SB369 — Civil actions; assignment as business litigation action, requirements, delayed effective date.

Summary

Civil actions; assignment as business litigation action, requirements, delayed effective date.

Bill Text

Compared against the Code of Virginia as published AI-generated reading aid — verify against the official bill.

This bill amends 3 section(s) of the Code of Virginia: 8.01-267.10, 8.01-267.11, 8.01-267.12.

• 8.01-267.10

  A. There is established a business and complex litigation docket, created to assist circuit courts with certain corporate, commercial, business, or transactional actions that involve specialized legal issues, complex contexts, intricate transactions, multiple parties, or other complicating factors. A business and complex litigation docket is a specialized civil court docket within the existing structure of the Commonwealth's circuit court system that enables the judiciary to manage its workload more efficiently.

  Inserts “A. There is established a business and complex litigation docket, created to assist circuit courts with certain corporate, commercial, business, or transactional actions that involve specialized legal issues, complex contexts, intricate transactions, multiple parties, or other complicating factors. A business and complex litigation docket is a specialized civil court docket within the existing structure of the Commonwealth's circuit court system that enables the judiciary to manage its workload more efficiently.”.

• 8.01-267.10

  B. The Chief Justice of the Supreme Court of Virginia may designate no more than four judges of circuit courts that are located, to the extent possible, in different regions of the Commonwealth to preside over any matter transferred to a business and complex litigation docket in accordance with § 8.01-267.12. Any judge so designated by the Chief Justice, as well as the chief judge and other judges sitting in the same judicial circuit, shall be consulted in the process of establishing such docket in such judicial circuit.

  Inserts “B. The Chief Justice of the Supreme Court of Virginia may designate no more than four judges of circuit courts that are located, to the extent possible, in different regions of the Commonwealth to preside over any matter transferred to a business and complex litigation docket in accordance with § 8.01-267.12. Any judge so designated by the Chief Justice, as well as the chief judge and other judges sitting in the same judicial circuit, shall be consulted in the process of establishing such docket in such judicial circuit.”.

• 8.01-267.11

  A. An action shall be transferred to a business and complex litigation docket only if such action (i) presents special complexity, including specialized issues or acute litigation management needs, and (ii) falls into one or more of the following categories:

  Inserts “A. An action shall be transferred to a business and complex litigation docket only if such action (i) presents special complexity, including specialized issues or acute litigation management needs, and (ii) falls into one or more of the following categories:”.

• 8.01-267.11

  1. Corporate governance disputes;

  Inserts “1. Corporate governance disputes;”.

• 8.01-267.11

  2. Derivative actions;

  Inserts “2. Derivative actions;”.

• 8.01-267.11

  3. Merger or acquisition litigation;

  Inserts “3. Merger or acquisition litigation;”.

• 8.01-267.11

  4. Intellectual property disputes;

  Inserts “4. Intellectual property disputes;”.

• 8.01-267.11

  5. Trade secret litigation;

  Inserts “5. Trade secret litigation;”.

• 8.01-267.11

  6. Antitrust litigation;

  Inserts “6. Antitrust litigation;”.

• 8.01-267.11

  7. Environmental litigation;

  Inserts “7. Environmental litigation;”.

• 8.01-267.11

  8. Franchise actions;

  Inserts “8. Franchise actions;”.

• 8.01-267.11

  9. Actions arising from the Uniform Commercial Code;

  Inserts “9. Actions arising from the Uniform Commercial Code;”.

• 8.01-267.11

  10. Any matter in which a business entity has brought an action against another business entity; or

  Inserts “10. Any matter in which a business entity has brought an action against another business entity; or”.

• 8.01-267.11

  11. Except as provided in subsection C, any other action that a circuit court judge determines requires specialized management.

  Inserts “11. Except as provided in subsection C, any other action that a circuit court judge determines requires specialized management.”.

• 8.01-267.11

  B. In addition, any action that is deemed eligible for transfer or assignment to a business and complex litigation docket pursuant to the criteria described in subsection A shall have an amount in controversy of not less than $100,000. Nothing in this subsection shall be construed to make such amount in controversy of $100,000 or more the sole basis of eligibility for transfer or assignment to a business and complex litigation docket.

  Inserts “B. In addition, any action that is deemed eligible for transfer or assignment to a business and complex litigation docket pursuant to the criteria described in subsection A shall have an amount in controversy of not less than $100,000. Nothing in this subsection shall be construed to make such amount in controversy of $100,000 or more the sole basis of eligibility for transfer or assignment to a business and complex litigation docket.”.

• 8.01-267.11

  C. Except where a request for transfer demonstrates extraordinary circumstances that warrant specialized docket management, the following categories of cases shall be ineligible for transfer:

  Inserts “C. Except where a request for transfer demonstrates extraordinary circumstances that warrant specialized docket management, the following categories of cases shall be ineligible for transfer:”.

• 8.01-267.11

  1. Medical malpractice;

  Inserts “1. Medical malpractice;”.

• 8.01-267.11

  2. Domestic relations;

  Inserts “2. Domestic relations;”.

• 8.01-267.11

  3. Personal injury and wrongful death;

  Inserts “3. Personal injury and wrongful death;”.

• 8.01-267.11

  4. Premises liability;

  Inserts “4. Premises liability;”.

• 8.01-267.11

  5. Negligence;

  Inserts “5. Negligence;”.

• 8.01-267.11

  6. Virginia Freedom of Information Act (§ 2.2-3700 et seq.) actions;

  Inserts “6. Virginia Freedom of Information Act (§ 2.2-3700 et seq.) actions;”.

• 8.01-267.11

  7. Claims brought under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq.;

  Inserts “7. Claims brought under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq.;”.

• 8.01-267.11

  8. Legal malpractice;

  Inserts “8. Legal malpractice;”.

• 8.01-267.11

  9. Defamation;

  Inserts “9. Defamation;”.

• 8.01-267.11

  10. Real property actions;

  Inserts “10. Real property actions;”.

• 8.01-267.11

  11. Virginia Consumer Protection Act (§ 59.1-196 et seq.) claims; or

  Inserts “11. Virginia Consumer Protection Act (§ 59.1-196 et seq.) claims; or”.

• 8.01-267.11

  12. Contempt of court.

  Inserts “12. Contempt of court.”.

• 8.01-267.12

  A. In any action that meets the eligibility criteria described in § 8.01-267.11, counsel for any party or the circuit court judge initially assigned to the matter on the regular docket may submit a docket transfer request form to the Office of the Executive Secretary of the Supreme Court of Virginia for referral to the Chief Justice. The Chief Justice shall review such transfer request and may order that the matter be transferred to the specialized docket Such docket transfer form shall describe the reason for such request and statements from any counsel of any party or the circuit court judge initially assigned who did not initially request such transfer regarding why such transfer may or may not be necessary or beneficial.

  Inserts “A. In any action that meets the eligibility criteria described in § 8.01-267.11, counsel for any party or the circuit court judge initially assigned to the matter on the regular docket may submit a docket transfer request form to the Office of the Executive Secretary of the Supreme Court of Virginia for referral to the Chief Justice. The Chief Justice shall review such transfer request and may order that the matter be transferred to the specialized docket Such docket transfer form shall describe the reason for such request and statements from any counsel of any party or the circuit court judge initially assigned who did not initially request such transfer regarding why such transfer may or may not be necessary or beneficial.”.

• 8.01-267.12

  B. The Office of the Executive Secretary of the Supreme Court of Virginia, in collaboration with the Chief Justice and the Specialty Docket Advisory Committee studying business and complex litigation dockets, shall establish procedures and rules, as necessary, for the transfer of such actions, including criteria for when a request to transfer an eligible case may be granted or denied.

  Inserts “B. The Office of the Executive Secretary of the Supreme Court of Virginia, in collaboration with the Chief Justice and the Specialty Docket Advisory Committee studying business and complex litigation dockets, shall establish procedures and rules, as necessary, for the transfer of such actions, including criteria for when a request to transfer an eligible case may be granted or denied.”.

Action History

1. March 02, 2026

   H Continued to next session in Courts of Justice (Voice Vote)

2. February 27, 2026

   H Placed on Courts of Justice Agenda

3. February 23, 2026

   H Subcommittee recommends continuing to (Voice Vote)

4. February 19, 2026

   H Placed on Courts of Justice Agenda

5. February 19, 2026

   H Assigned HCJ sub: Civil

6. February 19, 2026

   H Referred to Committee for Courts of Justice

7. February 19, 2026

   H Read first time

8. February 19, 2026

   H Placed on Calendar

9. February 16, 2026

   S Read third time and passed Senate (36-Y 3-N 0-A)

10. February 13, 2026

    S Engrossed by Senate - committee substitute (Voice Vote)

11. February 13, 2026

    S Committee substitute agreed to (Voice Vote)

12. February 13, 2026

    S Read second time

13. February 12, 2026

    S Passed by for the day Block Vote (Voice Vote)

14. February 12, 2026

    S Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)

15. February 12, 2026

    S Rules suspended

16. February 11, 2026

    S Reported from Finance and Appropriations (12-Y 3-N)

17. February 05, 2026

    S Fiscal Impact Statement from Department of Planning and Budget (SB369)

18. January 30, 2026

    S Committee substitute printed 26106454D-S1

19. January 28, 2026

    S Rereferred to Finance and Appropriations

20. January 28, 2026

    S Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (10-Y 1-N 2-A)

21. January 28, 2026

    S Senate committee offered

22. January 13, 2026

    S Referred to Committee for Courts of Justice

23. January 13, 2026

    S Prefiled and ordered printed; Offered 01-14-2026 26101724D

Sponsors

• Jennifer D. Carroll Foy · Primary

Votes

Subjects