Civil Remedies And Procedure
Virginia 2013 Regular Session
Driving under influence of alcohol; defendant's blood or breath tested, exemplary damages. [HB-1909]
DUI; exemplary damages. Provides that in an action for personal injury or death arising from the operation of a motor vehicle, engine, or train, a defendant's conduct will be deemed so willful and wanton as to show a conscious disregard for the rights of others, thus entitling the plaintiff to an award of exemplary damages, if the defendant's blood alcohol concentration (BAC) was or exceeded 0.15 at the time of the incident or at the time the blood or breath test was performed. Currently, only the defendant's BAC at the time of the incident is considered.
Sponsored by: Sen. Scott Surovell
Left In Courts Of Justice on 02/05/2013
Spread the world
Gettr Virginia 2013 Regular Session
Childhood sexual abuse; statute of limitations. [HB-1892]
Childhood sexual abuse; statute of limitations. Clarifies that the discovery rule used to determine when a cause of action for childhood sexual abuse accrues upon the later of the removal of the disability of infancy or incapacity or when the fact of the injury and its causal connection to the abuse is first communicated to the injured person.
Sponsored by: Rep. James LeMunyon
Governor: Acts Of Assembly Chapter Text (chap0292) on 03/13/2013
Spread the world
Virginia 2013 Regular Session
Medical malpractice; statute of limitations. [HB-1874]
Medical malpractice; statute of limitations. Amends the discovery rule, which triggers the running of the statute of limitations in medical malpractice cases involving the diagnosis of a malignant tumor or cancer. The bill provides that for a claim that negligence is a proximate cause of the failure to diagnose or a delay in the diagnosis of a tumor or cancer, the two-year statute of limitations is extended for one year from the date the diagnosis is communicated to the patient. Under current law, the claim must be that there was a negligent failure
(continued...)
Sponsored by: Sen. Jennifer McClellan
Left In Courts Of Justice on 02/05/2013
Spread the world
Virginia 2013 Regular Session
Bullying; defines term, school boards shall include policies & procedure in code of student conduct. [HB-1871]
Student and school employee conduct; bullying. Defines the term "bullying" and requires school boards to include in their codes of student conduct policies and procedures that include a prohibition against bullying. The bill also requires the Board of Education to develop model policies and procedures and school boards to adopt policies and procedures to educate school board employees about bullying and the need to create a bully-free environment.
Sponsored by: Sen. Lynwood Lewis
Governor: Acts Of Assembly Chapter Text (chap0575) on 03/20/2013
Spread the world
Virginia 2013 Regular Session
Medical records or reports; method for introducing into evidence. [HB-1815]
Evidence of medical reports in district court and appeals to circuit court. Provides that the method for introducing into evidence medical records or reports in general district court in a civil action for personal injuries or to resolve a dispute with an insurance company or health care provider also applies to appeals of such action to the circuit court regardless of which party appeals. Currently, the same method only applies if the defendant appeals. This method of introducing medical records or reports into evidence may only be used by a plaintiff
(continued...)
Sponsored by: Rep. Johnny Joannou
Governor: Acts Of Assembly Chapter Text (chap0078) on 03/05/2013
Spread the world
Virginia 2013 Regular Session
Child support; confidentiality of guidelines worksheets in mediated agreements. [HB-1795]
Confidentiality of child support guidelines worksheets in mediated agreements. Eliminates two provisions requiring the disclosure of financial information obtained for the purposes of completing a child support guidelines worksheet in the course of mediation to the court even when an agreement has not been reached by the parties. Under current law, these provisions conflict with a mediator's duty of confidentiality. This bill is a recommendation of the Committee on District Courts.
Sponsored by: Rep. David Toscano
Governor: Acts Of Assembly Chapter Text (chap0283) on 03/13/2013
Spread the world
Virginia 2013 Regular Session
Nonsuits; fees and costs. [HB-1773]
Nonsuits; fees and costs. Provides that when a nonsuit is taken within 14 days prior to trial or during trial and a new proceeding on the same cause of action is instituted, the court may award reasonable attorney fees, expenses, and costs to a defendant who was also a defendant in the prior nonsuited action. The award shall reasonably compensate the defendant for any fees, expenses, and costs paid or incurred for the period between 14 days prior to trial and the time the nonsuit was taken that will be incurred again in the new proceeding. The award
(continued...)
Sponsored by: Rep. William Howell
Left In Courts Of Justice on 02/05/2013
Spread the world
Virginia 2013 Regular Session
Child sexual abuse cases; admission of prior sex offenses into evidence, definition of sexual abuse. [HB-1766]
Prior sex offenses admissible in evidence. Provides that in a criminal case in which the defendant is accused of an offense of sexual abuse, evidence of the defendant's conviction of another offense or offenses of sexual abuse is admissible and may be considered for its bearing on any matter to which it is relevant. The bill includes a second enactment requiring this new rule of evidence to be applied in conjunction with the Virginia rules of evidence.
Sponsored by: Rep. Robert Bell
Passed By Indefinitely In Courts Of Justice With Letter (15-y 0-n) on 02/15/2013
Spread the world
Virginia 2013 Regular Session
Service of process; in order to be timely, must be made within 90 days from commencement of action. [HB-1754]
Service of process; timing. Provides that in order to be timely, service of process must be made within 90 days from the commencement of the action. Currently, service of process is timely if made within 12 months. The bill also provides that no nonsuit may be taken more than 90 days after the commencement of an action in the absence of timely service of process unless the court finds that the plaintiff exercised due diligence in attempting to serve process.
Sponsored by: Rep. Thomas Wright
Left In Courts Of Justice on 02/05/2013
Spread the world
Virginia 2013 Regular Session
Virginia Vulnerable Adult Protection Act; created. [HB-1728]
Virginia Vulnerable Adult Protection Act; creation. Creates the Virginia Vulnerable Adult Protection Act, which prohibits an individual in a position of trust to a vulnerable adult from using the vulnerable adult's property or assets for his own purposes. Such individual is liable for actual damages incurred by the vulnerable adult and may be liable for punitive damages. An individual in a position of trust who uses the vulnerable adult's property for his own purposes may also be barred from inheriting from the vulnerable adult or serving in a fiduciary
(continued...)
Sponsored by: Rep. David Toscano
Tabled In Courts Of Justice By Voice Vote on 02/01/2013
Spread the world
Virginia 2013 Regular Session
Nonsuits; dismissal of action, fees and costs. [HB-1709]
Dismissal of action by nonsuit; fees and costs. Clarifies that if notice to take a nonsuit is given to the opposing party during 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 actually incurred by the opposing party, solely by reason of the failure of the nonsuiting party to give notice at least seven days prior to trial. The bill also provides that invoices, receipts, or confirmation of payment shall be admissible to prove reasonableness
(continued...)
Sponsored by: Rep. Robert Bell
Governor: Acts Of Assembly Chapter Text (chap0274) on 03/13/2013
Spread the world
Virginia 2013 Regular Session
Summary judgment; use of depositions as basis for motion or to strike evidence. [HB-1708]
Civil remedies; use of depositions. Allows that requests for admission for which the responses are submitted in support of a motion for summary judgment may be based, in whole or in part, upon discovery depositions and may include admitted facts learned or referenced in such a deposition, provided that any such request for admission shall not reference the deposition or require the party to admit that the deponent gave specific testimony. The bill also allows that a motion for summary judgment seeking dismissal of any claim or demand for punitive
(continued...)
Sponsored by: Rep. Robert Bell
Governor: Acts Of Assembly Chapter Text (chap0076) on 03/05/2013
Spread the world
Virginia 2013 Regular Session
Criminal Injuries Compensation Fund; written notice, liability for reasonable charges for services. [HB-1705]
Criminal Injuries Compensation Fund. Provides that the Fund has a lien on a victim's claim if an award was made from the Fund. The bill also provides that if the defendant pays restitution, and the Fund has made any payments for expenses included in the restitution order, then at the request of the Fund, the entity collecting the restitution must, upon presentation of a written request, pay as much of the restitution collected to the Fund as will reimburse the Fund for its payments.
Sponsored by: Rep. Christopher Stolle
Governor: Acts Of Assembly Chapter Text (chap0273) on 03/13/2013
Spread the world
Virginia 2013 Regular Session
Service of process; in order to be timely, must be made within six months from commencement. [HB-1676]
Service of process; timing. Provides that in order to be timely, service of process must be made within six months from the commencement of the action. Currently, service of process is timely if made within 12 months. The bill also provides that no nonsuit may be taken more than six months after the commencement of an action in the absence of timely service of process unless the court finds that the plaintiff exercised due diligence in attempting to serve process.
Sponsored by: Rep. William Howell
Left In Courts Of Justice on 02/05/2013
Spread the world
Virginia 2013 Regular Session
Naloxone; administration by unlicensed individual in cases of opiate overdose. [HB-1672]
Naloxone; administration in cases of opiate overdose. Allows a person to obtain a prescription for and to possess and administer naloxone to a family member or friend for the purpose of counteracting the effects of opiate overdose. The bill also requires the Department of Behavioral Health and Developmental Services to work together with the Department of Health, Department of Health Professions, law-enforcement agencies, substance abuse recovery support organizations, and other stakeholders to conduct pilot programs on the administration of naloxone
(continued...)
Sponsored by: Rep. John O'Bannon
Governor: Acts Of Assembly Chapter Text (chap0267) on 03/13/2013
Spread the world
Virginia 2013 Regular Session
Circuit court clerks; revises various powers and duties for certification of records, etc. [HB-1658]
Clerk's fees; electronic records; certification of records; etc. Revises various powers and duties of circuit court clerks for certification of records, assessment of fees, etc., such as (i) providing that the use of the term "copy teste," "true copy," or "certified copy" is prima facie evidence that a document is a certified copy of the official record kept in the clerk's office; (ii) providing that no judgment for certain assessments or fees shall be recorded as a judgment in favor of the Commonwealth if such assessments or fees have been fully
(continued...)
Sponsored by: Rep. C. Todd Gilbert
Governor: Acts Of Assembly Chapter Text (chap0263) on 03/13/2013
Spread the world
Virginia 2013 Regular Session
Child care providers; background checks for eligibility for child care subsidy payments. [HB-1640]
Child care providers; background checks for eligibility for child care subsidy payments. Requires any person seeking to enter into a contract with the Department of Social Services or a local department of social services for the provision of child care services for which subsidy payments may be paid to undergo a background check, and authorizes the dissemination of criminal history record information to the Department of Social Services or local department of social services for the purpose of screening such individuals.
Sponsored by: Rep. Thomas Greason
Governor: Acts Of Assembly Chapter Text (chap0261) on 03/13/2013
Spread the world
Virginia 2013 Regular Session
Child sexual abuse cases; prior sex offenses against children admissible in evidence. [HB-1623]
Prior sex offenses against children admissible in evidence. Provides that in a criminal case in which the defendant is accused of an offense of child sexual abuse, evidence of the defendant's conviction of another offense or offenses of child sexual abuse is admissible and may be considered for its bearing on any matter to which it is relevant.
Sponsored by: Rep. Joseph Yost
Incorporated By Courts Of Justice on 01/23/2013
Spread the world
Virginia 2013 Regular Session
Civil cases; conduct of business activity, permissible venue. [HB-1618]
Venue in civil cases; conduct of business activity; change of venue. Provides that Category B venue exists where a defendant that is not an individual has its principal office or principal place of business. Currently, Category B venue exists where the president or other chief officer of a defendant that is a corporation resides. The bill also provides that Category B venue exists where a defendant regularly conducts substantial business activity or where such activity was conducted before the defendant's withdrawal from the Commonwealth provided
(continued...)
Sponsored by: Rep. Robert Bell
Governor: Acts Of Assembly Chapter Text (chap0071) on 03/05/2013
Spread the world
Virginia 2013 Regular Session
Vacant building registration; increases maximum annual fee that ordinance may impose on owner. [HB-1583]
Vacant building registration. Increases from $25 to $100 the maximum annual registration fee that a local ordinance may impose on the owner of a vacant building that meets the definition of "derelict building" under § 15.2-907.1. The bill increases the civil penalty for failing to register a building from $50 to $200 and raises from $250 to $400 the maximum civil penalty for failing to register a building that is located in a designated conservation and rehabilitation district or in an area designated as blighted.
Sponsored by: Sen. Rosalyn Dance
Governor: Acts Of Assembly Chapter Text (chap0253) on 03/13/2013