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2010 SESSION
Convened January 13, 2010
CIVIL REMEDIES AND PROCEDURE
(P) Passed (F) Failed (V) Vetoed (I) Incoporated into other legislation (C) Carried over to 2011 Session |
Table of Contents | House Bill Index | Senate Bill Index | Chapter Index | PDF |
Absentee ballots; duties of electoral board to send within three business days, penalty. Amending § 24.2-706. (Patron-Cole, HB 50 (Chapter 538))
Adverse medical outcomes; pilot program created to assess disclosure programs in health care facilities. Adding § 8.01-581.20:2. (Patron-O’Bannon, HB 306 (C))
Adverse possession; abolition. Amending §§ 55-171 and 57-17; adding § 8.01-218.1. (Patron-McClellan, HB 219 (C); McEachin, SB 67 (C))
Affidavits; admissibility as evidence by government official regarding search of government records. Adding § 19.2-188.3. (Patron-Obenshain, SB 385 (Chapter 464))
Appeals; court may impose additional requirements to security posted in addition to altering amount of security. Amending § 8.01-676.1. (Patron-Loupassi, HB 105 (Chapter 494))
Attorney-client privilege and work product protection; limitations on waivers. Adding § 8.01-420.7. (Patron-Obenshain, SB 384 (Chapter 350))
Attorney-issued summons; eliminates prohibition of summonses in cases involving issuance of protective orders. Amending § 8.01-407. (Patron-Marsden, SB 721 (Chapter 486))
Attorney-issued summons; protective orders. Amending § 8.01-407. (Patron-Herring, HB 458 (Chapter 302))
Business entities; when referring to service of process includes any subpoena, summons, etc. Amending §§ 13.1-603, 13.1-803, 13.1-1002, and 13.1-1201. (Patron-Surovell, HB 819 (F))
Certificates of analysis and affidavits; admission into evidence. Amending §§ 18.2-472.1 and 19.2-187.1. (Patron-Stuart, SB 149 (I) See SB387)
Circuit court clerks’ offices; makes technical changes in handling of electronic or digital filing. Amending §§ 8.01-449, 17.1-258.3, 17.1-258.3:1, 17.1-276, 17.1-279, and 17.1-293; adding § 17.1-258.3:2. (Patron-Kilgore, HB 974 (Chapter 430))
Civil remedies; depositions as basis for motion of summary judgment or to strike evidence. Amending § 8.01-696; repealing § 8.01-420. (Patron-Blevins, SB 363 (F))
Claimants; certain persons paying claims to attorneys to provide direct notification. Adding § 8.01-4.4. (Patron-Albo, HB 738 (F))
Credit line deeds of trust; put under same 20-year statute of limitations as other deeds of trust and mortgages. Amending § 8.01-242. (Patron-Lewis, HB 379 (F))
Criminal background check; requirement of firearms show vendor and promoter of gun show. Amending § 54.1-4200; adding §§ 18.2-308.2:4 and 54.1-4201.2. (Patron-Lucas, SB 595 (F))
Criminal background checks; fingerprint checks of certain applicants and employees of public transit services. Amending §§ 15.2-1503.1 and 19.2-389; adding § 15.2-4517.1. (Patron-Miller, J.H., HB 690 (Chapter 563); Puller, SB 28 (Chapter 189))
Criminal history record check; required to transfer firearm from firearms show vendor. Amending § 54.1-4200; adding §§ 18.2-308.2:4 and 54.1-4201.2. (Patron-McClellan, HB 1234 (F))
Disclosure of insurance liability limits; allows an attorney of personal representative of a deceased person to request disclosure thereof. Amending § 8.01-417. (Patron-McEachin, SB 638 (I) See SB427)
Domestic relations cases; trier may draw an adverse inference against any party or witness who refuses to answer questions regarding certain conduct which may be self-incriminating. Amending § 8.01-223.1. (Patron-Marshall, R.G., HB 14 (F); Toscano, HB 67 (I) See HB14)
Driving under influence of alcohol arrests; an officer at a medical facility may issue a summons for violation thereof, and for refusal of certain tests. Amending §§ 19.2-73, 19.2-74, and 19.2-81. (Patron-Cleaveland, HB 770 (Chapter 840))
Elected or appointed officials; limit on attorney-issued subpoenas. Amending § 8.01-407. (Patron-Keam, HB 1127 (F))
Electronic recording of court proceedings; circuit and district court clerks to set up system in their courtrooms. Adding §§ 8.01-420.3:1 and 16.1-69.35:3. (Patron-Surovell, HB 827 (F))
Electronic summons system; cities and counties to assess fee as part of costs in criminal or traffic case in district or circuit courts. Amending § 17.1-281. (Patron-Petersen, SB 124 (F))
Eminent domain cases; reinstates option of landowner to choose between commissioners and juries to hear. Amending §§ 8.01-187, 25.1-100, 25.1-209, 25.1-213, 25.1-214, 25.1-219, 25.1-220, 25.1-235, 25.1-318, and 62.1-98; adding §§ 25.1-227.1 and 25.1-227.2. (Patron-Armstrong, HB 651 (Chapter 835))
Equitable distribution; monetary award in a divorce case may be enforceable in same manner as any other money judgment. Amending § 20-107.3. (Patron-Lewis, HB 377 (Chapter 506))
Exhibits; relieves clerk of notifying defendant of destruction or disposal of those used as evidence at trial. Amending § 19.2-270.4. (Patron-Anderson, HB 979 (Chapter 366); Stuart, SB 153 (Chapter 454))
Fiduciaries; actions or suits involving. Adding § 8.01-6.3. (Patron-Griffith, HB 1193 (Chapter 437))
Financial institutions; serving notice of lien. Amending §§ 8.01-502.1 and 8.01-512.4. (Patron-Quayle, SB 445 (Chapter 673))
Firefighters and Emergency Medical Technicians Procedural Guarantee Act; conduct of interrogations. Amending § 9.1-301. (Patron-McEachin, SB 68 (Chapter 779))
Garnishment; depository shall not withhold any earnings that have been deposited into an individual’s account after date of receipt. Amending § 34-29. (Patron-Abbott, HB 817 (F))
Hate crimes; includes in definition a category of acts committed against a person because of person’s sexual orientation. Amending §§ 8.01-42.1, 8.01-49.1, 18.2-57, 18.2-121, and 52-8.5. (Patron-Scott, J.M., HB 1142 (F))
Homeless persons; added to categories of persons who may seek injunctive relief or file an action for damages for harassment, etc., based on their status. Amending §§ 8.01-42.1, 8.01-49.1, 18.2-57, 18.2-121, and 52-8.5. (Patron-Hope, HB 844 (F))
Inflationary effects; increasing various costs, fees, penalties, etc. Amending §§ 6.1-118.1, 8.01-66, 8.01-66.2, 8.01-416, 8.01-504, 8.01-682, 15.2-1716, 16.1-105, 17.1-605, 19.2-69, 21-186, 38.2-807, 43-3, 43-24, and 46.2-364. (Patron-Edwards, SB 154 (Chapter 343))
Insurance policy limits; allows personal representative of estate of decedent to request disclosure thereof prior to filing civil action for wrongful death. Amending § 8.01-417. (Patron-Joannou, HB 1106 (Chapter 435); Herring, SB 427 (Chapter 354))
Jailable offense; discretion of law-enforcement officer to arrest or issue summons therefor. Amending § 19.2-74. (Patron-Reynolds, SB 643 (F))
Judgment; circuit court may decree sale of real estate used as owner’s primary residence to enforce. Amending § 8.01-462. (Patron-Peace, HB 711 (F))
Judicial Council and Committee on District Courts; repeals statutory provisions establishing these two policy-making bodies within judicial branch. Amending §§ 8.01-384.1:1, 8.01-576.8, 8.01-576.9, 8.01-581.23, 16.1-69.10, 16.1-69.14, 16.1-69.18, 16.1-69.21, 16.1-69.38, 16.1-69.39, 16.1-69.39:1, 16.1-69.40:1, 16.1-69.40:2, 16.1-69.45, 16.1-69.51, 16.1-69.54, 16.1-69.58, 16.1-89, 16.1-122.3, 16.1-265, 16.1-266.1, 17.1-315, 17.1-507, 17.1-706, 18.2-271.2, 19.2-34, 19.2-37 through 19.2-39, 19.2-46.1, 19.2-46.2, 19.2-164, 19.2-353.3, 20-60.4, 20-60.5, 20-79.1, 20-124.4, 37.2-802, 46.2-388, and 63.2-1924; repealing §§ 16.1-69.9:3, 16.1-69.31, 16.1-69.33, and 17.1-700 through 17.1-705.1. (Patron-Janis, HB 240 (F))
Jury panel; disclosure to counsel thereof within three business days. Amending § 8.01-353. (Patron-Obenshain, SB 382 (Chapter 799))
Jury verdict; allows court to amend pleadings to conform them to amount awarded if verdict for damages in excess of requested amount. Adding § 8.01-383.2. (Patron-Herring, HB 465 (F))
Landlord and tenant laws; clarifies judgement rate of interest, landlord and tenant obligations. Amending §§ 6.1-330.54, 8.01-128, 34-5, 55-226.2, 55-246.1, 55-248.4, 55-248.7:2, 55-248.9:1, 55-248.15:1, 55-248.15:2, and 55-248.38:3; adding § 16.1-79.1. (Patron-Oder, HB 407 (Chapter 550))
Law-enforcement officer; discretion of officer to arrest or issue summons to person for jailable offense. Amending § 19.2-74. (Patron-Miller, J.H., HB 681 (F))
Medical services; State’s lien for payment. Amending §§ 8.01-66.9 and 8.01-66.10; adding § 8.01-66.10:1. (Patron-Edwards, SB 155 (C))
Minors; name change presumed to be in minor’s best interest. Amending § 8.01-217. (Patron-Shuler, HB 372 (C))
Motor fuel or lubricating oils; admission into evidence of certificates of analysis. Amending § 59.1-165. (Patron-Obenshain, SB 386 (Chapter 152))
Newspapers; may petition circuit court for authority to publish legal notices and publications. Amending § 8.01-324. (Patron-Albo, HB 282 (C))
Petition to vacate finding of guilt of convicted person; upon discovery of new evidence. Adding § 19.2-9.2. (Patron-Morrissey, HB 184 (F))
Podiatry; testifying as an expert witness, definition of practice. Amending § 54.1-2900; adding § 8.01-401.2:1. (Patron-Peace, HB 723 (Chapter 725); Howell, SB 82 (Chapter 715))
Privileged communications; exchange of health care-related information between committees, boards, groups, etc., shall not constitute a waiver of privilege. Amending § 8.01-581.17. (Patron-Northam, SB 191 (Chapter 196))
Public sewer system; locality may adopt ordinance establishing standards for use and services, penalty. Amending § 15.2-2122. (Patron-Knight, HB 82 (Chapter 198))
Registered voters; court clerks who receive notice that juror is no longer qualified to serve to furnish list to Board of Elections. Amending §§ 8.01-346 and 24.2-428. (Patron-Martin, SB 53 (F))
Service by publication; validates orders of those processed by a clerk or deputy clerk prior to July 1, 2010, for service in certain actions. Amending § 8.01-316. (Patron-Lewis, HB 376 (Chapter 827))
Settlement payment; insurer to provide notice to a judgment creditor or claimant upon payment of at least $5,000. Adding § 38.2-236. (Patron-Norment, SB 511 (F))
Summary judgment; documents that can serve as basis for motion. Amending § 8.01-420. (Patron-O’Bannon, HB 309 (C))
Tort claims; Joint Legislative Audit and Review Commission to study costs incurred by State or its localities. (Patron-Edwards, SJR 30 (F))
Uniform Arbitration Act; vacating arbitration award. Amending § 8.01-581.010. (Patron-Edwards, SB 156 (C))
Uniform Commercial Code; prohibits inclusion in a sales agreement that would limit buyer’s ability to recover costs of repairing work by defective materials or workmanship. Amending § 8.2-719. (Patron-Bulova, HB 699 (C))
Warranty registration cards; prohibits seller from conditioning coverage or performance of warranty. Amending § 59.1-200; adding § 8.2-317.1. (Patron-Puller, SB 27 (Chapter 713))
Wrongful incarceration; definition, compensation. Amending § 8.01-195.10. (Patron-Alexander, HB 203 (Chapter 496))
Wrongful incarceration for felony conviction; individuals granted an absolute pardon for commission of crime that he did not commit, conditions for compensation. Amending §§ 8.01-195.10, 8.01-195.11, and 8.01-195.12. (Patron-Tata, HB 559 (Chapter 557))
2010 Cumulative Index of Bills, Joint Resolutions, and Resolutions - For additional information, please contact the House of Delegates Information and Public Relations Office, P. O. Box 406, State Capitol, Richmond, Virginia 23218, telephone (804) 698-1500. Last updated 06/17/10 |