Subpoenas; those for witnesses or documents to be authorized by judge. (HB888)

Introduced By

Del. Terry Kilgore (R-Gate City)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Prisoner civil litigation; subpoenas; summary judgment; access to records. Requires that any subpoena for witnesses or documents be specifically authorized by a judge of the court in which the case is filed. The bill requires the court to exercise its discretion in determining the scope of the subpoena and allows the court to condition the subpoena on such terms as the court finds appropriate considering the burden placed on the object of the subpoena in relation to the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation. The bill also provides that a summary judgment motion may be made by any party after the commencement of a pro se civil action by a prisoner. The bill allows access to all records maintained by the Department of Corrections in the name of individual prisoners to counsel for the Commonwealth, an agency of the Commonwealth, a Commonwealth employee, or a private contractor providing services to the Department of Corrections in a pro se civil action brought by prisoner. Read the Bill »

Status

03/31/2006: signed by governor

History

DateAction
01/10/2006Prefiled and ordered printed; offered 01/11/06 062453105
01/10/2006Referred to Committee for Courts of Justice
01/18/2006Assigned to Courts of Justice sub-committee: Civil Law
01/23/2006Reported from Courts of Justice with substitute (21-Y 0-N)
01/24/2006Committee substitute printed 062858372-H1
01/25/2006Read first time
01/26/2006Read second time
01/26/2006Committee substitute agreed to 062858372-H1
01/26/2006Engrossed by House - committee substitute HB888H1
01/27/2006Read third time and passed House BLOCK VOTE (96-Y 0-N)
01/27/2006VOTE: BLOCK VOTE PASSAGE (96-Y 0-N)
01/27/2006Communicated to Senate
01/30/2006Constitutional reading dispensed
01/30/2006Referred to Committee for Courts of Justice
02/27/2006Reported from Courts of Justice with amendments (14-Y 0-N)
02/28/2006Constitutional reading dispensed (40-Y 0-N)
02/28/2006VOTE: (40-Y 0-N)
03/01/2006Read third time
03/01/2006Reading of amendments waived
03/01/2006Committee amendments agreed to
03/01/2006Engrossed by Senate as amended
03/01/2006Passed Senate with amendments (40-Y 0-N)
03/01/2006VOTE: (40-Y 0-N)
03/02/2006Placed on Calendar
03/03/2006Senate amendments agreed to by House (100-Y 0-N)
03/03/2006VOTE: ADOPTION (100-Y 0-N)
03/11/2006Bill text as passed House and Senate (HB888ER)
03/11/2006Enrolled
03/11/2006Signed by Speaker
03/13/2006Signed by President
03/31/2006G Approved by Governor-Chapter 435 (effective 7/1/06)
04/06/2006G Acts of Assembly Chapter text (CHAP0435)