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A BILL to amend the Code of Virginia by adding in Title 8.01 a chapter numbered 5.2, consisting of sections numbered
8.01-267.10
,
8.01-267.11
, and
8.01-267.12
, relating to specialty civil court dockets; business and complex litigation dockets established; criteria for eligible actions.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Title 8.01 a chapter numbered 5.2, consisting of sections numbered
8.01-267.10
,
8.01-267.11
, and
8.01-267.12
, as follows:
CHAPTER
5
.2
.
BUSINESS AND COMPLEX LITIGATION DOCKET ACT
.
§
8.01-267.10
.
Business and
c
omplex
l
itigation
d
ocke
ts created; purpose
; pres
iding judges
.
A.
There is
established
a business and complex litigation docket
,
created
to
assist circuit cour
ts
with
certain corporate, commercial, business, or transactional
actions
that involve
specialized legal issues, complex contexts, intricate transactions, multiple parties, or other complicating factors
.
A b
usiness
and complex litigation docket
is a specialized civil court docket within the existing structure of the Commonwealth's
circuit
court system that enables the
judiciary to manage its workload more efficiently.
B.
The Chief Justice of the Supreme Court of Virginia
may
designate
no more than
four
judges of circuit courts that are located, to the extent possible, in different regions
of the Commonwealth
to preside ove
r any
matter
transferred to a business and complex litigation docket in accordance with §
8.01-267.12
.
Any judge so designated by the Chief Justice, as well as the chief judge
and other judges sitting in the same judicial circuit,
shall
be consulted in the process of establishing such docket in such judicial circuit.
§
8.01-267.11
.
Eligibility criteria; requirements for transfer
; what actions ineligible
.
A.
A
n action shall be transferred to a business and complex litigation docket only if such action
(i) presents special complexity, including specialized issues or acute litigation management needs, and (ii) falls
into one or more of the following
categories
:
1. Corporate governance dispute
s
;
2. Derivative actions;
3. Merger or acquisition litigation;
4. Intellectual property disputes;
5. Trade secret litigation;
6. Antitrust
litigation;
7.
Environmental litigation;
8. Franchise actions;
9. Actions arising from the Uniform Commercial Code;
10
.
Any
matter in which a business entity has brought an action against another business entity; or
11.
Except as provided in subsection C,
any
other
action
that a circuit court judge determines requires specialized management.
B.
In addition
, any action
that is
deemed eligible for transfer or assignment to a business and complex litigation docket pursuant
to the criteria described in subsection A
shall have an amount in controversy
of
no
t
less than $100,000.
Nothing in this subsection shall be construed
to make
such
amount in controversy
of
$100,000 or more
the sole basis of eligibility for transfer or assignment to a business and complex litigation docket
.
C. Except where a request for transfer demonstrates extraordinary circumstances that warrant specialized docket management, the following categories of cases shall be
in
eligible for transfer:
1. Medical malpractice;
2. Domestic relations;
3. Personal injury and wrongful death;
4. Premises liability;
5. Negligence;
6. Virginia Freedom of Information Act
(§
2.2-3700
et seq.)
actions;
7. Claims brought under the Federal Employers
'
Liability Act, 45 U.S.C. § 51 et seq.;
8. Legal malpractice;
9. Defamation;
10. Real property actions;
11. Virginia Consumer Protection Act
(§
59.1-196
et seq.)
claims; or
12. Contempt of court.
§
8.01-267.12
. Transfer; request for transfer
.
A. In any action that meets the eligibility criteria
described in
§
8.01-267.11
, counsel for any party or the circuit court judge initially assigned to the matter on the regular docket may submit
a
docket transfer request form
to the Office of the Executive Secretary of the Supreme Court of Virginia
for referral to the Chief Justice.
The Chief Justice shall review such tr
ansfer request and may order that the matter be transferred to the specialized docket
Such docket transfer form shall describe the reason for such request and statement
s
from
any
counsel of any party
or
the circuit court judge initially assigned
who did not initially request such transfer
regarding why such transfer
may or may not be necessary or beneficial.
B. The Office of the Executive Secretary of the Supreme Court of Virginia, in collaboration with the Chief Justice
and the
Specialty Docket Advisory Committee studying business and complex litigation dockets
, shall
establish procedures and rules, as necessary, for the transfer
of such actions, including criteria for when a
request to transfer
an eligible case may be
granted or denied.
2. That the Office of the Executive Secretary of the Supreme Court of Virginia, in collaboration with the Specialty Docket Advisory Committee studying business and complex litigation dockets, shall finalize and publish a Business and Complex Litigation Docket Transfer Request form consistent with the provisions of this act.
3. That the Office of the Executive Secretary of the Supreme Court of Virginia shall amend Rule 1:25 of the Rules of the Supreme Court of Virginia to be consistent with the provisions of this act.