Interlocutory appeals; immunity, petitions or appeals, civil actions. (SB771)

Introduced By

Sen. Bill Stanley (R-Moneta)

Progress

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

Description

Interlocutory appeals; immunity. Provides that, when the circuit court has entered in any pending civil action an order or decree that is not otherwise appealable, a party may file in such court a motion requesting that the court certify such order or decree for interlocutory appeal. The bill further provides that if such certification is opposed by any party the parties may brief the motion. Within 15 days of the entry of an order granting such certification, a petition for appeal may be filed with the appellate court having jurisdiction from a final judgment in the proceeding. Current law specifies that such petition must be filed within 10 days of such certification. The bill further provides that when, prior to the commencement of trial, the circuit court has entered an order granting or denying a plea of sovereign, absolute, or qualified immunity that, if granted, would immunize the movant from compulsory participation in the proceeding, the order is eligible for immediate appellate review. The bill specifies that any person aggrieved by such order may file a petition for review with the appropriate appellate court. The bill provides that the failure of a party to seek interlocutory review shall not preclude review of the issue on appeal from a final order and that an order denying such review shall not preclude review of the issue on appeal from a final order. As introduced, the bill was a recommendation of the Boyd-Graves Conference. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/08/2020Prefiled and ordered printed; offered 01/08/20 20102379D
01/08/2020Referred to Committee on the Judiciary
02/10/2020Reported from Judiciary with amendments (13-Y 0-N 1-A) (see vote tally)
02/11/2020Read second time
02/11/2020Reading of amendments waived
02/11/2020Committee amendments agreed to
02/11/2020Engrossed by Senate as amended SB771E
02/11/2020Printed as engrossed 20102379D-E
02/11/2020Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/11/2020Passed Senate (40-Y 0-N) (see vote tally)
02/14/2020Placed on Calendar
02/14/2020Read first time
02/14/2020Referred to Committee for Courts of Justice
02/14/2020Assigned Courts sub: Civil
02/17/2020Subcommittee recommends reporting (7-Y 0-N)
02/19/2020Reported from Courts of Justice (20-Y 0-N) (see vote tally)
02/21/2020Read second time
02/24/2020Read third time
02/24/2020Passed House BLOCK VOTE (100-Y 0-N)
02/24/2020VOTE: Block Vote Passage (100-Y 0-N) (see vote tally)
02/27/2020Enrolled
02/27/2020Bill text as passed Senate and House (SB771ER)
02/27/2020Signed by President
02/27/2020Signed by Speaker
03/10/2020Enrolled Bill Communicated to Governor on March 10, 2020
03/10/2020G Governor's Action Deadline 11:59 p.m., April 11, 2020
04/09/2020G Approved by Governor-Chapter 907 (effective 7/1/20)
04/09/2020G Acts of Assembly Chapter text (CHAP0907)