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2001 SESSION

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CHAPTER 74 An Act to amend and reenact § 16.1-122.4 of the Code of Virginia, relating to representation and removal in small claims court; rights of parties. [H 1849] Approved March 6, 2001

Be it enacted by the General Assembly of Virginia:

1. That § 16.1-122.4 of the Code of Virginia is amended and reenacted as follows:

§ 16.1-122.4. Representation and removal; rights of parties.

A. All parties shall be represented by themselves in actions before the small claims court except as follows:

1. A corporate or partnership plaintiff or defendant may be represented by an owner, a general partner, an officer or an employee of that corporation or partnership who shall have all the rights and privileges given an individual to represent, plead and try a case without an attorney. An attorney may serve in this capacity if he is appearing pro se, but he may not serve in a representative capacity.

2. A plaintiff or defendant who, in the judge's opinion, is unable to understand or participate on his own behalf in the hearing may be represented by a friend or relative if the representative is familiar with the facts of the case and is not an attorney.

B. A defendant shall have the right to remove the case to the general district court at any point preceding the handing down of the decision by the judge and may be represented by an attorney for that purpose.