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2012 SESSION
12101963DBe it enacted by the General Assembly of Virginia:
1. That § 30-5 of the Code of Virginia is amended and reenacted as follows:
§ 30-5. Continuance or time for filing pleading, etc., where party or attorney is connected with General Assembly or Division of Legislative Services.
Any party to an action or proceeding in any court, including
the Court of Appeals and the Supreme Court of Virginia, commission or other
tribunal having judicial or quasi-judicial powers or jurisdiction, who
is an officer, employee or member [ or member-elect ] of the General
Assembly, or employee of the Division of Legislative Services, or
who has, prior to or during the session of the General Assembly, employed or
retained to represent him in such action or proceeding an attorney who is or
becomes an officer, employee or member [ or member-elect ] of the
General Assembly, or employee of the Division of Legislative Services,
shall be entitled to a continuance as a matter of right (i) during the period
beginning thirty 30 days prior to the commencement of the session
and ending thirty 30 days after the adjournment thereof, and (ii)
during a period beginning one day prior to the meeting date of any reconvened
or veto session or of any commission, council, committee or subcommittee
created by the General Assembly at which such officer, employee or member is
scheduled to attend and ending one day after the adjournment of such meeting;
however, no continuance need be granted under clause (ii) unless it shall have
been requested in writing at least three days prior to the first day for which
the continuance is sought and filed with the court. The requesting party, when
practicable, shall strive to notify all other parties to the proceeding of such
request.
Any pleading or the performance of any act relating thereto
required to be filed or performed by any statute or rule during the period
beginning thirty 30 days prior to the commencement of the session
and ending thirty 30 days after the adjournment of the session
shall be extended until not less than thirty 30 days after any
such session. The failure of any court, commission or other tribunal to allow
such continuance when requested so to do or the returning of such filing or act
during the period hereinabove specified shall constitute reversible error;
provided that this section shall not prevent the granting of temporary
injunctive relief, or the dissolution or extension of a temporary injunction,
but the right to such relief shall remain in the sound discretion of the court
or other such tribunal.