November 29, 2020

Volume X, Number 334


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.

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.

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.

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.

See Part 1 Here 

© 2020 Odin, Feldman & Pittleman, P.C.National Law Review, Volume IV, Number 181



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Odin, Feldman & Pittleman’s Litigation attorneys have successfully tried thousands of cases over more than four decades. This significant experience, which distinguishes us from other firms, is in all aspects of litigation: trials, appeals, mediation, and arbitration. Our litigators enjoy an excellent reputation in all local, state, and federal courts in Virginia, Maryland, and the District of Columbia, as well as in state and federal courts throughout the United States.

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