Civil Remedies And Procedure
Virginia 2014 Regular Session
Business records; admissibility as evidence in any civil proceeding. [HB-301]
Admissibility of business records. Provides that in any civil proceeding the authentication and foundation necessary for the admission of a business record under the business records exception to the rule against hearsay may be laid by witness testimony, a certificate of authenticity of and foundation for the record made by the record's custodian or another qualified witness, or a combination of testimony and a certification. The bill also provides that the proponent of the record must give written notice to all other parties no later than 15 days
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Sponsored by: Rep. George Loupassi
Governor: Acts Of Assembly Chapter Text (chap0398) on 03/31/2014
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Gettr Virginia 2014 Regular Session
Judgment proceeding; setting aside judgment confessed. [HB-249]
Setting aside judgments confessed. Provides that whenever a judgment confessed is set aside or modified pursuant to a motion by the judgment debtor, the subsequent case placed on the court's docket shall be considered a continuation of the original confession of judgment proceeding and shall maintain the same case number as the original proceeding, and no additional fee shall be charged for the docketing of the case.
Sponsored by: Sen. Scott Surovell
Left In Courts Of Justice on 02/12/2014
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Virginia 2014 Regular Session
Sex offenders; requires circuit court to find good cause before accepting name change applications. [HB-233]
How name of person may be changed; sex offenders; probationers; incarcerated persons. Establishes procedures for name change applications from probationers, persons required to register as sex offenders, and incarcerated persons. The court is required to send a copy of the application to certain attorneys for the Commonwealth and to conduct a hearing. The court may order a change of name if the court determines that it would not frustrate a legitimate law-enforcement purpose, is not sought for a fraudulent purpose, and would not otherwise infringe
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Sponsored by: Rep. Robert Bell
Governor: Acts Of Assembly Chapter Text (chap0232) on 03/17/2014
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Virginia 2014 Regular Session
Physician assistant; expert witness testimony. [HB-191]
Expert witness testimony; chiropractor; physician assistant. Allows a properly qualified physician assistant to testify as an expert witness in a court of law on certain matters within the scope of his activities as authorized under Virginia law, except in any medical malpractice action for or against (i) a defendant doctor of medicine or osteopathic medicine regarding standard of care or (ii) a defendant health care provider regarding causation. The bill also adds "treatment" and "treatment plan" to those matters about which a chiropractor may
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Sponsored by: Rep. J. Randall Minchew
Governor: Acts Of Assembly Chapter Text (chap0391) on 03/31/2014
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Virginia 2014 Regular Session
Jury commissioners; appointment and selection of jurors. [HB-188]
Appointment of jury commissioners and selection of jurors; selection of jurors to be placed on master jury list. Allows the chief judge of each circuit court to designate circuit court personnel to select and determine jurors to be placed on a master jury list, thereby eliminating the need for jury commissioners.
Sponsored by: Rep. Barry Knight
Stricken At The Request Of Patron In Courts Of Justice (14-y 0-n) on 02/19/2014
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Virginia 2014 Regular Session
Metropolitan Washington Airports Authority; background checks of applicants. [HB-164]
Background checks of applicants of the Metropolitan Washington Airports Authority. Authorizes the chief of the Metropolitan Washington Airports Authority police department, or his designee, to conduct criminal background checks through the Central Criminal Records Exchange and the Federal Bureau of Investigation on applicants who have been conditionally offered employment with the Authority. The applicant's criminal history record information obtained by the chief must otherwise be kept confidential. The bill also establishes criteria that the Authority
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Sponsored by: Rep. David Albo
Governor: Acts Of Assembly Chapter Text (chap0057) on 03/03/2014
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Virginia 2014 Regular Session
Appeals to Supreme Court of Va. and Court of Appeals of Va; filing of an appendix by CD-ROM. [HB-162]
Appeals to the Supreme Court of Virginia and the Court of Appeals of Virginia; filing of an appendix by CD-ROM. Permits the parties to an appeal to the Supreme Court of Virginia or the Court of Appeals of Virginia, in lieu of the filing of any tangible copies of an appendix, to file the same by CD-ROM or such other digital or electronic format permitted under the Rules of Supreme Court of Virginia.
Sponsored by: Rep. David Albo
Continued To 2015 In Courts Of Justice By Voice Vote on 01/27/2014
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Virginia 2014 Regular Session
Health care providers; civil immunity for members of or consultants to boards or committees. [HB-130]
Civil immunity for members of or health care professional consultants to certain boards or committees. Extends civil liability protection to members of, or consultants to, boards or committees established (i) under the requirements of a national accrediting organization granted authority by the Centers for Medicare and Medicaid Services or (ii) pursuant to guidelines approved or adopted by statewide or local associations representing licensed health care providers for acts or omissions done in the performance of their duties as members of, or consultants
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Sponsored by: Rep. J. Randall Minchew
Governor: Acts Of Assembly Chapter Text (chap0017) on 02/27/2014
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Virginia 2014 Regular Session
Health care providers, volunteer; VDH shall certify certain persons, immunity from liability, etc. [HB-1264]
Volunteer health care providers. Provides that the Department of Health shall certify up to 200 health care providers as volunteer health care providers upon satisfactory evidence that the applicant (i) is a resident of the Commonwealth; (ii) holds a current, valid license as a doctor of medicine or osteopathy issued by the Board of Medicine or holds a license as a dentist issued by the Board of Dentistry; (iii) is deemed to be an employee of the federal Public Health Services as a free clinic health professional providing qualifying health services;
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Sponsored by: Rep. Robert Marshall
Left In Courts Of Justice on 02/12/2014
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Virginia 2014 Regular Session
911 emergency service calls; recordings shall be deemed authentic if with certain information. [HB-1248]
911 emergency service call records as evidence. Provides that recordings and records of 911 emergency service calls shall be deemed authentic transcriptions or recordings of the original statements if they are accompanied by a certificate that authenticates them as true copies and the certificate contains the date and time of the incoming call and, if available, the incoming phone number.
Sponsored by: Sen. Scott Surovell
Governor: Acts Of Assembly Chapter Text (chap0353) on 03/27/2014
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Virginia 2014 Regular Session
Student teachers; fingerprinting, criminal history records check, and child abuse and neglect data. [HB-1205]
Student teachers; fingerprinting, criminal history records check, and child abuse and neglect data. Permits education preparation program faculty to require student teachers at public institutions of higher education, as a condition of participation in a classroom teaching, internship, clinical, or field experience in a public elementary or secondary school, to submit to fingerprinting and a criminal history records check. The bill permits education preparation program faculty to require student teachers to provide the necessary personal information
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Sponsored by: Rep. Joseph Yost
Stricken From Docket By Education By Voice Vote on 02/05/2014
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Virginia 2014 Regular Session
Jurors; persons liable to serve. [HB-1157]
Persons liable to serve as jurors. Provides that, for purposes of determining whether a person is liable to serve as a juror, military personnel of the United States Marine Corps and Coast Guard are not considered residents of the Commonwealth merely by reason of being stationed in the Commonwealth. Members of the United States Army, Air Force, and Navy are likewise not considered Commonwealth residents under current law.
Sponsored by: Rep. James Leftwich
Governor: Acts Of Assembly Chapter Text (chap0595) on 04/04/2014
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Virginia 2014 Regular Session
Physician assistants; updates terminology related to practice agreements. [HB-1134]
Practice of physician assistants. Updates terminology related to practice agreements for physician assistants and adds physician assistants to the definition of "health care provider" for the purposes of medical malpractice.
Sponsored by: Rep. John O'Bannon
Governor: Acts Of Assembly Chapter Text (chap0089) on 03/03/2014
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Virginia 2014 Regular Session
Service of process; social security numbers. [HB-1122]
Service of process; social security numbers. Requires a person serving process to redact a party's social security number from any writing, process, or attached pleading before service of process is effected on the party by any method other than delivering a copy to the party in writing and in person. The bill also requires a person serving process to make an attempt at personal service prior to effectuating any method of substituted service.
Sponsored by: Rep. Mark Cole
Continued To 2015 In Courts Of Justice on 02/27/2014
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Virginia 2014 Regular Session
Firearms; criminal background check for transfer, exemption for holders of concealed permits. [HB-1118]
Criminal background check for transfer of firearms; exemption for holders of concealed handgun permits. Provides that a licensed firearms dealer does not have to have a criminal background check performed to determine a person's eligibility to purchase a firearm if the purchaser possesses a valid concealed handgun permit and presents a photo-ID issued by an agency of the Commonwealth or the Department of Defense.
Sponsored by: Rep. L. Scott Lingamfelter
Continued To 2015 In Militia, Police And Public Safety By Voice Vote on 02/07/2014
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Virginia 2014 Regular Session
Criminal history record information; unauthorized dissemination, etc., civil action. [HB-1073]
Unauthorized dissemination, etc., of criminal history record information; civil action. Creates a civil action against any person who disseminates, publishes, maintains, or causes to be disseminated, published, or maintained any criminal history record information pertaining to an individual's charge or arrest for a criminal offense more than 120 days after confirmation by the State Police to the individual that such information has been expunged. Such person will be liable to the person who is the subject of the information for actual damages or
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Sponsored by: Rep. George Loupassi
Continued To 2015 In Courts Of Justice By Voice Vote on 02/07/2014
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Virginia 2014 Regular Session
Nonsuits; tolling. [HB-1041]
Nonsuits; tolling. Highlights that when a voluntary nonsuit is taken in a civil case, the statute of limitations with respect to the cause of action in the case is tolled and the nonsuiting party may recommence his action within six months from the date the nonsuit is taken or within the original limitations period, whichever is longer.
Sponsored by: Rep. Johnny Joannou
Governor: Acts Of Assembly Chapter Text (chap0086) on 03/03/2014
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Virginia 2014 Regular Session
Trial by jury in a civil case; demand, pleading. [HB-1039]
Jury trial of right; demand; compliance with the Rules of Supreme Court. Provides that unless waived, any demand for a trial by jury in a civil case made in compliance with the Rules of Supreme Court of Virginia shall be sufficient, without further notice or order, to proceed with trial by a jury. The bill also reduces from $100 to $20 the minimum dollar amount necessarily sought in order for the whole matter to be heard by the court absent a waiver of a jury trial.
Sponsored by: Rep. Johnny Joannou
Governor: Acts Of Assembly Chapter Text (chap0172) on 03/05/2014
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Virginia 2014 Regular Session
District courts and circuit courts; no civil matter shall be dismissed with prejudice, etc. [HB-1038]
Certain rules prescribed by district courts; dismissal with prejudice. Provides that no civil matter shall be dismissed with prejudice by any district or circuit court for failure to comply with any rule prescribed by that district or circuit court concerning proper order and decorum and the safe use of courthouse facilities and clerks' offices.
Sponsored by: Rep. Johnny Joannou
Governor: Acts Of Assembly Chapter Text (chap0348) on 03/27/2014
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Virginia 2014 Regular Session
Medical reports as evidence; general district court. [HB-1037]
Medical reports as evidence; general district court. Provides that a medical report from a treating or examining health care provider may be admitted into evidence in a civil action for personal injuries or to resolve a dispute with an insurance company or health care provider in general district court or an appeal to circuit court, provided such report is accompanied by a sworn statement from the custodian of such report stating that the report is a true and accurate copy of the report. Currently, the report may only be admitted if it is accompanied
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Sponsored by: Rep. Johnny Joannou
Governor: Acts Of Assembly Chapter Text (chap0085) on 03/03/2014