or warn the victim of potential danger.

Patron - Gartlan

F SB1161

Patron - Edwards

F SB1180

Limiting liability and damages for economic loss in connection with the Year 2000 date change. Stipulates liability and damage rules for civil actions based on "Year 2000 problems." The rules are: (i) no person shall be liable to any person not in privity of contract with such person; (ii) no person shall be liable for damages caused by a delay or interruption in performance, or in the delivery of goods or services, resulting from or in connection with a Year 2000 problem, to the extent such Year 2000 problem was caused by a "third party"; (iii) no employee, officer, or director shall be liable in his capacity as such to any person; (iv) no person shall be liable for consequential or punitive damages; and (v) total damages shall not exceed actual direct damages. This bill has been incporporated into SB 983.

Patron - Reynolds

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