Civil Remedies And Procedure
Virginia 2022 Regular Session
Service of process; investigator employed by an attorney for the Commonwealth, etc. [SB-291]
Service of process; investigator employed by an attorney for the Commonwealth or Indigent Defense Commission. Provides that all investigators employed by an attorney for the Commonwealth or by the Indigent Defense Commission while engaged in the performance of their official duties when serving witness subpoenas shall not be considered a party or otherwise interested in the subject matter in controversy and, thus, are authorized to serve process to such witnesses.
Sponsored by: Sen. Creigh Deeds
Governor: Acts Of Assembly Chapter Text (chap0248) on 04/08/2022
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Gettr Virginia 2022 Regular Session
Statute of limitations; collection of medical debt. [HB-573]
Statute of limitations; contracts for health care services. Provides that the statute of limitations for an action on any contract, written or unwritten, for health care services, including actions brought by the Commonwealth, is three years. The bill further provides that the accrual date for actions on such a contract is 30 days after the later of (i) issuance of the initial invoice or the due date stated in such invoice to the patient or person legally responsible for payment or (ii) if the patient voluntarily enters into a payment plan with
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Sponsored by: Rep. L. Kaye Kory
Vote: (48-y 52-n) on 04/28/2022
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Virginia 2022 Regular Session
Wrongful incarceration; compensation. [HB-397]
Compensation for wrongful incarceration. Modifies the formula for compensating wrongfully incarcerated persons to equal $55,000 per year of incarceration, adjusted for inflation, changes the amount of compensation that may be paid out as a lump sum to equal 25 percent of the total award with the remainder to be paid out as an annuity with a term of 10 years, provides that the General Assembly may pay to the wrongfully incarcerated person the amount of court costs and other charges incurred to receive the compensation, and allows a wrongfully incarcerated
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Sponsored by: Rep. Richard Sullivan
Governor: Acts Of Assembly Chapter Text (chap0572) on 04/11/2022
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Virginia 2022 Regular Session
Statute of limitations; promises not to plead. [HB-409]
Promises not to plead the statute of limitations. Specifies that a written promise not to plead the statute of limitations is valid only when such written promise is made to avoid or defer litigation pending settlement of any cause of action that has accrued in favor of the promisee against the promisor. The bill further replaces the current requirement of validity that such promise not be made contemporaneously with any other contract with the requirement that the written promise be signed by the promisor or his agent. Finally, the bill specifies
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Sponsored by: Rep. Jeffrey Campbell
Governor: Acts Of Assembly Chapter Text (chap0477) on 04/11/2022
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Virginia 2022 Regular Session
Malicious prosecution; creates civil cause of action, self-defense. [HB-515]
Civil action for malicious prosecution; self-defense. Creates a civil cause of action for malicious prosecution in any case in which a criminal defendant charged with aggravated murder, murder in the first degree, murder in the second degree, or voluntary manslaughter is found to have acted solely in self-defense. The bill provides that such cause of action shall lie against the prosecutor who brought the charges or prosecuted such criminal case if such criminal defendant can prove that such prosecution was malicious and motivated by reasons other
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Sponsored by: Rep. Marie March
Stricken From Docket By Courts Of Justice (18-y 0-n) on 01/28/2022
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Virginia 2022 Regular Session
Liability for sale of alcohol to an impaired customer; injury to another person. [SB-230]
Liability for sale of alcohol to an 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 who 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. Liability for sale of alcohol to an impaired customer; injury to another person due to operation of vehicle while intoxicated.
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Sponsored by: Sen. Emmett Hanger
Incorporated By Judiciary on 02/02/2022
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Virginia 2022 Regular Session
Personal property; distrained or levied on property, auctioneers or auction firms outside county. [HB-449]
Distrained or levied on personal property; auctioneers or auction firms outside the county or city of an officer. Allows for the use of a Virginia-licensed auctioneer or auction firm in selling distrained or levied on personal property and the transportation of such property to an auction site for such sale, regardless of whether the auction site is within or outside the county or city of the officer responsible for selling such property. Under current law, an officer who distrains or levies on personal property is not allowed to remove such property
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Sponsored by: Rep. Terry Kilgore
Governor: Acts Of Assembly Chapter Text (chap0062) on 04/01/2022
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Virginia 2022 Regular Session
Civil actions; filed on behalf of multiple persons. [HB-505]
Civil actions filed on behalf of multiple persons. Provides that a circuit court may enter an order joining, coordinating, consolidating, or transferring civil actions upon finding that separate civil actions brought by a plaintiff on behalf of multiple similarly situated persons involve common questions of law or fact and arise out of the same transaction, occurrence, or series of transactions or occurrences. The bill requires the Supreme Court to promulgate rules no later than November 1, 2022, governing such actions. The bill has a delayed effective
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Sponsored by: Rep. Michael Mullin
Left In Courts Of Justice on 02/15/2022
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Virginia 2022 Regular Session
Professional counselors, licensed; added to list of providers who can disclose or recommend records. [HB-242]
Practice of licensed professional counselors. Adds licensed professional counselors to the list of eligible providers who can disclose or recommend the withholding of patient records, face a malpractice review panel, and provide recommendations on involuntary temporary detention orders.
Sponsored by: Rep. Dawn Adams
Governor: Acts Of Assembly Chapter Text (chap0509) on 04/11/2022
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Virginia 2022 Regular Session
Civil actions; standing. [SB-208]
Civil actions; standing. Provides that a person in a civil action shall be deemed to have standing if that person has a cognizable interest in the outcome of the matter, which may be represented by the ownership of an affected property interest or the suffering of an injury unique to that individual.
Sponsored by: Sen. John Petersen
Stricken At The Request Of Patron In Judiciary (15-y 0-n) on 02/02/2022
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Virginia 2022 Regular Session
Safe haven protections; newborn safety device at hospitals for reception of children. [SB-175]
Safe haven protections; newborn safety device. Provides an affirmative defense in certain criminal prosecutions and civil proceedings regarding child abuse or neglect to a parent who safely delivers his child within the first 30 days of the child's life to a newborn safety device located at a hospital that provides 24-hour emergency services or at an attended emergency medical services agency that employs emergency medical services personnel. The bill also provides civil and criminal immunity to such hospitals and emergency medical services agencies
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Sponsored by: Sen. Mark Peake
Incorporated By Judiciary on 01/24/2022
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Virginia 2022 Regular Session
Public health emergencies; expands immunity for health care providers. [SB-148]
Public health emergencies; immunity for health care providers. Expands immunity provided to health care providers responding to a disaster to include actions or omissions taken by the provider as directed by any order of public health in response to such disaster when a local emergency, state of emergency, or public health emergency has been declared. Public health emergencies; immunity for health care providers. Expands immunity provided to health care providers responding to a disaster to include actions or omissions taken by the provider as
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Sponsored by: Sen. Thomas Norment
Governor: Approved By Governor-chapter 617 (effective 7/1/22) on 04/11/2022
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Virginia 2022 Regular Session
Deceased or incompetent party; admissibility of statements. [SB-144]
Admissibility of statements of a deceased or incompetent party. Repeals the "dead man's statute," which provides that no judgment shall be entered against a person incapable of testifying based upon the uncorroborated testimony of the adverse party.
Sponsored by: Sen. John Edwards
Continued To 2023 In Judiciary (14-y 0-n) on 02/09/2022
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Virginia 2022 Regular Session
Wrongful death; death of parent or guardian of a child resulting from driving under the influence. [HB-136]
Wrongful death; death of the parent or guardian of a child resulting from driving under the influence; child support. Provides that 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.
Sponsored by: Rep. Jeffrey Campbell
Stricken From Docket By Courts Of Justice (20-y 0-n) on 02/07/2022
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Virginia 2022 Regular Session
Court of Appeals of Virginia; makes various changes to procedures and jurisdiction of the Court. [SB-143]
Court of Appeals of Virginia; emergency. Makes various changes to the procedures and jurisdiction of the Court of Appeals of Virginia, including (i) clarifying that an aggrieved party of certain pretrial orders may petition the Court of Appeals for review of such order and that such petitions shall be reviewed by a three-judge panel, (ii) providing that a party to an appeal that requests an extension for a filing deadline in the Court of Appeals must show good cause for the extension to be granted, (iii) clarifying that appeal bonds and security
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Sponsored by: Sen. John Edwards
Governor: Acts Of Assembly Chapter Text (chap0714) on 04/27/2022
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Virginia 2022 Regular Session
Health care providers; amends definition to include home care organizations and hospice. [HB-92]
Health care providers; definition. Amends the definition of "health care provider" to include home care organizations and hospice.
Sponsored by: Sen. Chris Head
Left In Health, Welfare And Institutions on 02/15/2022
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Virginia 2022 Regular Session
Safe haven protections; newborn safety device at hospitals for reception of children. [SB-63]
Safe haven protections; newborn safety device. Provides an affirmative defense in certain criminal prosecutions and civil proceedings regarding child abuse or neglect to a parent who safely delivers his child within the first 30 days of the child's life to a newborn safety device located at a hospital that provides 24-hour emergency services or at an attended emergency medical services agency that employs emergency medical services personnel. The bill also provides civil and criminal immunity to such hospitals and emergency medical services agencies
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Sponsored by: Sen. Frank Ruff
Governor: Acts Of Assembly Chapter Text (chap0080) on 04/05/2022
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Virginia 2022 Regular Session
Proceeds of compromise agreements; investment in college savings trust accounts for minors. [SB-64]
Proceeds of compromise agreements; minors; investment in college savings trust accounts. Permits a court to direct the payment of the proceeds of an approved compromise agreement, in the case of damage to the person or property of a minor, by investment in a college savings trust account for which the minor is the beneficiary pursuant to a college savings trust agreement with the Virginia College Savings Plan, provided that (i) the investment options pursuant to such agreement are restricted to target enrollment portfolios; (ii) the order or decree
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Sponsored by: Sen. Scott Surovell
Governor: Acts Of Assembly Chapter Text (chap0535) on 04/11/2022
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Virginia 2022 Regular Session
Infant relinquishment laws; DSS to establish hotline to make information available to public. [HB-50]
Safe haven protections; hotline to provide information about infant relinquishment laws and options. Directs the Department of Social Services to establish a toll-free, 24-hour hotline to make information about the Commonwealth's safe haven laws that provide for relinquishment of an infant, infant relinquishment locations, and support and resources available for parents available to the public and to make information about the hotline, including the toll-free number that may be used to contact the hotline, available on its website. The bill also
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Sponsored by: Rep. C. Matthew Fariss
Governor: Acts Of Assembly Chapter Text (chap0174) on 04/07/2022
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Virginia 2022 Regular Session
Safe haven protections; newborn safety device at hospitals for reception of children. [HB-16]
Safe haven protections; newborn safety device. Provides an affirmative defense in certain criminal prosecutions and civil proceedings regarding child abuse or neglect to a parent who safely delivers his child within the first 30 days of the child's life to a newborn safety device located at a hospital that provides 24-hour emergency services or at an attended emergency medical services agency that employs emergency medical services personnel. The bill also provides civil and criminal immunity to such hospitals and emergency medical services agencies
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Sponsored by: Rep. Mark Keam
Governor: Acts Of Assembly Chapter Text (chap0081) on 04/05/2022