Two bills involving tort reform have recently passed the Virginia General Assembly, and are expected to be become law. One addresses the use of discovery depositions in support of a motion for summary judgment, and the other addresses the award of expert witness fees when a nonsuit is taken shortly before trial.
House Bill 1708 amends Va. Code ยง 8.01-420 to allow limited use of discovery depositions under some circumstances in support of a motion for summary judgment. The amendment clarifies the statute to allow summary judgment to be based on requests for admission that are in turn based on deposition testimony, so long as the deposition testimony is not referenced in the request for admission, and the party is not required to admit having testified to specific facts.
