Civil Remedies And Procedure

State (Virginia)
Virginia 2008 Regular Session

Civil remedial fees; repeals provision for those imposed on certain drivers. [HB-290]
Civil remedial fees on certain drivers. Repeals § 46.2-206.1, which provides for the imposition of civil remedial fees on certain drivers.

Sponsored by: Rep. David Englin House: Left In Transportation on 02/12/2008

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State (Virginia)
Virginia 2008 Regular Session

Civil remedial fees; repeals provision for those imposed on certain drivers. [HB-287]
Civil remedial fees on certain drivers. Repeals § 46.2-206.1, which provides for the imposition of civil remedial fees on certain drivers.

Sponsored by: Sen. Charles Carrico House: Left In Transportation on 02/12/2008

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State (Virginia)
Virginia 2008 Regular Session

Service of process; mail to address as shown on official tax records. [HB-264]
Landlord and tenant law; appointment of resident agent by nonresident property owner. Requires that the Secretary of the Commonwealth, when acting as an agent for nonresident property owners, shall forward service of process to the address shown on the official tax record of the locality. Currently, it is to be sent to the address shown on the lease.

Sponsored by: Rep. Onzlee Ware Governor: Acts Of Assembly Chapter Text (chap0119) on 03/05/2008

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State (Virginia)
Virginia 2008 Regular Session

Civil remedial fees; repeals provision for those imposed on certain drivers. [HB-26]
Civil remedial fees on certain drivers. Repeals § 46.2-206.1, which provides for the imposition of civil remedial fees on certain drivers.

Sponsored by: No sponsors House: Left In Transportation on 02/12/2008

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State (Virginia)
Virginia 2008 Regular Session

Residential Landlord and Tenant Act; duty of landlord and managing agent for visible mold. [HB-221]
Landlord and managing agent immunity for mold claims. Provides that landlords and managing agents are not liable for civil damages in an action for exposure to mold arising from the condition within the interior of a dwelling unit brought by a tenant, authorized occupant, or guest or invitee if the mold condition is caused solely by the negligence of the tenant. The bill also provides that managing agents with no maintenance responsibilities are not liable for damages unless the agents have actual knowledge of the mold condition and fail to disclose (continued...)

Sponsored by: No sponsors Governor: Acts Of Assembly Chapter Text (chap0162) on 03/05/2008

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State (Virginia)
Virginia 2008 Regular Session

Civil remedial fees; alternatives to fee for certain offenses. [HB-179]
Alternatives to civil remedial (abusive driver) fee for certain offenses. Provides that if a reckless driving offense involves speeding in excess of 85 miles per hour, the court may, in its discretion, order the installation of a device to limit the speed of the vehicle routinely driven by the defendant to 75 miles per hour in lieu of a civil remedial fee. The bill also provides that if the offense involves driving while intoxicated in violation of § 18.2-266, 18.2-266.1, or 46.2-341.24, the court may, in its discretion, order that the person install (continued...)

Sponsored by: No sponsors House: Left In Transportation on 02/12/2008

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State (Virginia)
Virginia 2008 Regular Session

Insurance liability; disclosure of limits prior to filing a lawsuit. [HB-172]
Civil procedure; disclosure of insurance liability limits. Allows an injured person, or his attorney, to request the disclosure of the liability limits of an insurance policy prior to filing a civil action for personal injuries resulting from a motor vehicle accident. The party requesting this information shall provide the insurer with (i) the date of the accident, (ii) the name and last-known address of the alleged tortfeasor, (iii) a copy of the accident report, if any, (iv) the claim number, if available, and (v) the injured person's medical (continued...)

Sponsored by: No sponsors Governor: Acts Of Assembly Chapter Text (chap0819) on 04/14/2008

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State (Virginia)
Virginia 2008 Regular Session

Immigration laws; immunity to State agencies and employees, etc. for authorized enforcement. [HB-157]
Immunity for enforcement of immigration laws. Provides immunity to agencies and employees of the Commonwealth and political subdivisions for the authorized enforcement of immigration laws.

Sponsored by: No sponsors House: Left In Rules on 02/12/2008

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State (Virginia)
Virginia 2008 Regular Session

Transfer of juveniles; consider after-discovered evidence not considered during transfer hearing. [HB-1568]
Transfer of juveniles to circuit court; appeal. Clarifies that when a decision to transfer a juvenile from a court not of record to a court of record is made, the court shall consider after-discovered evidence on the issue of transfer, that was not discovered, introduced, and considered during the initial transfer hearing.

Sponsored by: Sen. Joseph Morrissey Senate: Passed By Indefinitely In Courts Of Justice (15-y 0-n) on 02/25/2008

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State (Virginia)
Virginia 2008 Regular Session

Individual retirement accounts (IRAs); exemption from civil judgments. [HB-1559]
IRAs; exemption from civil judgments. Exempts individual retirement accounts from all creditor process including civil judgments.

Sponsored by: Rep. L. Scott Lingamfelter House: Continued To 2009 In Courts Of Justice By Voice Vote on 02/04/2008

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State (Virginia)
Virginia 2008 Regular Session

Service of process; plaintiff requesting on defendant where service was not had, plaintiff must pay. [HB-1550]
Service of process. Provides that if a plaintiff requesting the reissuance of service of process on a defendant where service was not had, the plaintiff must pay the requisite fee for each subsequent reissuance of process requested after two attempts have been made. Currently, the law provides that process may be reissued once if service is not had after the initial request and that no fee is charged for this reissuance, but it is silent on subsequent requests for reissuances. The bill also eliminates the exception that requests for reissuance of (continued...)

Sponsored by: Rep. Christopher Peace House: Continued To 2009 In Courts Of Justice By Voice Vote on 02/01/2008

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State (Virginia)
Virginia 2008 Regular Session

Civil remedial fees; repeals provision for those paid, imposed on certain drivers, refund fees. [HB-154]
Civil remedial fees imposed on certain drivers. Repeals § 46.2-206.1 of the Code of Virginia, which provided for imposition of civil remedial fees on certain drivers. The bill further provides for refunds of any fees paid, with interest.

Sponsored by: No sponsors House: Left In Transportation on 02/12/2008

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State (Virginia)
Virginia 2008 Regular Session

Name change; proof that applicant is citizen of United States. [HB-151]
Name change; proof that the applicant is U.S. citizen. Requires that every application for a change of name contain proof that the applicant is a United States citizen.

Sponsored by: No sponsors House: Failed To Pass In House on 03/13/2008

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State (Virginia)
Virginia 2008 Regular Session

Medical records; fees for copying. [HB-145]
Medical records; fees for copying. Provides that the provisions that control the fees that may be charged for medical records in civil cases also apply with respect to Workers' Compensation Act proceedings.

Sponsored by: No sponsors House: Left In Courts Of Justice on 02/12/2008

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State (Virginia)
Virginia 2008 Regular Session

Medical bills and charges; patient, patient's attorney, etc. may obtain list at no cost. [HB-143]
Copies of medical bills and charges; no cost. Provides that a patient, patient's attorney, or insurance provider may obtain a list of charges or an account balance pertaining to that patient at no cost.

Sponsored by: No sponsors House: Left In Courts Of Justice on 02/12/2008

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State (Virginia)
Virginia 2008 Regular Session

Successor Asbestos-Related Liability Fairness Act; created. [HB-142]
Virginia Successor Asbestos-Related Liability Fairness Act; created. Creates the Virginia Successor Asbestos-Related Liability Fairness Act, which establishes limits on the liability of successor corporations for asbestos-related claims that have been assumed or incurred through merger or consolidation with another corporation.

Sponsored by: No sponsors House: Left In Courts Of Justice on 02/12/2008

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State (Virginia)
Virginia 2008 Regular Session

Social Services, Department of; nonattorney employees to complete, sign, and file petitions, etc. [HB-1382]
Department of Social Services; petitions. Authorizes designated nonattorney employees of the Department of Social Services to complete, sign, and file petitions and motions in Department cases relating to the establishment, modification, or enforcement of support on forms approved by the Supreme Court of Virginia. The bill also provides that any orders entered prior to the effective date of this bill are not deemed void or voidable solely because the petitions and motions were signed by nonattorney employees. This bill is identical to

Sponsored by: Rep. David Toscano Governor: Acts Of Assembly Chapter Text (chap0136) on 03/05/2008

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State (Virginia)
Virginia 2008 Regular Session

Life expectancy; evidence. [HB-1383]
Evidence of life expectancy. Establishes that in any matter where it is necessary to establish the expectancy of continued life, life tables published by the U.S. Department of Health and Human Services pertaining to age, sex, and ethnicity of the person shall be received in all courts. Currently the Code provides a table of the life expectancy based upon age and gender only.

Sponsored by: Rep. William Janis House: Left In Courts Of Justice on 02/12/2008

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State (Virginia)
Virginia 2008 Regular Session

Civil remedial fees; repeals provision for those imposed certain drivers. [HB-1375]
Civil remedial fees on certain drivers. Repeals § 46.2-206.1, which provides for the imposition of civil remedial fees on certain drivers.

Sponsored by: Sen. Adam Ebbin House: Left In Transportation on 02/12/2008

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State (Virginia)
Virginia 2008 Regular Session

Interpreters; use during testifying. [HB-1370]
Use of interpreters; not hearsay. States that if a person is testifying regarding the statement of another, and it would not be considered impermissible hearsay but for the use of an interpreter to communicate with such person, then the fact that an interpreter was used shall not make it impermissible.

Sponsored by: Rep. C. Todd Gilbert House: Stricken From Docket By Courts Of Justice By Voice Vote on 02/01/2008

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