Tuesday, October 7, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB1922: Venue; change by court, who may bring action.
Be it enacted by the General Assembly of Virginia:
1. That § 8.01-265 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-265. Change of venue by court.
In addition to the provisions of § 8.01-264 and
notwithstanding the provisions of §§ 8.01-195.4, 8.01-260, 8.01-261 and
8.01-262, the court wherein an action is commenced may, upon motion by any defendant party and for good cause shown, (i) dismiss an action brought by a
person who is not a resident of the Commonwealth without prejudice under such
conditions as the court deems appropriate if the cause of action arose outside
of the Commonwealth and if the court determines that a more convenient forum
which has jurisdiction over all parties is available in a jurisdiction other
than the Commonwealth or (ii) transfer the action to any fair and convenient
forum having jurisdiction within the Commonwealth. Such conditions as the court
deems appropriate shall include, but not be limited to, a requirement that the
defendant agree not to assert the statute of limitations as a defense if the
action is brought in a more convenient forum within a time specified by the
court. The court, on motion of a
plaintiff any party
and for good cause shown, may retain the action for trial. Except by agreement
of all parties, no action enumerated in Category A, § 8.01-261, shall be
transferred to or retained by a forum not enumerated in such category. Good
cause shall be deemed to include, but not to be limited to, the agreement of
the parties or the avoidance of substantial inconvenience to the parties or the
witnesses, or complying with the law of any other state or the United States.
The provisions of (i) of this section shall not apply to causes of action which accrue under § 8.01-249(4).
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.