SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2016 SESSION
16100580DBe it enacted by the General Assembly of Virginia:
1. That § 8.01-15.2 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-15.2. Servicemembers Civil Relief Act; default judgment; appointment of counsel.
A. Notwithstanding the provisions of § 8.01-428, in any civil
action or proceeding in which the defendant does not make an appearance, the
court shall not enter a judgment by default until the plaintiff files with the
court an affidavit (i) stating whether or not the defendant is in military
service and showing necessary facts to support the affidavit; or (ii) if the
plaintiff is unable to determine whether or not the defendant is in military
service, stating that the plaintiff is unable to determine whether or not the
defendant is in military service. Subject to the provisions of § 8.01-3, the
Supreme Court shall prescribe the form of such affidavit, or the requirement
for an affidavit may be satisfied by a written statement, declaration,
verification or certificate, subscribed and certified or declared to be true
under penalty of perjury. Any judgment by default entered by any court in any
civil action or proceeding in violation of Article
2 Title II
of the Servicemembers Civil Relief Act (50 U.S.C. app. §
527 521
et seq.) may be set aside as provided by the Act. Failure to file an affidavit
shall not constitute grounds to set aside an otherwise valid default judgment
against a defendant who was not, at the time of service of process or entry of
default judgment, a servicemember for the purposes of as defined in 50 U.S.C. app. § 502
511.
B. Where appointment of counsel is required pursuant to 50
U.S.C. app. § 521 or 522 or another section of
the Servicemembers Civil Relief Act, the court may assess attorneys'
reasonable attorney fees and costs
against any party as the court deems appropriate,
including a party aggrieved by a violation of the Act, and
shall direct in its order which of the parties to the case shall pay such fees
and costs. Such fees and costs shall not be assessed against the Commonwealth
unless it is the party that obtains the judgment.
C. Where the appointment of counsel to represent a servicemember is required by the Servicemembers Civil Relief Act, the appointed counsel shall exercise due diligence to (i) faithfully represent the interests of the servicemember, (ii) locate and communicate with the servicemember, (iii) conduct an investigation of the reasonably discoverable facts in the case, (iv) determine whether or not the servicemember has a defense to any of the allegations in the suit, and (v) present such information to the court.
D. Upon request by the appointed counsel, the plaintiff in a civil action shall promptly deliver all discoverable electronic and print files, records, documents, and memoranda regarding the transactional basis for the suit. The plaintiff shall also deliver all documents or information concerning the location of the servicemember.
E. Counsel appointed pursuant to the Servicemembers Civil Relief Act shall not be selected by the plaintiff or have any affiliation with the plaintiff.