Civil Remedies And Procedure
Virginia 2013 Regular Session
Nonsuits; dismissal of action, fees and costs. [HB-1570]
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
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Sponsored by: Rep. J. Randall Minchew
Incorporated By Courts Of Justice on 01/28/2013
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Gettr Virginia 2013 Regular Session
Dangerous and vicious dogs; when owner is charged with a violation, officer shall confine dog, etc. [HB-1562]
Control of dangerous and vicious dogs; penalties. Authorizes an animal control officer or law-enforcement officer to apply to a magistrate for a summons where the officer believes that the owner of a vicious dog has willfully failed to comply with the law. When the owner of a dangerous dog has willfully failed to comply with the law, the bill authorizes an officer to confine the dog. The bill also clarifies the distinctions between dangerous dogs and vicious dogs, requires the owner of either type of dog to provide basic care while confining the
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Sponsored by: Rep. L. Kaye Kory
Governor: Acts Of Assembly Chapter Text (chap0732) on 04/03/2013
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Virginia 2013 Regular Session
Punitive damages; increases cap to reflect effect of inflation. [HB-1552]
Punitive damages cap. Increases the punitive damages cap from $350,000 to $675,000 to reflect the effect of inflation since the cap was first established. The bill also provides that the cap will be adjusted annually in an amount equal to the annual increase in the United States Average Consumer Price Index for all items, all urban consumers.
Sponsored by: Rep. George Loupassi
Left In Courts Of Justice on 02/05/2013
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Virginia 2013 Regular Session
Discovery rule; statute of limitations. [HB-1551]
Discovery rule; statute of limitations. Provides that the period of limitations for filing a cause of action for injury resulting from implanted medical devices, toxic exposure, and prescribed or over-the-counter medications accrues from the time the person knew or should have known of the injury and its causal connection to such device, substance, or medication.
Sponsored by: Rep. George Loupassi
Left In Courts Of Justice on 02/05/2013
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Virginia 2013 Regular Session
Service of process; makes several changes to how process is made on nonresidents, etc. [HB-1546]
Service of process on nonresidents. Makes several changes to how service of process is made on nonresidents and foreign corporations, including providing that (i) foreign corporations may be personally served with process outside of the Commonwealth in addition to substituted service on such corporation within the Commonwealth; (ii) service of process on the Commissioner of the Department of Motor Vehicles for nonresident motor vehicle owners or operators or the Secretary of the Commonwealth for nonresident aircraft owners or operators is effective
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Sponsored by: Rep. Robert Bell
Governor: Acts Of Assembly Chapter Text (chap0113) on 03/06/2013
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Virginia 2013 Regular Session
Medical malpractice; expert witness certification, court may conduct an in camera review. [HB-1545]
Medical malpractice; expert witness certification; court review. Provides that in an action for medical malpractice or wrongful death premised on medical malpractice, the court, upon good cause shown, may conduct an in camera review of the opinion obtained by the plaintiff of an expert witness who certified that the defendant deviated from the applicable standard of care and the deviation was the proximate cause of the injuries claimed. Such a certification is required before any action for medical malpractice or wrongful death premised on medical
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Sponsored by: Rep. Sal Iaquinto
Governor: Acts Of Assembly Chapter Text (chap0065) on 03/05/2013
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Virginia 2013 Regular Session
Student teachers & student teacher supervisors; fingerprinting, criminal history records check, etc. [HB-1537]
Student teachers and student teacher supervisors; fingerprinting, criminal history records check, and child abuse and neglect data. Requires any student teacher at an accredited public or private institution of higher education, as a condition of participation in a classroom teaching, internship, clinical, or field experience in a public elementary or secondary school or a private elementary or secondary school in the Commonwealth, to submit to fingerprinting and a criminal history records check. The bill provides that the governing board of the
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Sponsored by: Rep. Joseph Yost
Left In Education on 02/05/2013
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Virginia 2013 Regular Session
Involuntary intoxication offense; notice by defendant to State of intention to present evidence. [HB-1517]
Notice of intent to use involuntary intoxication offense. Provides that in any case in which a person charged with a felony intends (i) to put in issue his involuntary intoxication at the time of the offense charged and (ii) to present testimony of an expert to support his claim on this issue at his trial, he or his counsel shall give notice in writing to the attorney for the Commonwealth, at least 60 days prior to his trial, of his intention to present such evidence. The bill also provides for the court to appoint an expert for the Commonwealth.
Sponsored by: Sen. Lynwood Lewis
Passed By Indefinitely In Courts Of Justice (11-y 4-n) on 02/11/2013
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Virginia 2013 Regular Session
Failed electronic payments; civil action, unlawful detainer remedies. [HB-1509]
Civil action; failed electronic funds transfer; unlawful detainer remedies. Provides that if an electronic funds transfer is rejected because of insufficient funds or because a stop-payment order was placed on such payment in bad faith, the payee of the electronic funds transfer may recover in a civil action in the same manner as an action to recover for a bad check. The bill also provides that a writ of possession in an unlawful detainer action may be requested by the plaintiff's attorney or agent in addition to the plaintiff, and that such attorney
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Sponsored by: Rep. Gregory Habeeb
Governor: Acts Of Assembly Chapter Text (chap0063) on 03/05/2013
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Virginia 2013 Regular Session
Fraud; court may vacate judgment of criminal conviction. [HB-1492]
Vacation of criminal conviction for fraud upon the court. Provides that notwithstanding any provision of the Code or any rule of court to the contrary, upon hearing of a motion by a person convicted of a felony or adjudicated delinquent of a felony offense in the proper court of the jurisdiction where the person was convicted, following notice to the Commonwealth, a court may at any time after the person's conviction or adjudication vacate the judgment of the criminal conviction or adjudication of the person when the court finds that the conviction
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Sponsored by: Rep. Jeion Ward
Left In Courts Of Justice on 02/05/2013
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Virginia 2013 Regular Session
Computer Crimes Act; civil action for violation of Act, limitations period. [HB-1487]
Civil action for violation of Computer Crimes Act; limitations period. Provides that a civil action for injuries sustained by reason of a violation of the Virginia Computer Crimes Act must be filed within five years after the last act in the course of conduct constituting such a violation. Under current law, a civil action must be brought within the earlier of five years after the last act in the course of conduct constituting such a violation or two years after the plaintiff discovers or reasonably should have discovered such last act.
Sponsored by: Rep. Larry Rush
Left In Courts Of Justice on 02/05/2013
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Virginia 2013 Regular Session
District court; record on appeal. [HB-1483]
Record on appeal from district court. Provides that, upon the appeal of a general district court or juvenile and domestic relations district court judgment in a civil case to circuit court, except cases involving protective orders or a civil offense for a person's refusal to submit to having blood or breath samples taken to determine the drug or alcohol content of a person's blood, only the pleadings filed in the case shall be transmitted to the circuit court. All other materials contained in the case file, including all other documents, exhibits,
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Sponsored by: Rep. Sal Iaquinto
Passed By Indefinitely In Courts Of Justice (14-y 0-n) on 02/06/2013
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Virginia 2013 Regular Session
Deadman's Statute; corroboration of testimony by business records, authentication of records. [HB-1477]
Deadman's Statute; corroboration of testimony by business records. Revises the Deadman's Statute by allowing for the corroboration of the testimony of an adverse or interested party by an entry in a business record authored by the adverse or interested party. If the authentication of the business record used as evidence for corroboration is not admitted in a request for admission, the record must be authenticated by a person who is not the author of the entry and who is not an adverse or interested party to the case.
Sponsored by: Rep. David Albo
Governor: Acts Of Assembly Chapter Text (chap0061) on 03/05/2013
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Virginia 2013 Regular Session
Public schools; possession & administration of epinephrine by employees of local governing bodies. [HB-1468]
Public schools; possession and administration of epinephrine. Adds employees of local governing bodies and employees of local health departments to the lists of individuals who are permitted to possess and administer epinephrine and not be held liable for civil damages when certain conditions are met. The bill also requires local school boards to include in policies for the possession and administration of epinephrine a provision adding any employee of a local governing body or an employee of a local health department who is authorized by a prescriber
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Sponsored by: Rep. John O'Bannon
Governor: Acts Of Assembly Chapter Text (chap0336) on 03/14/2013
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Virginia 2013 Regular Session
Medications; administration by certain employees or contract service providers. [HB-1444]
Administration of medications by employees or contract service providers of providers licensed by the Department of Behavioral Health and Developmental Services. Provides that employees of or persons providing services pursuant to a contract with a provider licensed by the Department of Behavioral Health and Developmental Services may administer insulin, glucagon, and epinephrine pursuant to a written order issued by a prescriber in certain circumstances. The bill provides protection from liability for certain acts related to such administration
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Sponsored by: Rep. John O'Bannon
Governor: Acts Of Assembly Chapter Text (chap0183) on 03/12/2013
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Virginia 2013 Regular Session
Background checks; children's residential facilities regulated by Department of Juvenile Justice. [HB-1439]
Background checks; children's residential facilities regulated by the Department of Juvenile Justice. Provides that the requirement for criminal history background checks for children's residential facilities shall also apply to local secure detention facilities.
Sponsored by: Rep. Michael Watson
Governor: Acts Of Assembly Chapter Text (chap0181) on 03/12/2013
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Virginia 2013 Regular Session
Wrongful death and personal injury actions; future wages presumption. [HB-1434]
Wrongful death and personal injury actions; future wages presumption. Creates a rebuttable presumption in actions for the personal injury or wrongful death that a person who, at the time of the injury or death, was an infant or was at least 18 years of age but less than 24 years of age and was enrolled as a full-time student would have earned wages during his lifetime at the federal minimum wage rate in effect at the time the action was filed. Such wages shall be calculated based on 40 hours of work per week for the person starting from (i) age
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Sponsored by: Rep. David Albo
Left In Courts Of Justice on 02/05/2013
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Virginia 2013 Regular Session
Infants; cause of action for expenses for injury, statute of limitations. [HB-1433]
Action for expenses for infant's injury; statute of limitations. Provides that any action by a parent or guardian of an infant for the expenses of curing or attempting to cure the infant from the result of a personal injury or loss of services of the infant that accrues on or after July 1, 2013, shall be brought within the limitations period applicable to the infant's cause of action. Currently, such action must be brought within five years from the time the action accrued. The bill also provides that, in actions that accrue on or after July 1,
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Sponsored by: Rep. Richard Bell
Governor: Acts Of Assembly Chapter Text (chap0551) on 03/20/2013
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Virginia 2013 Regular Session
Self-defense and defense of others; encodes version of "castle doctrine." [HB-1415]
Castle doctrine. Encodes a version of the "castle doctrine," allowing the use of physical force, including deadly force, by a person in his dwelling against an intruder in the dwelling who has committed an overt act against him or another person who is lawfully in the dwelling, without civil liability and without limit to any other existing defense or immunity.
Sponsored by: Rep. Anne Crockett-Stark
Left In Courts Of Justice on 02/05/2013
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Virginia 2013 Regular Session
Criminal history record information; emergency medical services providers. [HB-1383]
Criminal history checks of emergency medical services personnel. Provides that the State Board of Health shall require each person who, on or after July 1, 2013, applies to be a volunteer with or employee of an emergency medical services agency to submit fingerprints and provide personal descriptive information for the purpose of a state and national criminal history record check.
Sponsored by: Rep. Brenda Pogge
Governor: Acts Of Assembly Chapter Text (chap0176) on 03/12/2013