HB 122 Environmental Quality, Department of; review and authorization of projects, hearing and appeal.

Chief patron: Sullivan

Summary as passed House:
Department of Environmental Quality; review and authorization of projects; hearing and appeal. Allows any interested party seeking judicial review for the final decision of the Department of Environmental Quality to seek judicial review of such decision by filing an action in the Circuit Court of the City of Richmond with 30 days after such decision in accordance with the Administrative Process Act. The bill requires the court to hear and decide such action as soon as practicable after the date of filing.

02/14/24 Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
02/27/24 Senate: Rereferred from Agriculture, Conservation and Natural Resources (13-Y 0-N)
02/27/24 Senate: Rereferred to Courts of Justice
02/28/24 Senate: Senate committee, floor amendments and substitutes offered
02/28/24 Senate: Reported from Courts of Justice with amendment (7-Y 4-N)

HB 171 Signing of pleadings, motions, and other papers; electronic signatures.

Chief patron: Keys-Gamarra

Summary as introduced:
Signing of pleadings, motions, and other papers; electronic signatures. Clarifies that an electronic signature or a digital image of a signature shall satisfy the requirement in current law that every pleading, motion, or other paper of a party be signed by at least one attorney of record. This bill is a recommendation of the Boyd-Graves Conference.

02/21/24 House: Bill text as passed House and Senate (HB171ER)
02/21/24 House: Signed by Speaker
02/24/24 Senate: Signed by President
03/01/24 House: Enrolled Bill communicated to Governor on March 1, 2024
03/01/24 Governor: Governor's Action Deadline 11:59 p.m., March 8, 2024

HB 182 Breach of a contract; award of attorney fees, factors.

Chief patron: Hope

Summary as introduced:
Breach of a contract; attorney fees; factors. Provides that, for any contract entered into on or after July 1, 2024, if such contract contains a provision allowing the award of attorney fees to a party when the other party to such contract breaches such contract, the court may also allow reasonable attorney fees to be awarded to the party that prevails in any action, whether as plaintiff or defendant, with respect to such contract. The bill requires the court to take into account certain factors in determining such reasonable attorney fees.

01/03/24 House: Prefiled and ordered printed; offered 01/10/24 24104413D
01/03/24 House: Referred to Committee for Courts of Justice
01/15/24 House: Stricken from docket by Courts of Justice (22-Y 0-N)

HB 272 Attorney fees; judgments, compensation, or monetary awards related to veterans.

Chief patron: Reid

Summary as introduced:
Attorney fees; judgments, compensation, or monetary awards related to veterans. Prohibits an attorney from charging, demanding, receiving, or collecting for services rendered fees in excess of 10 percent of any judgment, compensation, or monetary award granted to a veteran or the family member of a veteran, or the legal representative of such individual, related to the veteran's service in the Armed Forces of the United States or the Virginia National Guard, including any judgment, compensation, or monetary award granted pursuant to the Camp Lejeune Justice Act of 2022. The bill provides that an attorney who violates such prohibition shall be fined not more than $5,000 and may be subject to disciplinary action by the Virginia State Bar.

01/05/24 House: Prefiled and ordered printed; offered 01/10/24 24100380D
01/05/24 House: Referred to Committee for Courts of Justice
01/19/24 House: Stricken from docket by Courts of Justice (22-Y 0-N)

HB 779 Permissible venue; personal injury and wrongful death actions, appointment of administrator.

Chief patron: Callsen

Summary as introduced:

Permissible venue; personal injury and wrongful death actions; appointment of administrator on behalf of estate of decedent. Provides that in a personal injury or wrongful death action in which an administrator is appointed on behalf of the estate of a decedent, permissible venue shall lie only in a county or city in which venue would have been properly laid if the person for whom such appointment is made had survived. This bill is a recommendation of the Boyd-Graves Conference and is identical to SB 138.

02/22/24 House: Bill text as passed House and Senate (HB779ER)
02/22/24 House: Signed by Speaker
02/25/24 Senate: Signed by President
03/01/24 House: Enrolled Bill communicated to Governor on March 1, 2024
03/01/24 Governor: Governor's Action Deadline 11:59 p.m., March 8, 2024

HB 782 Virginia Human Rights Act; dual-filed civil actions.

Chief patron: Herring

Summary as passed House:

Virginia Human Rights Act; dual-filed civil actions. Clarifies timelines for dual-filing complaints alleging unlawful discrimination under the Virginia Human Rights Act and the U.S. Equal Employment Opportunity Commission. The bill allows either the complainant or the respondent for any charge of discrimination to request a notice of the right to file a civil action after the Commission has closed its file on such charge of discrimination.

02/26/24 Senate: Committee amendments agreed to
02/26/24 Senate: Engrossed by Senate as amended
02/26/24 Senate: Passed Senate with amendments (40-Y 0-N)
02/28/24 House: Senate amendments agreed to by House (90-Y 5-N)
02/28/24 House: VOTE: Adoption (90-Y 5-N)

HB 794 Statutory agents; service of process.

Chief patron: Henson

Summary as introduced:
Statutory agents; service of process. Adds the Clerk of the State Corporation Commission to the definition of "statutory agent" when such Clerk is appointed for the purpose of service of process on any individual, corporation, or limited partnership. The bill further applies certain methods of service of process currently applicable to limited liability corporations to nonstock corporations and domestic stock corporations. The bill provides that domestic or foreign limited liability partnerships may be served by personal service on its registered agent as directed by applicable provisions of Title 50 (Partnerships). The bill further provides that whenever the Clerk of the State Corporation Commission is appointed as the statutory agent service shall be deemed sufficient upon the person or entity being served and shall be effective on the date when service is made on the Clerk, provided, however, that the time for such person or entity to respond to process sent by the Clerk shall run from the date when the certificate of compliance is filed. This bill is a recommendation of the Boyd-Graves Conference.

02/13/24 House: VOTE: Block Vote Passage (99-Y 0-N)
02/14/24 Senate: Constitutional reading dispensed
02/14/24 Senate: Referred to Committee for Courts of Justice
02/28/24 Senate: Reported from Courts of Justice (15-Y 0-N)
03/01/24 Senate: Constitutional reading dispensed (40-Y 0-N)

HB 901 Interlocutory ruling, order, or action; motion to reconsider.

Chief patron: Srinivasan

Summary as introduced:
Interlocutory ruling, order, or action; motion to reconsider. Clarifies that no litigant, after making an objection or motion known to the court, shall be required to move for reconsideration to preserve his right to appeal a ruling, order, or action of the court, even if such ruling, order, or action is without prejudice to a motion to reconsider. This bill is a recommendation of the Boyd-Graves Conference.

02/22/24 House: Bill text as passed House and Senate (HB901ER)
02/22/24 House: Signed by Speaker
02/25/24 Senate: Signed by President
03/01/24 House: Enrolled Bill communicated to Governor on March 1, 2024
03/01/24 Governor: Governor's Action Deadline 11:59 p.m., March 8, 2024

HB 1250 Action establishing boundaries to land; attorney fees.

Chief patron: Williams

Summary as introduced:
Action establishing boundaries to land; attorney fees. Provides that in an action to establish boundary lines the court may award attorney fees to any prevailing party when the need to ascertain the true boundary lines arose from the action of another party, and where such action was in willful disregard of the rights of another. The bill also provides that a claim of damages may be joined with any proceeding to establish boundary lines. This bill is a recommendation of the Boyd-Graves Conference.

01/10/24 House: Prefiled and ordered printed; offered 01/10/24 24102438D
01/10/24 House: Referred to Committee for Courts of Justice
02/13/24 House: Left in Courts of Justice

HB 1338 Courthouses; website posting of notices.

Chief patron: Hope

Summary as introduced:
Courthouse and website posting of notices. Provides that, effective July 1, 2025, if any notice, summons, order, or other official document of any type is required to be posted pursuant to a provision of the Code on or at the front door of a courthouse or on a public bulletin board at a courthouse, it shall constitute compliance with this requirement if such document is (i) posted on the public government website of the locality served by the court or the website of any court, court clerk, sheriff, or commissioner of accounts of the locality or (ii) posted with such other documents at or near the principal public entrance to the courthouse in a location that is conspicuous to the public and approved by the chief judge of the circuit in which the courthouse is situated. Under the law as it currently will become effective July 1, 2025, for the website posting the document must be posted on either the public government website of the locality served by the court or the website of the circuit court clerk.

02/14/24 Senate: Constitutional reading dispensed
02/14/24 Senate: Referred to Committee for Courts of Justice
02/28/24 Senate: Committee substitute printed 24108562D-S1
02/28/24 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
03/01/24 Senate: Constitutional reading dispensed (40-Y 0-N)

HB 1343 General district circuit courts; transfer, civil jurisdiction.

Chief patron: Batten

Summary as introduced:
Civil jurisdiction of general district courts and circuit courts; transfer. Provides that while a matter is pending in general district court, upon motion of either the plaintiff or defendant seeking to increase the amount of the claim, the court is required to order a transfer to circuit court without requiring that the case first be dismissed or that the plaintiff suffer a nonsuit. Similarly, the bill provides that while a matter is pending in circuit court, upon motion of either the plaintiff or defendant seeking to decrease the amount of the claim, the court is required to order a transfer to general district court. Under current law, both of these provisions apply only to the motion of a plaintiff.

01/12/24 House: Presented and ordered printed 24104436D
01/12/24 House: Referred to Committee for Courts of Justice
02/01/24 House: Assigned Courts sub: Civil
02/02/24 House: Subcommittee recommends striking from docket (6-Y 0-N)
02/13/24 House: Left in Courts of Justice

HB 1396 Clerks' offices; days of operation, of clerks' authority to close office.

Chief patron: Hope

Summary as passed:

Days of operation of clerks' offices; clerks' authority to close office. Allows the clerk of the circuit court of any county or city to close the clerk's office on (i) Christmas Eve; (ii) any day or portion of a day that the Governor declares as a holiday for state employees; and (iii) any day or portion of a day on which the Governor, Supreme Court, or Judicial Council authorizes state offices to be closed. Under current law, the clerk may only close the clerk's office once a judge authorizes such clerk to do so. This bill is identical to SB 736.

02/26/24 Senate: Committee substitute agreed to 24108024D-S1
02/26/24 Senate: Engrossed by Senate - committee substitute HB1396S1
02/26/24 Senate: Passed Senate with substitute (37-Y 2-N 1-A)
02/28/24 House: Senate substitute agreed to by House 24108024D-S1 (88-Y 12-N)
02/28/24 House: VOTE: Adoption (88-Y 12-N)

HB 1435 Subpoenas; release of witness.

Chief patron: Anthony

Summary as introduced:
Subpoenas; release of witness. Makes the provisions governing a release of a witness from a subpoena applicable to a subpoena issued at the request of a party, or by or at the request of an attorney representing a party. Under current law, these provisions apply to the release of a witness from an attorney-issued subpoena only. This bill is a recommendation of the Boyd-Graves Conference.

02/23/24 Senate: Constitutional reading dispensed (38-Y 0-N)
02/26/24 Senate: Read third time
02/26/24 Senate: Passed Senate (40-Y 0-N)
02/29/24 House: Enrolled
02/29/24 House: Bill text as passed House and Senate (HB1435ER)

HB 1492 Trauma-informed training and education; work group to study.

Chief patron: Cousins

Summary as introduced:
Office of the Executive Secretary of the Supreme Court of Virginia; work group to study trauma-informed training and education; report. Directs the Office of the Executive Secretary to convene a work group to make recommendations on the development, adoption, and implementation of trauma-informed training and education for judges, magistrates, and court personnel. The bill requires the work group to submit its recommendations by December 1, 2024, to the Chairmen of the House and Senate Committees for Courts of Justice.

01/19/24 House: Presented and ordered printed 24105579D
01/19/24 House: Referred to Committee on Rules
01/25/24 House: Assigned Rules sub: Studies Subcommittee
01/29/24 House: Subcommittee recommends continuing to 2025
02/01/24 House: Continued to 2025 in Rules

HB 1521 Jurors; payment in civil cases.

Chief patron: Higgins

Summary as introduced:
Civil cases; payment of jurors. Provides that jurors in all civil cases shall be paid by one or both of the parties at the discretion of the presiding judge. Under current law, such payment is made by the political subdivision in which the summons is issued.

01/19/24 House: Presented and ordered printed 24105728D
01/19/24 House: Referred to Committee for Courts of Justice
02/02/24 House: Assigned Courts sub: Civil
02/05/24 House: Subcommittee recommends laying on the table (6-Y 2-N)
02/13/24 House: Left in Courts of Justice

HB 1541 Magistrates; appointment and supervision.

Chief patron: Williams

Summary as introduced:
Magistrates; appointment and supervision.

01/19/24 House: Presented and ordered printed 24105850D
01/19/24 House: Referred to Committee for Courts of Justice
02/02/24 House: Assigned Courts sub: Judicial
02/05/24 House: Subcommittee recommends laying on the table (8-Y 0-N)
02/13/24 House: Left in Courts of Justice

SB 86 Evidence; spoliation.

Chief patron: Peake

Summary as introduced:
Spoliation of evidence. Clarifies that, where evidence that should have been preserved in anticipation of litigation is lost, disposed of, altered, concealed, destroyed, or not preserved, and cannot be restored or replaced, no finding of intent that a party lost or destroyed evidence to prevent its use in litigation shall be required for the court to order remedial measures as provided by law.

01/01/24 Senate: Prefiled and ordered printed; offered 01/10/24 24101969D
01/01/24 Senate: Referred to Committee for Courts of Justice
01/10/24 Senate: Moved from Judiciary to Courts of Justice due to a change of the committee name
02/12/24 Senate: Stricken at request of Patron in Courts of Justice (15-Y 0-N)

SB 259 Civil actions filed on behalf of multiple persons; types of class actions.

Chief patron: Surovell

Summary as passed Senate:

Civil actions filed on behalf of multiple persons; class actions. Provides that one or more members of a class may, as representative parties on behalf of all members, bring a civil action or may be proceeded against in a civil action, provided that (i) the class is so numerous that joinder of all members or proceeding with such actions on an individual basis is impracticable or contrary to judicial economy; (ii) there are questions of law or fact common to the class; (iii) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (iv) the representative parties shall fairly and adequately protect the interests of the class. The bill further sets out the procedure to certify a class action, the duties of counsel appointed in a class action, the various orders a court may issue during the course of a class action, and the process by which a settlement, voluntary dismissal, or compromise may occur. The bill has a delayed effective date of January 1, 2025, and is identical to HB 418.

02/26/24 House: Passed House (50-Y 46-N)
02/26/24 House: VOTE: Passage (50-Y 46-N)
02/29/24 Senate: Enrolled
02/29/24 Senate: Bill text as passed Senate and House (SB259ER)
02/29/24 Senate: Impact statement from DPB (SB259ER)

SB 587 Civil actions; filed on behalf of multiple persons.

Chief patron: Bagby

Summary as introduced:
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. Under current law, such order is permitted only where six or more plaintiffs have filed such actions. The bill further requires the Supreme Court of Virginia to promulgate rules no later than November 1, 2024, governing such actions. The bill has a delayed effective date of July 1, 2025, except that the provisions of the bill requiring the Supreme Court to promulgate rules are effective in due course.

01/10/24 Senate: Prefiled and ordered printed; offered 01/10/24 24103334D
01/10/24 Senate: Referred to Committee for Courts of Justice
01/24/24 Senate: Impact statement from DPB (SB587)
01/24/24 Senate: Incorporated by Courts of Justice (SB259-Surovell) (15-Y 0-N)

Counts: HB: 16 SB: 3