Virginia: Car Accidents – a Lawyer’s Depositions

placeholder image big

Va. Code Ann. § 8.01-420 was amended and reenacted by Senate Bill 1347 and House Bill 1708 of the 2013 Virginia General Assembly. Effective July 1, 2013, it qualifies the rule against using discovery depositions for summary judgment motions without agreement of all parties in vehicle accident, medical malpractice, and all other lawsuits.

Now summary judgment motions may be granted on requests for admission “based in whole or in part upon and discovery depositions… and may include admitted facts learned, or referenced in such a deposition”. § 8.01-420 (A). However, that new exception does not apply “with respect to any claim or demand for punitive damages based on the operation of a motor vehicle by a person while under the influence of alcohol, any narcotic drug, or any self-administered intoxicant or drug”. § 8.01-420 (B).