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2008 SESSION
SB 212 Virginia Birth-Related Neurological Injury Compensation Act; right to confront witnesses.
Introduced by: John S. Edwards | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED SENATE:
Virginia Birth-Related Neurological Injury Compensation Act; evidence. Allows all parties to a claim under the Virginia Birth-Related Neurological Injury Compensation Act to confront and cross-examine witnesses, and provides that a party shall not be precluded from conducting depositions of any witness from whom evidence is elicited. The measure also creates a mechanism for voiding an adverse determination in a claim made pursuant to Chapter 919 of the 2006 Acts of Assembly where a party was denied the opportunity to confront and cross-examine witnesses against him. In order to have the adverse determination voided, the party is required to file a petition on or before July 1, 2009. Any new review would be de novo. HB 222 is identical.
SUMMARY AS INTRODUCED:
Virginia Birth-Related Neurological Injury Compensation Act; evidence. Allows all parties to a claim under the Virginia Birth-Related Neurological Injury Compensation Act to confront and cross-examine evidence filed or offered for admission into evidence, and provides that a party shall not be precluded from conducting depositions of any witness from whom evidence is elicited. The measure also creates a mechanism for voiding an adverse determination in a case where a party was denied the opportunity to confront and cross-examine evidence against him. In order to have a claim redetermined de novo, the party is required to file a petition on or before July 1, 2011.