Bill Text: VA HB1249 | 2024 | Regular Session | Prefiled
Bill Title: Nonresident plaintiff; security costs upon suit.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2024-04-08 - Governor: Acts of Assembly Chapter text (CHAP0745) [HB1249 Detail]
Download: Virginia-2024-HB1249-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §17.1-607 of the Code of Virginia is amended and reenacted as follows:
§17.1-607. Security for costs upon suit by nonresident.
In any suit or action, except
when an indigent is plaintiff, there may be a suggestion on the record in court, or, if the case
be at rules, on the rule docket, motion
made by
a defendant, or any officer of
any party to such suit or action, or by the court, that the
a plaintiff is not a resident of
this the
Commonwealth and the that security is required of him
such plaintiff, except when such plaintiff is indigent.
After sixty
60 days from such suggestion,
the suit or action shall, by
the court's order granting
the motion and setting the amount of the court, be dismissed,
unless, before the dismissal, it is proven that plaintiff is a resident of the
Commonwealth or security to be given before the court,
or its clerk, for the payment of the costs and damages in the court in which
the suit or action is instituted which may be awarded to the defendant, and of
the fees due, or to become due, in such suit or action to the officers of the
court. The security by the plaintiff, in an amount
determined by the court to be sufficient for the payment of
costs in the court in which such suit or action is instituted that may be
awarded against such plaintiff,
the suit or action may, by order of the court, be
dismissed unless before the dismissal it is proven that such plaintiff is a
resident of the Commonwealth or that the security set by the court has been
posted. Any security so given shall be by bond, payable to
the Commonwealth, but there need only be one obligor therein, if he
such obligor be sufficient and a resident of the
Commonwealth. The court before whom, or before whose clerk, such bond is given,
may, on motion by a defendant or
officer, give judgment for so much as he
the party is entitled to by virtue of such bond.
As used in this section, the term "plaintiff" also applies to a counterclaim plaintiff, cross-claim plaintiff, or third-party plaintiff.
