§ 8.01-8 amended. Suit by minor's next friend. Allows either or both parents to sue on behalf of a minor as his next friend. Currently, Virginia practice recognizes the need for only one parent or other person to bring the suit. HB 18; CH. 402.

§ 8.01-44.5 amended. Exemplary damages for persons injured by intoxicated drivers. Provides that when a DUI defendant has unreasonably refused to submit to a test of his blood alcohol content, his conduct shall be deemed sufficiently willful or wanton as to show a conscious disregard for the rights of others, sufficient to allow for recovery of exemplary damages, when the evidence proves that (i) when the incident causing the injury or death occurred, the defendant was intoxicated; (ii) at the time the defendant was drinking alcohol, he knew that he was going to operate a motor vehicle and (iii) the defendant's intoxication was a proximate cause of the injury to or death of the plaintiff or plaintiff's decedent. HB 1144; CH. 722.

§ 8.01-66.5 amended. Lien for medical services. Removes the provision which allows service of a medical bill to create a lien. The lien may only be created by service of a written notice of lien. This bill is subject to a reenactment clause. HB 791; CH. 183.

§ 8.01-129 amended. Appeals from general district court; landlord tenant. Provides that in case of appeals from a default judgment based on the nonpayment of rent, the writ of execution shall be issued immediately upon entry of the judgment for possession. Currently, a writ of execution may not be issued during the 10-day period for the filing of an appeal. HB 642; CH. 750.

§ 8.01-195.3 amended. Virginia Tort Claims Act. Provides that civil actions may not be brought against the state based upon the failure of a computer, software program, database, network, or information system of a state agency or agency operating on behalf of the Commonwealth to interpret, produce, calculate, generate or account for a date which is compatible with the "Year 2000" date change. The bill is a recommendation of the Joint Commission on Technology and Science. HB 277; CH. 820.

§ 8.01-195.3 amended. Virginia Tort Claims Act; inmate claims. Eliminates the requirement that inmate grievance procedures be certified by the United States Attorney General. Currently some inmate claims are exempt from the provisions of the Tort Claims Act if they meet the standards under the institutional grievance procedures which require such certification. Recent changes in the federal law eliminated the certification that such grievance procedures meet minimal federal standards. HB 1003; CH. 203.

§ 8.01-225 amended. Immunity for ski patrol emergency assistance. Provides that any member of a ski patrol who renders emergency care to an injured or ill person and any ski resort owner who provides a ski patroller to assist in such emergency care shall be immune from civil liability in the absence of gross negligence or willful misconduct. HB 1113; CH. 500/SB 265; CH. 493.

§ 8.01-225.2 added. Immunity for those rendering emergency care to animals. Provides that persons who in good faith provide care or treatment to animals at the scene of an accident or emergency are not liable for injuries to such animals resulting from such care or treatment. SB 629; CH. 669.

§§ 8.01-271.1 and 8.01-410 amended; §§ 8.01-243.2, 8.01-644.1 and 53.1-60.1 added. Prisoner litigation reform. Provides a statute of limitations of one year (or six months following exhaustion of administrative remedies, whichever is later) for actions, including mandamus and habeas corpus, brought by or on behalf of prisoners and clarifies that prisoners are subject to frivolous claims sanctions. The Director of the Department of Corrections has the duty of collecting court debt. SB 648; CH. 596.

§§ 8.01-329 and 14.1-103 amended. Service of process on foreign defendants by service on Secretary of Commonwealth. Requires that service of process on foreign defendants over whom the court has personal jurisdiction shall be by, at a minimum, certified mail. (The bill also makes that change for Virginia defendants who, despite a plaintiff's due diligence, cannot be found.) Current law allows such service by ordinary mail (via the Secretary of the Commonwealth); however, the Court of Appeals of Maryland (the state's highest court) in Miserando v. Resort Properties, Inc., held that service by ordinary mail by a Virginia plaintiff upon a Maryland defendant did not satisfy minimum due process requirements. Current practice raises the question whether Virginia process will be given full faith and credit in Maryland; the bill would meet that court's minimum due process requirement for service (that which is now required by 48 states). The bill also raises the fee collectible by the Secretary of the Commonwealth for such service from $15 to $19 to account for the additional cost ($2.45) of certified mail, return receipt requested. HB 777; CH. 259.

§ 8.01-341 amended. Jury duty. Exempts superintendents and jail officers of regional jails from jury duty. HB 560; CH. 83.

§ 8.01-360 amended. Additional jurors. Allows twice as many veniremen to be drawn as additional jurors needed to assure that a sufficient number of jurors remain after the parties utilize their peremptory challenges. Under current law, if four additional jurors are sought, six veniremen would be drawn, but if each party exercises his two peremptory challenges, only two additional jurors would be available. This bill is recommended by the Judicial Council. SB 196; CH. 279.

§ 8.01-383.1 amended. Revision of civil verdict. Provides that if either party does not agree to additur, the court shall grant a new trial. HB 961; CH. 861.

§ 8.01-399 amended. Attorney-physician communications. Creates exceptions to the statutory ban on any communication between attorneys and practitioners of the healing arts. The current ban excepts communications made in the course of discovery. The added exceptions are intended to facilitate litigation while maintaining confidentiality. The bill is recommended by the Boyd-Graves Conference. SB 414; CH. 314.

§ 8.01-413. See § 32.1-127.1:03; HB 1101/SB 632.

§ 8.01-413. See § 54.1-111; SB 560.

§ 8.01-424 amended. Approval of compromises on behalf of persons under a disability in suits or actions to which they are parties. Revises the A. M. Best rating criterion for selection of an insurance company for periodic payments in the compromise of personal injury claims involving persons under a disability from A+ (A plus) to A+ (A plus) or better to reflect the addition of that rating by Best. HB 566; CH. 607/SB 105; CH. 584.

§ 8.01-424. See § 26-12; HB 665.

§ 8.01-451 amended. Docketing judgments; name change of debtor. Makes the provision for docketing a judgment in a debtor's new name consistent, no matter what method the clerk uses in his office to docket such name changes (e.g., microphotographic process or hard copy paper notations). SB 343; CH. 639.

§ 8.01-452.1 amended. Disposal of exhibits in civil cases. Provides that the notice from a clerk of court to an owner or attorney prior to the disposal or donation of exhibits used in a concluded civil case may be made by first class mail rather than certified mail, return receipt requested. The bill also provides that the exhibits may be donated or destroyed if a contrary response to the notice is not received by the clerk within 21 days of the mailing of the notice, rather than receipt as under current law. Finally, the bill requires that the clerk wait until 60 days after the entry of judgment, unless an appeal is noted or a rehearing or a new trial is requested, before destroying or donating the exhibits. Currently, the clerk must wait until the time for filing an appeal has expired. HB 1403; CH. 886.

§ 8.01-513 amended. Service of garnishments on corporations. Allows service of process upon officers, designated employees or managing employees of the corporation. The designation of an employee to be served must be filed with the State Corporation Commission. Service may be made upon the clerk of the State Corporation Commission or registered agent of the corporation only after the judgment creditor files with the court a certificate that due diligence failed to locate an officer, designated or managing employee or other person authorized to accept service. A prohibition on service on the judgment debtor who happens to be a designated or managing employee is included. A 1997 amendment limited service of such process upon the registered agent. Eff. 4/16/98. HB 1145; CH. 723/SB 327; CH. 737.

§§ 8.01-581.09 and 8.01-581.010 amended. Uniform Arbitration Act. Provides that a party may apply to have an award confirmed at any time after the award is made and specifies that the application to vacate be made by filing a petition or in response to a petition to confirm the award. HB 635; CH. 303.

§§ 8.01-609.1 and 8.01-618.1. See § 17.1-100; HB 1114.

§ 8.01-622.1 added. Assisted suicide. Provides that any person who intentionally and knowingly assists another to commit or attempt to commit suicide by providing the physical means or otherwise participating in a facilitating physical act may be civilly liable for compensatory and punitive damages and may be enjoined. The injunction may be sought by specified family members, by a Commonwealth's attorney or by the Attorney General. Additionally, a health care provider who is found liable or is enjoined will have his professional license suspended or revoked. HB 1378; CH. 624.

§ 8.01-654 amended. Habeas corpus. Imposes a statute of limitations on the filing of a writ in noncapital murder cases. The bill requires that a petition for writ of habeas corpus ad subjiciendum in noncapital cases, other than a petition challenging a criminal conviction or sentence, be brought within one year after the cause of action accrues. A habeas corpus petition attacking a criminal conviction or sentence in noncapital cases must be filed within two years of the date of final judgment in trial court or one year from either final disposition of the direct appeal in state court or the time for filing the appeal has expired, whichever is later. HB 1106; CH. 577.

§ 8.01-654.1 amended. Filing of habeas corpus petitions in capital cases. Provides that, notwithstanding the time restrictions otherwise applicable to the filing of a petition for a writ of habeas corpus, an indigent prisoner may file such a petition within 120 days following appointment of counsel to represent him. This corrects the problem which arises when an appointment is not timely made and counsel's period for preparation is shortened. HB 622; CH. 199.