Civil Remedies And Procedure
Virginia 2023 Regular Session
Alcohol; liability for sale to an underage person. [SB-1226]
Liability for sale of alcohol to an underage person. Creates a cause of action against an alcoholic beverage control retail licensee who sells alcohol to an underage person who was visibly intoxicated if the consumption of the alcohol caused or contributed to an injury to person or property while the underage person operated a motor vehicle. The plaintiff must prove such negligence by a clear and convincing evidence standard.
Sponsored by: Sen. Mark Obenshain
Incorporated By Judiciary on 01/25/2023
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Gettr Virginia 2023 Regular Session
Emergency relief payments; automatic exemption from creditor process. [HB-1972]
Emergency relief payments; automatic exemption from creditor process; repeal. Repeals the provision allowing an exemption from the creditor process for emergency relief payments, defined as a 2020 recovery rebate for individuals and qualifying children provided pursuant to § 2201 of the federal Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-136) or any future federal payments or rebates provided directly to individuals for economic relief or stimulus due to the COVID-19 pandemic.
Sponsored by: Rep. James Leftwich
Governor: Acts Of Assembly Chapter Text (chap0456) on 03/24/2023
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Virginia 2023 Regular Session
Liability for sale of alcohol to an impaired customer; injury to another person. [SB-1113]
Liability for sale of alcohol to impaired customer; injury to another person due to operation of vehicle while intoxicated. Creates a cause of action against an alcoholic beverage control retail licensee that sells alcohol to a customer who subsequently injures another by driving while impaired if the consumption of the alcohol caused or contributed to an injury to person or property while the customer operated a motor vehicle.
Sponsored by: Sen. Emmett Hanger
Passed By Indefinitely In Judiciary (12-y 3-n) on 01/25/2023
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Virginia 2023 Regular Session
Writs of eviction; returns to issuing clerk. [HB-1836]
Writs of eviction; returns to issuing clerk; report. Requires the sheriff executing a writ of eviction to return such executed writ to the clerk of court who issued such writ. The bill further directs the Office of the Executive Secretary of the Supreme Court of Virginia to report annually to the Chairmen of the Senate Committee on the Judiciary, the Senate Committee on General Laws and Technology, the House Committee for Courts of Justice, the House Committee on General Laws, and the Virginia Housing Commission on the number of executed writs returned
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Sponsored by: Rep. Clinton Jenkins
Governor: Acts Of Assembly Chapter Text (chap0442) on 03/23/2023
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Virginia 2023 Regular Session
Writs of eviction; returns to issuing clerk. [SB-1089]
Writs of eviction; returns to issuing clerk; report. Requires the sheriff executing a writ of eviction to return such executed writ to the clerk of court who issued such writ. The bill further directs the Office of the Executive Secretary of the Supreme Court of Virginia to report annually to the Chairmen of the Senate Committee on the Judiciary, the Senate Committee on General Laws and Technology, the House Committee for Courts of Justice, the House Committee on General Laws, and the Virginia Housing Commission on the number of executed writs returned
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Sponsored by: Sen. Adam Ebbin
Governor: Acts Of Assembly Chapter Text (chap0443) on 03/23/2023
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Virginia 2023 Regular Session
Witnesses; exclusion, governmental agencies and other entities. [SB-1025]
Exclusion of witnesses; governmental agencies and other entities. Adds an officer or agent of a partnership, governmental agency, or other entity to the list of persons who are exempt from the rule allowing the exclusion of witnesses during a proceeding in a civil case.
Sponsored by: Sen. Richard Stuart
Governor: Acts Of Assembly Chapter Text (chap0615) on 03/26/2023
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Virginia 2023 Regular Session
Property; directs the court to consider certain factors when it orders a partition. [HB-1755]
Partition of property. Directs the court to consider certain factors when it orders a partition in kind, including (i) evidence of the collective duration of ownership or possession of any portion of the property by a party and one or more predecessors in title or predecessors in possession of the property who are or were related to the party; (ii) a party's sentimental attachment to any portion of the property, including any attachment arising because such portion of the property has ancestral or other unique or special value to the party; (iii)
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Sponsored by: Rep. Jeffrey Campbell
Governor: Acts Of Assembly Chapter Text (chap0333) on 03/23/2023
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Virginia 2023 Regular Session
Attorney-issued subpoenas; release of witness. [HB-1756]
Attorney-issued subpoenas; release of witness. Provides that, in a civil case only, a person to whom an attorney-issued subpoena is directed may be released from compliance with such subpoena by the attorney who issued the subpoena or a person acting on such attorney's behalf. As introduced, this bill is a recommendation of the Boyd-Graves Conference. Attorney-issued subpoenas; release of witness. Provides that, in a civil case only, a person to whom an attorney-issued subpoena is directed may be released from compliance with such subpoena by the
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Sponsored by: Rep. Jeffrey Campbell
Governor: Acts Of Assembly Chapter Text (chap0092) on 03/21/2023
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Virginia 2023 Regular Session
Immunity of persons; tort actions, assertion of immunity, attorney fees and costs. [HB-1757]
Immunity of persons; tort actions; assertion of immunity; attorney fees and costs. Provides that a person shall be immune from tort liability if the tort claim is based solely on statements (i) regarding matters of public concern that would be protected under the First Amendment to the Constitution of the United States made by that person that are communicated to a third party; (ii) made at a public hearing before the governing body of any locality or other political subdivision, or the boards, commissions, agencies, and authorities thereof, and
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Sponsored by: Rep. Jeffrey Campbell
Governor: Acts Of Assembly Chapter Text (chap0462) on 03/24/2023
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Virginia 2023 Regular Session
Guardian ad litem; appointment for minor witness. [SB-1033]
Appointment of guardian ad litem for minor witness. Authorizes a general district court, when the court determines circumstances so require, to appoint a discreet and competent guardian ad litem to represent a minor who is required to testify as a witness in a case before the court. The bill provides that such guardian ad litem shall be compensated for the provision of such services consistent with the rates and procedures set by the Supreme Court of Virginia for compensation of court-appointed counsel. Appointment of guardian ad litem for minor
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Sponsored by: Sen. Jeremy McPike
Governor: Acts Of Assembly Chapter Text (chap0378) on 03/23/2023
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Virginia 2023 Regular Session
Sexual abuse by person of authority; civil cause of action, limitations period. [HB-1647]
Civil cause of action; sexual abuse by person of authority; limitations period. Creates a civil cause of action for injury to a person 18 years of age or older resulting from sexual abuse by a person of authority, defined in the bill. The bill further specifies that any such action shall be brought within 15 years after the cause of action accrues.
Sponsored by: Rep. Kathleen Murphy
Governor: Acts Of Assembly Chapter Text (chap0027) on 03/16/2023
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Virginia 2023 Regular Session
Statute of limitations; medical debt payment period. [HB-1615]
Statute of limitations; medical debt. Provides that the statute of limitations for an action on any contract, written or unwritten, to collect medical debt, including actions brought by the Commonwealth, is three years from the original date of a health care service unless the contract with a hospital or health care provider is for a payment plan that allows for a longer period of time for the collection of debt by the hospital or health care provider.
Sponsored by: Rep. L. Kaye Kory
Failed To Report (defeated) In Courts Of Justice (9-y 11-n) on 02/03/2023
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Virginia 2023 Regular Session
Health care; decision making, end of life, penalties. [SB-930]
Health care; decision making; end of life; penalties. Health care; decision making; end of life; penalties. Allows an adult diagnosed with a terminal condition to request and an attending health care provider to prescribe a self-administered controlled substance for the purpose of ending the patient's life in a humane and dignified manner. The bill requires that a patient's request for a self-administered controlled substance to end his life must be given orally on two occasions and in writing, signed by the patient and one witness, and that the
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Sponsored by: Sen. Jennifer Boysko
Passed By Indefinitely In Education And Health (9-y 5-n) on 01/26/2023
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Virginia 2023 Regular Session
Ministers of religion; communications between persons they counsel or advise. [SB-990]
Communications between ministers of religion and persons they counsel or advise. Clarifies that no minister of religion shall be required to give testimony or evidence in a civil or criminal proceeding that would disclose confidential information provided to him by a person seeking spiritual counsel or advice unless such person seeking spiritual counsel or advise requests or consents to such disclosure from such minister of religion.
Sponsored by: Sen. Mark Peake
Passed By Indefinitely In Judiciary (9-y 6-n) on 01/18/2023
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Virginia 2023 Regular Session
Wrongful incarceration; compensation. [HB-1586]
Wrongful incarceration; compensation. Provides that any person who is convicted of a felony by a county or city circuit court of the Commonwealth and is wrongfully incarcerated for such felony shall receive, in addition to the compensation for wrongful incarceration specified under current law, not less than $25,000 for each year (i) of imprisonment after being sentenced to death; (ii) served on parole or postrelease supervision; or (iii) such person was required to register with the Sex Offender and Crimes Against Minors Registry.
Sponsored by: Rep. Richard Sullivan
Left In Courts Of Justice on 02/07/2023
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Virginia 2023 Regular Session
Interlocutory decrees or orders, certain; appeals. [SB-895]
Appeals of certain interlocutory decrees or orders; report. Prohibits the appeal of certain interlocutory decrees or orders relating to affirmance or annulment of a marriage, divorce, custody of a minor child, spousal or child support, control or disposition of a minor child, any other domestic relations matter arising under Title 16.1 (Courts Not of Record) or 20 (Domestic Relations), or any protective order other than a final protective order issued by a circuit court. The bill requires the Virginia Family Law Coalition to study appeals of interlocutory
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Sponsored by: Sen. Scott Surovell
Governor: Acts Of Assembly Chapter Text (chap0742) on 04/12/2023
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Virginia 2023 Regular Session
Wrongful death; death of parent/guardian of child resulting from driving motor veh. under influence. [HB-1549]
Wrongful death; death of parent or guardian of child resulting from driving under the influence; child support. Provides that in any action for death by wrongful act where the defendant, as a result of driving a motor vehicle or operating a watercraft under the influence, unintentionally caused the death of another person who was the parent or legal guardian of a child, the person who has custody of such child may petition the court to order that the defendant pay child support. Wrongful death; death of parent or guardian of child resulting from
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Sponsored by: Rep. L. Kaye Kory
Passed By Indefinitely In Judiciary (10-y 5-n) on 02/13/2023
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Virginia 2023 Regular Session
Va. Prisoner Litigation Reform Act; expands the Act to apply to civil actions brought by prisoners. [SB-863]
Virginia Prisoner Litigation Reform Act. Expands the Virginia Prisoner Litigation Reform Act to apply to civil actions brought by prisoners who are represented by counsel. Under current law, the provisions of the Act apply only to pro se prisoners. The bill clarifies that the Act shall apply to all civil actions for money damages brought under the laws of the Commonwealth and civil actions for injunctive, declaratory, or mandamus relief brought under the laws of the Commonwealth or federal law. The bill also provides that the Act shall apply to
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Sponsored by: Sen. William Stanley
Passed By Indefinitely In Judiciary (9-y 4-n) on 02/06/2023
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Virginia 2023 Regular Session
Immunity of persons; tort actions, assertion of immunity, attorney fees and costs. [SB-845]
Immunity of persons; tort actions; assertion of immunity; attorney fees and costs. Provides that a person shall be immune from tort liability if the tort claim is based solely on statements (i) regarding matters of public concern that would be protected under the First Amendment to the Constitution of the United States made by that person that are communicated to a third party; (ii) made at a public hearing before the governing body of any locality or other political subdivision, or the boards, commissions, agencies, and authorities thereof, and
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Sponsored by: Sen. John Petersen
Governor: Acts Of Assembly Chapter Text (chap0463) on 03/24/2023
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Virginia 2023 Regular Session
Finding of guilt in absentia; proof of such finding in a civil action. [HB-1440]
Finding of guilt in absentia; proof of such finding in a civil action. Requires evidence of a finding of guilt made in absentia in a criminal prosecution or traffic infraction to be admissible in a civil action whenever such finding is contended. The bill further requires the court hearing the civil case to admit evidence as to whether such finding was made if the criminal court records are silent or ambiguous as to whether such a finding occurred. These evidentiary requirements exist under current law for pleas of guilt and nolo contendere and
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Sponsored by: Rep. Jason Ballard
Governor: Acts Of Assembly Chapter Text (chap0278) on 03/22/2023