Virginia Code 17.1-1005: Penalties
A. A person harmed by a violation of this chapter may file a motion alleging the violation with the administrative body, court, or administrative tribunal in which the action upon which the legal proceeding is based is pending or is scheduled to be heard. A person need not commence a separate action to allege a violation of this chapter.
Terms Used In Virginia Code 17.1-1005
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Court reporting services: means services provided by a court reporter and associated videography services. See Virginia Code 17.1-1000
- Court reporting services provider: means a business, entity, or firm that provides or arranges for court reporting services. See Virginia Code 17.1-1000
- Legal proceeding: includes a court proceeding, a deposition, an administrative hearing, an arbitration hearing, an examination under oath, and a sworn statement. See Virginia Code 17.1-1000
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
B. A complaint alleging a violation of this chapter may be filed by any person with knowledge of the offense or by the administrative body, court, or administrative tribunal on its own initiative. The court reporter or court reporting services provider alleged to have violated this chapter shall be given notice and a right to be heard on any such complaint, with the right of appeal or review as in other cases.
C. A complaint and request for civil penalties and sanctions may be brought:
1. By motion in the administrative body, court, or administrative tribunal in which the case is pending or scheduled to be heard; or
2. In the general district court for the county or city in which the court reporting services were or are scheduled to be provided.
D. A court reporter or court reporting services provider that willfully violates this chapter shall be subject to a civil penalty of $500 for the first offense, $750 for the second offense, and $1,000 for the third and any subsequent offense. Such penalty shall be collected by the clerk of the administrative body, court, or administrative tribunal in which such penalty was assessed. The amounts so collected shall be paid by the clerk to the state treasury and credited to the Legal Aid Services Fund within the Virginia State Bar fund. Such amounts credited to the Legal Aid Services Fund shall be disbursed by the Virginia State Bar by check from the State Treasurer upon a warrant of the comptroller to nonprofit legal aid programs organized under the auspices of the Virginia State Bar through the Legal Services Corporation of Virginia.
In addition to any civil penalty assessed, the administrative body, court, or administrative tribunal that received the complaint pursuant to this section and determined that a person or entity violated this chapter may bar such person or entity from providing services in matters before such body, court, or tribunal.
E. An administrative body, court, or administrative tribunal that finds a violation as a result of a complaint pursuant to this section shall submit a record of the nature and disposition of each complaint to the Virginia State Bar, which shall make such information publicly available on its website.
2018, c. 783.