VA HB437 | 2016 | Regular Session

Status

Completed Legislative Action
Spectrum: Partisan Bill (Republican 1-0)
Status: Passed on March 1 2016 - 100% progression
Action: 2016-03-01 - Governor: Acts of Assembly Chapter text (CHAP0178)
Text: Latest bill text (Chaptered) [HTML]

Summary

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.

Tracking Information

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Title

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

Sponsors


Roll Calls

2016-02-22 - Senate - Senate: Passed Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2016-02-19 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2016-02-17 - Senate - Senate: Reported from Courts of Justice (13-Y 0-N) (Y: 13 N: 0 NV: 0 Abs: 0) [PASS]
2016-02-02 - House - House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (Y: 101 N: 0 NV: 2 Abs: 0) [PASS]
2016-01-27 - House - House: Reported from Courts of Justice (22-Y 0-N) (Y: 23 N: 0 NV: 0 Abs: 0) [PASS]
2016-01-20 - House - House: Subcommittee recommends reporting (9-Y 0-N) (Y: 9 N: 0 NV: 1 Abs: 0) [PASS]

History

DateChamberAction
2016-03-01 Governor: Acts of Assembly Chapter text (CHAP0178)
2016-03-01 Governor: Approved by Governor-Chapter 178 (effective 7/1/16)
2016-02-25 Governor: Governor's Action Deadline Midnight, March 3, 2016
2016-02-25HouseEnrolled Bill communicated to Governor on 2/25/16
2016-02-25SenateSigned by President
2016-02-24HouseSigned by Speaker
2016-02-24HouseBill text as passed House and Senate (HB437ER)
2016-02-24HouseEnrolled
2016-02-22SenatePassed Senate (40-Y 0-N)
2016-02-22SenateRead third time
2016-02-19SenateConstitutional reading dispensed (39-Y 0-N)
2016-02-17SenateReported from Courts of Justice (13-Y 0-N)
2016-02-03SenateReferred to Committee for Courts of Justice
2016-02-03SenateConstitutional reading dispensed
2016-02-02HouseVOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
2016-02-02HouseRead third time and passed House BLOCK VOTE (98-Y 0-N)
2016-02-01HouseRead second time and engrossed
2016-01-29HouseRead first time
2016-01-27HouseReported from Courts of Justice (22-Y 0-N)
2016-01-20HouseSubcommittee recommends reporting (9-Y 0-N)
2016-01-14HouseAssigned Courts sub: Civil Law
2016-01-07HouseReferred to Committee for Courts of Justice
2016-01-07HousePrefiled and ordered printed; offered 01/13/16 16100072D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
801676.1(n/a)See Bill Text
801682(n/a)See Bill Text

Virginia State Sources


Bill Comments

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