CHAPTER 62
An Act to amend and reenact §17.1-107 of the Code of
Virginia, relating to holding cases under advisement.
[H 269]
Approved March 3, 2014
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. A In any civil action, a judge of a circuit
court in a civil case who fails to act on any matter, claim, motion,
or issue that has been submitted to the court for a decision or render a final
decision in the action shall report, in writing, to the parties or their
counsel on any cause such matter, claim, motion, issue, or action
held under advisement for more than 90 60 days after final
such submission stating an expected time of a decision. In any civil
case action 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. 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 any matter,
claim, motion, issue, or case 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 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.
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