SB563: Civil cases; time limit for those held under advisement.
Be it enacted by the General Assembly of Virginia:
1. That § 17.1-107 of the Code of Virginia is amended and reenacted as follows:
§ 17.1-107. Designation of judge to assist regular judge holding case under advisement for unreasonable length of time.
A. Whenever the A judge of a circuit court in a
civil case shall report, in writing, to the parties or their counsel on any
cause held under advisement for more than 90 days after final submission
stating an expected time of a decision. In any civil case in which a judge
holds any cause under advisement for more than 90 days after final submission,
fails to report as required by this section, or fails to render a decision
within the expected time stated in the report, any party or their counsel may
notify the Chief Justice of the Supreme Court. [ The Whenever
the ] Chief Justice of the Supreme Court, or any justice
designated by him, [ has reasonable cause to believe that any judge of
a court of record may be holding one or more civil cases under advisement for
an unreasonable length of time, he has reasonable cause to believe
that any judge of a court of record may be holding one or more civil cases
under advisement for an unreasonable length of time, he ] shall inquire into
the cause of such delay, and if he finds it necessary, in order to
expedite the administration of justice, he shall designate a judge or retired
judge of a court of record [ or take other appropriate action ]
to assist the regular judge in the performance of his duties.
B. Complaints made hereunder shall be absolutely privileged and the name of the complainant shall not be disclosed without his consent.
Be it enacted by the General Assembly of Virginia:
1. That § 17.1-107 of the Code of Virginia is amended and reenacted as follows:
§ 17.1-107. Designation of judge to assist regular judge holding case under advisement for unreasonable length of time.
A. Whenever the A
judge of a circuit
court in a civil case shall report, in writing, to
the parties or their counsel on any cause held
under advisement for more than 90 days after final
submission stating an expected time of a decision. In any
civil case in which a judge holds any cause under advisement for
more than 90 days after final submission, fails to report as
required by this section, or fails to render a
decision within the expected time stated in the report, any party or their
counsel may notify the Chief Justice of
the Supreme Court. The Chief Justice of the Supreme Court, or any
justice designated by him, has reasonable cause to believe that any judge of
a court of record may be holding one or more civil cases under advisement for
an unreasonable length of time, he shall inquire into the cause of
such delay, and if he finds it necessary, in
order to expedite the administration of justice, he shall designate a judge or
retired judge of a court of record or take other
appropriate action to assist the regular judge in the performance
of his duties.
B. Complaints made hereunder shall be absolutely privileged and the name of the complainant shall not be disclosed without his consent.