Civil Remedies And Procedure
Virginia 2012 Regular Session
Public records; retention and destruction of original records by clerk of circuit court. [HB-1143]
Public records; retention and destruction of original records by clerk. Clarifies inconsistencies between the law governing the retention and destruction of original public records by the clerk of the circuit court and the Public Records Management Act.
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Gettr Virginia 2012 Regular Session
Civil remedies; use of depositions. [HB-1138]
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.
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Virginia 2012 Regular Session
Criminal history record information; access by State Treasurer. [HB-1123]
Dissemination of criminal history record information; state treasurer. Allows the State Treasurer access to criminal history record information for the purpose of determining whether a person receiving compensation for wrongful incarceration has been subsequently convicted of a felony.
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Virginia 2012 Regular Session
Landlord and tenant laws; dwelling units. [HB-1110]
Landlord and tenant law; dwelling units. Allows a plaintiff in an unlawful detainer action to submit copies of the lease under certain circumstances. The bill also (i) removes the four-residential-unit limitation on the exemption of an owner who performs mold inspection or remediation from licensure as a mold inspector or remediator; (ii) revises the definition of dwelling unit; (iii) allows a tenant to stay in the dwelling unit after foreclosure of the property containing the dwelling unit under certain circumstances; (iv) provides that in unlawful
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Virginia 2012 Regular Session
Public schools; possession and administration of auto-injectable epinephrine. [HB-1107]
Public schools; possession and administration of epinephrine. Requires local school boards to adopt and implement policies for the possession and administration of epinephrine in every school. The school nurse or a school board employee may administer the epinephrine to any student believed to be having an anaphylactic reaction. The bill also requires the Department of Health, in conjunction with the Department of Education and the Department of Health Professions to develop and implement policies for the recognition and treatment of anaphylaxis
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Virginia 2012 Regular Session
Criminal history record information check; making false statements, penalty. [HB-1103]
Criminal history record information check; making false statements; penalty. Provides that any person who knowingly makes a materially false statement on criminal history background check forms required for the purchase and transfer of firearms is guilty of a Class 5 felony. Current law uses the phrase "willfully and intentionally" rather than "knowingly." The bill contains technical amendments.
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Virginia 2012 Regular Session
Personal jurisdiction; expands long-arm statute, acknowledging parentage. [HB-1094]
Personal jurisdiction; long-arm statute; acknowledging parentage. Expands Virginia's long-arm statute to provide for personal jurisdiction over an out-of-state person who, while in the Commonwealth, has acknowledged parentage of a child. This bill is in response to the Virginia Court of Appeals' decision in Bergaust v. Flaherty, 57 Va. App. 423, 703 S.E.2d 248 (2011).
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Virginia 2012 Regular Session
Garnishment; garnishee shall pay money on behalf of judgment debtor directly to judgment creditor. [HB-1093]
Garnishment. Provides that the garnishee shall pay any money or other property held on behalf of a judgment debtor directly to the judgment creditor or the judgment creditor's attorney instead of to the court, which is current practice. The judgment creditor or his attorney shall mail a statement to the garnishee and the judgment debtor for each month in which money or other property is paid to the judgment creditor on the judgment debtor's behalf setting forth how much was paid and how it was applied to the debt. The bill also allows the court
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Virginia 2012 Regular Session
Zoning Appeals, Board of; jurisdictions imposing civil penalties for violations of ordinances, etc. [HB-1059]
Appeals to the board of zoning appeals. Provides that a civil penalty shall not be assessed by the court during pendency of a 30-day appeal period.
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Virginia 2012 Regular Session
Public records; retention and destruction of original records by clerk of circuit court. [HB-1054]
Public records; retention and destruction of original records by clerk. Clarifies inconsistencies between the law governing the retention and destruction of original public records by the clerk of the circuit court and the Public Records Management Act.
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Virginia 2012 Regular Session
Injunctions; requirement for bond. [HB-102]
Injunctions; requirement for bond. Requires a moving party to post bond only for temporary injunctions. Under current law, a bond is required for both temporary and permanent injunctions. This bill is a recommendation of the Boyd-Graves Conference.
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Virginia 2012 Regular Session
Criminal history record information check; elimination of fees. [HB-1012]
Criminal history record information checks; elimination of fees. Eliminates the fees to be collected by licensed dealers for every firearms transaction that requires a criminal history record information check.
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Virginia 2012 Regular Session
Rules of Evidence; adoption of amendments or additions of Rules by Supreme Court of Virginia, etc. [HB-101]
Rules of Evidence; adoption. Provides that the Rules of Evidence that have been prepared and adopted by the Supreme Court of Virginia and approved by the Virginia Code Commission shall take effect on July 1, 2012. A rule derived from an evidentiary provision in the Code of Virginia shall note such Code section in the title of the rule. Subsequent amendments or additions to the Rules of Evidence must be adopted by the Supreme Court of Virginia by November 15 and shall become effective on July 1 of the following year unless the General Assembly modifies
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Virginia 2011 Regular Session
Criminal history record information; Department of Rehabilitative Services to obtain for employment. [SB-956]
Criminal history record information; certain agencies. Authorizes the Department of Rehabilitative Services and the Department for the Blind and Vision Impaired to obtain criminal history record information for the purpose of evaluating an individual's fitness for various types of employment and for the purpose of delivering comprehensive vocational rehabilitation services that will assist the individual in obtaining employment.
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Virginia 2011 Regular Session
Temporary injunctions; considerations in awarding. [SB-851]
Temporary injunctions. Provides that, in assessing whether to award a temporary injunction, a court shall review the following factors: (i) the likelihood of irreparable harm to the party seeking the temporary injunction if the temporary injunction is denied; (ii) the likelihood of harm to the party not seeking the temporary injunction if the temporary injunction is granted; (iii) the likelihood that the party seeking the temporary injunction will succeed on the merits; and (iv) the public interest.
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Virginia 2011 Regular Session
Local officials; shall not be questioned on any legislative speech, etc., without leave of court. [SB-845]
Legislative speech or debate of local elected officials. Provides that an elected member of a local governing body shall not be compelled by law to be questioned on any speech or debate engaged in by the elected member during the exercise of his legislative powers without leave of court.
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Virginia 2011 Regular Session
Immunity of officers, etc., of nonprofit organizations; termination, etc., of corporation. [SB-841]
Immunity of officers, etc. of nonprofits; dissolution. Provides that the immunity from civil liability the directors and other officers of tax exempt organizations enjoy for acts taken in their official capacities shall survive the termination, cancellation, or other discontinuance of the organization.
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Virginia 2011 Regular Session
Virginia Fraud Against Taxpayers Act; issuance of civil investigative demands. [SB-831]
Issuance of civil investigative demands under the Virginia Fraud Against Taxpayers Act. Provides that the Attorney General may not issue a civil investigative demand to a Virginia public institution of higher education when the claim relates to a matter of academic inquiry or research. This bill incorporates
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Virginia 2011 Regular Session
Expert witnesses; literature designations. [SB-806]
Expert witnesses; literature designations. Provides that if any party, during the direct examination of his own expert witness, intends to rely on statements in treatises, periodicals, or pamphlets previously designated by an opposing party, copies of such specific statements must be provided to all parties within 10 days after receipt of the opposing party's designation unless ordered by the court. This bill is a recommendation of the Boyd-Graves Conference.
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Virginia 2011 Regular Session
Jurisdictional limits of courts; increases maximum civil limit of general district courts [SB-774]
Jurisdictional limits of courts. Increases from $15,000 to $25,000 the maximum civil jurisdictional limit of general district courts.