TITLE 8.01. CIVIL REMEDIES AND PROCEDURE.

§ 8.01-3 amended; § 17.1-318 repealed.
Rules of Court. Provides that the Supreme Court will no longer have to distribute the Rules of Court to certain parties listed in the Code. Amendments to the Rules of Court are placed on the Supreme Court's Internet site as soon as they are adopted and this is the primary source for the bench, bar and public to become aware of new Rules. The Rules are also published in Virginia Lawyer's Weekly and included in the Code of Virginia when it is updated. The bill also deletes the requirement that circuit court clerks keep a special book of Rules and amendments to the Rules. The bill will save approximately $7,500 in printing costs and was recommended by the Judicial Council for this reason. SB 856; CH. 280.

§ 8.01-9 amended.
Incarcerated felon divorce; guardian ad litem. Provides that the guardian ad litem that must be appointed for an incarcerated felon in a divorce action will be paid for out of the criminal fund in certain limited circumstances involving domestic physical or sexual assault. The guardian ad litem fee will be taxed against the felon as a part of the costs of the proceeding and, if collected, repaid to the Commonwealth. SB 788; CH. 563.

§ 8.01-15.1 added.
Anonymous plaintiff. Provides that any party can move for an order concerning the propriety of anonymous participation in a proceeding and lists the factors that the court is to consider in determining whether anonymity can be maintained. The issue may be raised at any stage of the litigation when circumstances warrant a reconsideration of the issue. If the court orders identification, the pleadings and dockets will be amended to reflect the true name back to date of filing. Where a party is proceeding anonymously, the court shall ensure that the parties are afforded all the rights, procedures, and discovery to which they are otherwise entitled. This bill is a recommendation of the Boyd-Graves Conference. SB 985; CH. 572.

§ 8.01-27.1 amended.
Civil remedies; suit for bad check. Increases the processing fee for bad checks from $25 to $35 and allows the holder to recover reasonable attorney's fees if awarded by the court. HB 1425; CH. 233.

§ 8.01-32 amended.
Lost evidences of debt. Adds "contract" and "open account agreement" to documents evidencing debt upon which a civil action may be maintained where no written evidence of those documents exists. The bill requires the plaintiff to verify under oath that the evidence of debt has been lost or destroyed and eliminates the requirement for a bond. This modification tracks with current procedure in many Virginia courts. Where a copy of the lost original exists, the bill requires the court to give effect to the copy as if the original had been placed in evidence. HB 1840; CH. 125.

§ 8.01-40.2. See § 59.1-200; HB 2618.

§ 8.01-47. See § 22.1-279.3:1; HB 2680.

§ 8.01-53 amended.
Class and beneficiaries; when determined. Adds as a new class of beneficiaries under the Virginia wrongful death act the beneficiaries who inherit when a person dies intestate. SB 1243; CH. 632.

§§ 8.01-66.2, 8.01-66.5, 8.01-66.6, 8.01-66.8, and 8.01-66.9 amended.
Personal injury claims; Commonwealth's lien. Adds nursing homes to the medical service providers that have liens on an injured person's personal injury claim. The bill provides that in any action against a nursing home for personal injuries or wrongful death, the injured party or his personal representative must give notice of the suit to the Department of Medical Assistance Services (DMAS) if DMAS has paid for any health care services. Notice must be provided within 60 days of filing the lawsuit or within 21 days of determining that DMAS has paid for health care services, whichever is later. The bill requires that DMAS respond in writing to requests for lien amounts within 60 days of receipt of any such request. HB 2741; CH. 525.

§§ 8.01-66.2, 8.01-66.5, 8.01-66.7, and 8.01-66.8 amended; § 43-63.1 repealed.
Lien for ambulance service. Increases from $50 to $200 the maximum lien that an ambulance service may have on the personal injury claim of the person to whom the ambulance service was provided, and incorporates the lien provisions for ambulance service into Title 8.01, Chapter 3, Article 7.1. The lien amount for ambulance service has not been amended since it was enacted in 1956. SB 841; CH. 455.

§§ 8.01-217 and 20-121.4 amended.
Name change; preventing identity theft. Provides that the court order granting a name change contains only the person's old name or names, new name, and address, and not the sensitive information (such as the applicant's mother's maiden name and possibly the applicant's social security number) required for the name change application. The bill thus protects sensitive information from being included in the public order and deed books, while ensuring that all necessary information is retained in the person's complete court file and is transmitted, as necessary, to the State Registrar of Vital Records and the Central Criminal Records Exchange. The bill also requires that name changes ordered as part of a decree of divorce are issued as separate orders, so that detailed and sensitive information contained within the decree of divorce (such as the names of minor children, and custody and support arrangements) is not disclosed in the order or deed books. HB 2305; CH. 258.

§ 8.01-225. See § 32.1-111.14:1; HB 1860.

§ 8.01-225 amended.
Hospital and health care worker immunity; smallpox vaccine. Provides that, in the absence of gross negligence or willful misconduct, (i) a health care provider that administers the smallpox vaccine to health care workers is not civilly liable for vaccine-related injuries to its health care workers or to third parties who are injured by close contact with the vaccinated health care workers and (ii) the immunized health care worker is not liable for any injuries sustained by a person who has indirect or direct contact with the worker. A "health care provider" is one participating in a smallpox preparedness program pursuant to a declaration by the Department of Health and Human Services through which individuals associated with the health care provider have received the smallpox vaccine or other smallpox countermeasure. A "health care worker" means a health care worker to whom a smallpox vaccine or other smallpox countermeasure has been administered as part of a smallpox preparedness program pursuant to a declaration by the Department of Health and Human Services. In order for immunity to attach, the vaccine must be administered in accordance with the recommendations of the Centers for Disease Control and Prevention relating to immunization of health care workers. The act is in force from the date of its passage, and the immunity provisions expire on July 1, 2005. SB 897; CH. 18 (effective 3/5/03).

§ 8.01-225. See § 32.1-111.4; SB 1224.

§ 8.01-225.01 added.
Certain immunity for health care providers during man-made disasters under specific circumstances. Provides, in the absence of gross negligence or willful misconduct, any health care provider who responds to a man-made disaster by delivering health care to persons injured in such man-made disaster immunity from civil liability for any injury or wrongful death arising from abandonment by such health care provider of any person to whom such health care provider owes a duty to provide health care when (i) a state or local emergency has been or is subsequently declared relating to such man-made disaster; and (ii) the provider was unable to provide the requisite health care to the person to whom he owed such duty of care as a result of the provider's voluntary or mandatory response to the relevant man-made disaster. This provision also provides, in the absence of gross negligence or willful misconduct, any hospital or other entity credentialing health care providers to deliver health care in response to a man-made disaster immunity from civil liability for any cause of action arising out of such credentialing or granting of practice privileges if (i) a state or local emergency has been or is subsequently declared relating to such man-made disaster; and (ii) the hospital has followed procedures for such credentialing and granting of practice privileges that are consistent with the Joint Commission on Accreditation of Healthcare Organizations' standards for granting emergency practice privileges. This bill notes that "health care provider" means those professions defined in the medical malpractice law and "man-made disaster" means the circumstances described in the emergency services and disaster law. Further, the immunity provided by the new section in this bill will be in addition to, and, not be in lieu of, any immunities provided in other state or federal law, including, but not limited to, Virginia's Good Samaritan law and emergency services and disaster law. HB 2184; CH. 507.

§ 8.01-226.1 amended.
Lawyers Helping Lawyers; civil immunity. Revises statute that grants civil immunity for persons assisting in Lawyers Helping Lawyers to reflect its change in status from an entity of the Virginia Bar Association to a free-standing Virginia nonprofit, nonstock corporation. Lawyers Helping Lawyers provides help to members of the legal profession who have substance abuse problems or are suffering from mental illness. SB 984; CH. 571.

§ 8.01-226.5:2. See § 18.2-371; HB 2447/SB 1151.

§§ 8.01-384.1:1 and 19.2-164 amended.
Court interpreters. Provides that the court shall fix the compensation of qualified interpreters, appointed by the court in civil and criminal cases for non-English speaking parties or witnesses, in accordance with guidelines set by the Judicial Council. This bill is a recommendation of the Judicial Council. SB 970; CH. 1011

§ 8.01-390.2. See § 19.2-188; SB 1002.

§ 8.01-470 amended.
Writs of possession; unlawful detainer. Clarifies that a sheriff shall evict, pursuant to a writ of possession, tenants named in the writ of possession and their authorized occupants, guests or invitees, and any trespassers in the premises. HB 2343; CH. 259.

§ 8.01-471. See § 55-248.34:1; HB 2342.

§§ 8.01-514 and 16.1-99 amended.
Wage garnishments. Provides that wage garnishments are permitted to last up to 180 days, and that a writ of fieri facias issued in a wage garnishment shall be returnable not more than 180 days after the date of issuance. HB 1458; CH. 234.

§ 8.01-581.1 amended.
Medical malpractice action limitation; private emergency medical care attendants or technicians. Adds emergency medical care attendants or technicians who provide fee-based emergency medical services to the definition of health care providers for purposes of the limitation on liability for medical malpractice actions. HB 1770; CH. 487.

§ 8.01-581.1 amended.
Medical malpractice; independent contractors. Adds independent contractors to the definition of health care provider for purposes of medical malpractice claims. HB 1864; CH. 492.

§ 8.01-581.14 repealed.
Medical malpractice; former rate review board. Repeals an obsolete Code provision that gave immunity to members of the rate review board established by the Virginia Hospital Association. The board is no longer in existence. This legislation is a recommendation of the Virginia Code Commission. HB 1477; CH. 397.

§ 8.01-581.20 amended.
Medical malpractice; expert witnesses. Limits the number of expert witnesses a party may designate, identify, or call to testify to no more than two per medical discipline on any issue presented. The bill does not limit the number of treating health care providers who may be called as witnesses. The bill permits the court to waive any limitations on medical experts, so long as the calling party pays all the costs incurred in their discovery, and to limit the number of other experts a party may designate, identify, or call to testify in the action. HB 1906; CH. 251.

§ 8.01-582 amended.
General receivers; use of social security numbers, etc., on affidavits. Deletes requirement that beneficiary's social security number and birthdate and the proposed dates of final and periodic disbursements routinely be included in the court order and provides instead that the general receiver file a sealed affidavit with this information. SB 815; CH. 97.

§§ 8.01-606, 26-4, 37.1-144, 58.1-1712, and 58.1-1714 amended.
Fiduciary duties; probate tax. Amends sections that pertain to the administration of small amounts of money (payment into court, fiduciary may qualify without security, surrender of incapacitated person's estate) to increase the dollar amount to $15,000. Raises from $10,000 to $15,000 the value of an estate that is subject to probate tax. This bill is a recommendation of the Judicial Council. HB 1921; CH. 195.

§ 8.01-654.2. See § 19.2-175; HB 1923.

§ 8.01-654.2. See § 19.2-175; SB 1239.
§ 8.01-675.3. See § 19.2-398; SB 1134.

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