TITLE 8.01. CIVIL REMEDIES AND PROCEDURE.

§ 8.01-27.2 amended.
Bad checks; notice of nonpayment. Allows an affidavit of service of mailing to be used when a notice to the drawer is sent by regular mail in a civil action for giving a bad check. HB 455; CH. 763.

§ 8.01-44.5 amended.
Exemplary damages for persons injured by intoxicated drivers. Provides that, for the purposes of finding a person liable for punitive damages in a civil lawsuit for injuries caused in an accident involving an intoxicated driver or driver who refuses to submit to a blood alcohol test, it must be proven that at the time the defendant began drinking alcohol or during the time he was drinking alcohol or when he was operating a motor vehicle he knew or should have known that his ability to operate a motor vehicle, engine or train would be impaired. The current requirement is that at the time the defendant was drinking he knew that he would be operating a motor vehicle. HB 922; CH. 879.

§ 8.01-66.1 amended.
Remedy for arbitrary refusal of motor vehicle insurance claim. Increases the amount of claims for which the claimant can obtain a judgment for double damages to $3,500 if the insurer arbitrarily refuses the claim. Currently only claims of less than $2,500 are eligible for double damages if arbitrarily refused. HB 81; CH. 631.

§§ 8.01-195.4, 16.1-77, 16.1-92, and 16.1-122 amended.
Exclusive original jurisdiction of general district courts. Raises the original jurisdictional amount of cases in the general district court from $3,000 to $4,500. HB 924; CH. 645.

§ 8.01-195.6 amended.
Tort Claims Act; notice. Provides that notice of claim shall be deemed timely filed if it is sent by certified mail, return receipt requested, to one of the appropriate parties and the official receipt for the notice shows the mailing was within the prescribed time limits. HB 500; CH. 207.

§§ 8.01-216.1 through 8.01-216.19 added.
Virginia Fraud Against Taxpayers Act; civil penalty. Establishes a cause of action for false claims for payments or reimbursements against the Commonwealth. The remedy includes a civil penalty of between $5,000 and $10,000 plus three times the amount of damages sustained by the Commonwealth. The Attorney General or a private citizen has standing to prosecute the case in the name of the Commonwealth. SB 445; CH. 842.

§ 8.01-221.1 added.
Business damages. Provides that damages for lost profit of a new or unestablished business may be recoverable even though no history of profits can be established. SB 555; CH. 624.

§§ 8.01-227.4 through 8.01-227.7 added.
Civil liability for drug dealers. Creates a cause of action by which a drug dealer may be sued in tort by the parent or legal guardian of a child who used illegal drugs while under age eighteen. Recoverable damages include physical and emotional pain and suffering, and treatment, rehabilitation and medical expenses proximately caused by the unlawful use of a controlled substance. HB 324; CH. 863.

§ 8.01-251 amended.
Limitations on enforcement of judgments in general district court. Makes it abundantly clear that the enforcement of judgments entered in the general district courts shall be 10 years, unless an abstract of such judgment is docketed in the judgment book of a circuit court. Upon the docketing of such judgment, the limitation for the enforcement of a district court judgment is the same as for a judgment of the circuit court, which is 20 years. HB 738; CH. 394.

§ 8.01-293 amended.
High constable. Provides that a high constable may execute a writ of possession for real and personal property and serve a capias or criminal show cause order. HB 1287; CH. 342.

§ 8.01-294 amended.
Remedies; service of process. Provides that failure to make return of service of process within the required timeframe of 72 hours does not invalidate any service of process or any judgment based thereon. The bill also provides that in the event a late return prejudices a party or interferes with the court's administration of a case, the court may, in its discretion, continue the case, require additional or substitute service of process, or take such other action or enter such order as the court deems appropriate under the circumstances. SB 17; CH. 65.

§ 8.01-302 repealed.
Service of certain process on foreign or domestic corporations. Repeals § 8.01-302 of the Code so that general, rather than specific, rules regarding service on corporations are the only ones in effect. Section 8.01-302 provides that for service of process on corporations, in attachment or garnishment proceedings, and notice by a creditor of judgment obtained and execution thereon may be served on an agent of a foreign or domestic corporation wherever the agent is found in the Commonwealth. HB 326; CH. 702.

§ 8.01-399 amended.
Communications between physicians and patients. Provides that a diagnosis or treatment plan of the practitioner, as documented in the patient's medical record, during the time of the practitioner's treatment, may be disclosed in discovery or in testimony. To be admissible at trial, the diagnosis must be offered at a reasonable degree of medical probability. HB 37; CH. 308.

§ 8.01-399 amended.
Discovery of medical evidence at trial. Modifies current law provision that when the physical or mental condition of the patient is at issue in a civil action, facts communicated to, or otherwise learned by, a practitioner of any branch of the healing arts in connection with examination or treatment shall be disclosed only by discovery or testimony to provide that no order shall be entered compelling a party to sign a release for medical records from a health care provider unless the health care provider is located outside the Commonwealth or is a federal facility. HB 923; CH. 723.

§§ 8.01-407 and 8.01-413 amended.
Attorney-issued subpoenas. Authorizes attorneys to issue subpoenas for medical malpractice review panels and claims before the Workers' Compensation Commission. Current law allows attorneys to issue subpoenas for civil proceedings pending in a court or for a related deposition. The bill also provides that the transmittal sheet is part of the pleadings. There are existing sanctions for improper pleadings, so the sentence requiring that the transmittal sheet be signed under penalty of perjury is removed. The bill deletes the requirement for payment of a five dollar clerk's fee for a subpoena duces tecum for medical records because the attorney is issuing the subpoena instead of the clerk. This bill is a recommendation of the Boyd-Graves Conference. SB 541; CH. 463.

§ 8.01-407.1 added.
Identity of persons communicating anonymously over the Internet. Provides a procedure governing certain subpoenas in civil proceedings where it is alleged that an anonymous individual has engaged in tortious Internet communications. This bill is a recommendation of the Study on the Discovery of Electronic Data and has been endorsed by the Judicial Council. HB 819; CH. 875.

§§ 8.01-410 and 19.2-269.1 amended.
Inmates as witnesses. Allows the court to give the clerk or a deputy clerk of the circuit court the authority to issue transportation orders for inmates to appear in civil and criminal cases. HB 954; CH. 544/SB 650; CH. 515.

§ 8.01-413 amended.
Health care provider's records. Provides authorized insurers access to copies of a health care provider's records for a reasonable charge. HB 1185; CH. 654.

§ 8.01-424.1 added.
Workers' compensation; third party claims. Provides that when an employer has a subrogation interest in an employee's workers' compensation claim against a third party and the employer fails to consent to a settlement offer acceptable to the employee, the employee may petition the court (stating the compromise) where the action is pending for approval of the settlement. If no action is pending or the action is pending outside the Commonwealth, the petition may be filed in any circuit court in which venue lies as to the employee. The court may approve the settlement and after all appeals are exhausted and because the employer's subrogation interest has not been compromised, such approval is deemed consent to the settlement by the employer. SB 520; CH. 751.

§ 8.01-511.1 added.
Garnishment. Provides that a garnishee has no liability to the judgment creditor for failing to deliver the judgment debtor's property, other than earnings, if the summons does not contain sufficient or accurate information to enable the garnishee to reasonably identify the judgement debtor. If the summons contains either the social security number or taxpayer identification number or the name and address of the judgment debtor as they appear in the records of the garnishee, the summons is deemed to contain information sufficient to reasonably identify the property, and the garnishee shall answer the summoning court and send the judgment debtor a copy of its answer to the court. SB 546; CH. 688.

§§ 8.01-576.4 through 8.01-576.10, 8.01-576.12, 8.01-581.21, 8.01-581.22, and 8.01-581.23 amended; §§ 8.01-581.24, 8.01-581.25, and 8.01-581.26 added.
Alternative dispute resolution. Amends the general and court-referred mediation statutes to expand provisions regarding confidentiality and liability. The bill also redesignates the existing evaluation session as an orientation session and clarifies and provides detail to existing provisions. The bill also provides that a certified mediator shall be immune from civil liability while engaged in mediation unless the mediator acts in bad faith, with malicious intent or exhibits willful, wanton disregard for the rights of another. HB 818; CH. 718.

§§ 8.01-581.16 and 8.01-581.17 amended.
Civil law; immunity. Provides civil immunity for committee or board members, or consultants thereto, for functions related to patient safety, including entering into contracts with patient safety organizations. The bill also provides that reports or patient safety data in possession of a patient safety organization is confidential and that an employer may not retaliate against employees who make good faith reports to such organizations. As introduced, the bill was a recommendation of the Joint Commission on Health Care. SB 316; CH. 675.

§ 8.01-600. See § 17.1-213; SB 153.

§ 8.01-670 amended; § 8.01-670.1 added.
Appeal of interlocutory orders and decrees by permission. Provides that a party in a civil action may petition for an interlocutory appeal when, prior to the commencement of trial, a circuit court has entered in any pending civil action an order or decree that is not otherwise appealable. The appealing party must file with the circuit court a statement of the reasons why an immediate interlocutory appeal should be permitted on the basis that the order or decree involves a question of law as to which (i) there is substantial ground for difference of opinion, (ii) there is no clear, controlling precedent on point in the decisions of the appellate courts of Virginia, (iii) determination of the issue will be dispositive of a material aspect of the proceeding, and (iv) the court and the parties agree it is in the parties' best interest to seek an interlocutory appeal. Upon certification by the circuit court, a petition for appeal is filed with the appellate court that would have jurisdiction in an appeal from a final judgment. HB 257; CH. 107.

§§ 8.01-689 through 8.01-695 added.
Virginia Prisoner Litigation Reform Act. Creates a statutory scheme that prisoners must follow in order to file pro se civil actions for money damages or for injunctive, declaratory or mandamus relief. In order to proceed with a suit the prisoner must pay full filing fees and costs unless granted in forma pauperis status; grant of in forma pauperis status would permit payment of filing fees and costs in installments as directed by the court. If the prisoner has had no deposits in his inmate trust account for the six months preceding the filing of the action, prepayment of fees and costs are waived but will be taxed at the end of the case. In forma pauperis status must be denied if the prisoner has had three or more cases or appeals dismissed for being frivolous, malicious, or for failure to state a claim, unless the prisoner shows that he is in imminent danger of serious physical injury at the time of filing suit or it would be manifest injustice to deny such status. The prisoner's failure to state his claims in a written motion for judgment plainly stating facts sufficient to support his cause of action, accompanied by all necessary supporting documentation, is grounds for dismissal. The court must rule on initial dispositive motions on the record whenever possible rather than hold a hearing. The prisoner may not seek discovery until initial dispositive motions are ruled upon, and then only when he can demonstrate to the court that his requests are relevant and material to the issues in the case. HB 547; CH. 871.

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