Virginia Civil Procedure Update, Part 2
On July 1, all the legislation passed in the last session of the Virginia General Assembly and approved by the Governor goes into effect. Last week I posted a list of relevant civil procedure changes in Virginia. Below are the remaining bills that I found particularly relevant, along with links to the actual language in the laws.
Trial by jury in a civil case—VA Code § 8.01-336 amended (House Bill 1039)—Unless waived, any demand for a trial by jury in a civil case made in compliance with the Rules of the Supreme Court of Virginia is sufficient to proceed with trial by a jury. No further notice or order is required. http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0172+pdf
Nonsuits; tolling—VA Code § 8.01-380 amended (House Bill 1041)—Makes clear that when a voluntary nonsuit is taken in a civil matter, the statute of limitations with respect to the cause of action in the case will be tolled in accordance with the provisions of subdivision E3 of VA Code § 8.01-229. http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0086+pdf
Rules of statutory construction; computation of time—VA Code § 1-210 amended (House Bill 1160)—Regarding the computation of time for the performance of acts in the course of legal proceedings (i.e., filing deadlines) any day the Governor authorizes the closing of the state government is considered a legal holiday. http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0596+pdf
Judgment on affidavit in action upon contract or note—VA Code § 8.01-28 amended (Senate Bill 230)—In an action upon a contract or note where the plaintiff is entitled to judgment on an affidavit, the plaintiff is entitled to a continuance if there is a defect in the affidavit. http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0688+pdf