Security for appeal; clarifies difference between an appeal bond and a suspending bond, etc. (HB437)

Introduced By

Del. Manoli Loupassi (R-Richmond)

Progress

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

Description

Security for appeal. Clarifies the difference between an appeal bond (a bond or irrevocable letter of credit conditioned upon paying the costs or fees incurred in the appellate court) and a suspending bond (a bond or irrevocable letter of credit suspending the judgment appealed) and the method for seeking modification of such bonds in the trial court or commission that entered the judgment appealed and in the appellate courts. The bill provides that a party seeking to modify the amount or other requirements of such bonds in an appellate court may do so by motion in addition to the current method of requesting such modification in a brief filed with the appellate court. The bill also allows the parties to agree to waive the requirement of a suspending bond or to agree to a suspending bond in an amount less than the compensatory damages awarded in the judgment. The bill further requires that the amount of the suspending bond include an amount equivalent to one year's interest calculated from the date of the notice of appeal using the statutory judgment rate of interest. The bill lastly provides that the effect of failing to perfect an appeal bond is governed by the Rules of Supreme Court of Virginia. This bill is a recommendation of the Boyd-Graves Conference. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/07/2016Committee
01/07/2016Prefiled and ordered printed; offered 01/13/16 16100072D
01/07/2016Referred to Committee for Courts of Justice
01/14/2016Assigned to sub: Subcommittee Civil Law
01/14/2016Assigned App. sub: Subcommittee Civil Law
01/14/2016Assigned Courts sub:
01/20/2016Subcommittee recommends reporting (9-Y 0-N)
01/27/2016Reported from Courts of Justice (22-Y 0-N) (see vote tally)
01/29/2016Read first time
02/01/2016Read second time and engrossed
02/02/2016Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/02/2016VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
02/03/2016Constitutional reading dispensed
02/03/2016Referred to Committee for Courts of Justice
02/17/2016Reported from Courts of Justice (13-Y 0-N) (see vote tally)
02/19/2016Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/22/2016Read third time
02/22/2016Passed Senate (40-Y 0-N) (see vote tally)
02/24/2016Enrolled
02/24/2016Bill text as passed House and Senate (HB437ER)
02/24/2016Signed by Speaker
02/25/2016Signed by President
02/25/2016Enrolled Bill communicated to Governor on 2/25/16
02/25/2016G Governor's Action Deadline Midnight, March 3, 2016
03/01/2016G Approved by Governor-Chapter 178 (effective 7/1/16)
03/01/2016G Acts of Assembly Chapter text (CHAP0178)