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2007 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 8.01-265 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-265. Change of venue by court.
In addition to the provisions of § 8.01-264 and
notwithstanding the provisions of §§ 8.01-195.4, 8.01-260, 8.01-261 and
8.01-262, the court wherein an action is commenced may, upon motion by any
defendant party and for good cause shown, (i) dismiss an action
brought by a person who is not a resident of the Commonwealth without prejudice
under such conditions as the court deems appropriate if the cause of action
arose outside of the Commonwealth and if the court determines that a more
convenient forum which has jurisdiction over all parties is available in a
jurisdiction other than the Commonwealth or (ii) transfer the action to any
fair and convenient forum having jurisdiction within the Commonwealth. Such
conditions as the court deems appropriate shall include, but not be limited to,
a requirement that the defendant agree not to assert the statute of limitations
as a defense if the action is brought in a more convenient forum within a time
specified by the court. The court, on motion of a plaintiff any party
and for good cause shown, may retain the action for trial. Except by agreement
of all parties, no action enumerated in Category A, § 8.01-261, shall be
transferred to or retained by a forum not enumerated in such category. Good
cause shall be deemed to include, but not to be limited to, the agreement of
the parties or the avoidance of substantial inconvenience to the parties or the
witnesses, or complying with the law of any other state or the United States.
The provisions of (i) of this section shall not apply to causes of action which accrue under § 8.01-249(4).