{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-273.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-273.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-273.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-273.1.html"}],"law_id":83214,"edition_id":1,"section_id":83214,"structure_id":14084,"section_number":"8.01-273.1","catch_line":"Motion for judgment; motion to refer; Virginia Birth-Related Neurological Injury Compensation Act","history":"1999, c. 822; 2000, c. 207.","full_text":"A\n\nIn any civil action, where a party, who is a participating hospital or physician as defined in § 38.2-5001, moves to refer a cause of action to the Workers’ Compensation Commission for the purposes of determining whether the cause of action satisfies the requirements of the Virginia Birth-Related Neurological Injury Compensation Act (§ 38.2-5000 et seq.), the court shall forward the motion to refer together with a copy of the motion for judgment to the Commission and stay all proceedings on the cause of action pending an award and notification by the Commission of its disposition; provided, however, that the motion to refer the cause of action to the Workers’ Compensation Commission shall be filed no later than 120 days after the date of filing a grounds of defense by the party seeking the referral.B\n\nUpon entry of the order of referral by the court, the clerk of the circuit court shall file with the Workers’ Compensation Commission within thirty days a copy of the motion for judgment and the responsive pleadings of all the parties to the action. The clerk shall copy all counsel of record in the civil action on the transmittal letter accompanying the materials being filed with the Workers’ Compensation Commission. All parties to the civil action shall be entitled to participate before the Commission upon filing a notice of appearance with the Clerk of the Commission within twenty-one days after receipt of the transmittal letter to the clerk of the circuit court. Notwithstanding the provisions of § 32.1-127.1:03, the moving party shall provide the Commission with an original and five copies of the following: appropriate assessments, evaluations, and prognoses and such other records obtained during discovery and are reasonably necessary for the determination of whether the infant has suffered a birth-related neurological injury. The medical records and the pleadings referenced in this subsection shall constitute a petition as referenced in § 38.2-5004. The moving party shall be reimbursed for all copying costs upon entry of an award of benefits as referenced in § 38.2-5009.","order_by":null,"text":{"0":{"id":298137,"text":"In any civil action, where a party, who is a participating hospital or physician as defined in § 38.2-5001, moves to refer a cause of action to the Workers’ Compensation Commission for the purposes of determining whether the cause of action satisfies the requirements of the Virginia Birth-Related Neurological Injury Compensation Act (§ 38.2-5000 et seq.), the court shall forward the motion to refer together with a copy of the motion for judgment to the Commission and stay all proceedings on the cause of action pending an award and notification by the Commission of its disposition; provided, however, that the motion to refer the cause of action to the Workers’ Compensation Commission shall be filed no later than 120 days after the date of filing a grounds of defense by the party seeking the referral.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":298138,"text":"Upon entry of the order of referral by the court, the clerk of the circuit court shall file with the Workers’ Compensation Commission within thirty days a copy of the motion for judgment and the responsive pleadings of all the parties to the action. The clerk shall copy all counsel of record in the civil action on the transmittal letter accompanying the materials being filed with the Workers’ Compensation Commission. All parties to the civil action shall be entitled to participate before the Commission upon filing a notice of appearance with the Clerk of the Commission within twenty-one days after receipt of the transmittal letter to the clerk of the circuit court. Notwithstanding the provisions of § 32.1-127.1:03, the moving party shall provide the Commission with an original and five copies of the following: appropriate assessments, evaluations, and prognoses and such other records obtained during discovery and are reasonably necessary for the determination of whether the infant has suffered a birth-related neurological injury. The medical records and the pleadings referenced in this subsection shall constitute a petition as referenced in § 38.2-5004. The moving party shall be reimbursed for all copying costs upon entry of an award of benefits as referenced in § 38.2-5009.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14084,"edition_id":1,"name":"Pleadings Generally","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13379,"metadata":{},"date_created":"2026-06-26 03:46:49","date_modified":"2026-06-26 03:46:49","permalink":{"id":281389,"object_type":"structure","relational_id":14084,"identifier":"2","token":"8.01\/7\/2","url":"\/8.01\/7\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13379,"edition_id":1,"name":"Civil Actions; Commencement, Pleadings, and Motions","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:44:45","date_modified":"2026-06-26 03:44:45","permalink":{"id":281381,"object_type":"structure","relational_id":13379,"identifier":"7","token":"8.01\/7","url":"\/8.01\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74024,"structure_id":14084,"section_number":"8.01-271","catch_line":"Compliance with Rules of Supreme Court","url":"\/8.01-271\/","token":"8.01\/7\/2\/8.01-271","metadata":false},{"id":62884,"structure_id":14084,"section_number":"8.01-271.01","catch_line":"Electronic filings in civil actions in circuit court","url":"\/8.01-271.01\/","token":"8.01\/7\/2\/8.01-271.01","metadata":false},{"id":85673,"structure_id":14084,"section_number":"8.01-271.1","catch_line":"Signing of pleadings, motions, and other papers; oral motions; sanctions","url":"\/8.01-271.1\/","token":"8.01\/7\/2\/8.01-271.1","metadata":false},{"id":65320,"structure_id":14084,"section_number":"8.01-272","catch_line":"Pleading several matters; joining tort and contract claims; separate trial in discretion of court; counterclaims","url":"\/8.01-272\/","token":"8.01\/7\/2\/8.01-272","metadata":false},{"id":75731,"structure_id":14084,"section_number":"8.01-273","catch_line":"Demurrer; form; grounds to be stated; amendment","url":"\/8.01-273\/","token":"8.01\/7\/2\/8.01-273","metadata":false},{"id":83214,"structure_id":14084,"section_number":"8.01-273.1","catch_line":"Motion for judgment; motion to refer; Virginia Birth-Related Neurological Injury Compensation Act","url":"\/8.01-273.1\/","token":"8.01\/7\/2\/8.01-273.1","metadata":false},{"id":70583,"structure_id":14084,"section_number":"8.01-274","catch_line":"Motion to strike defensive pleading in equity and at law; exceptions abolished","url":"\/8.01-274\/","token":"8.01\/7\/2\/8.01-274","metadata":false},{"id":58728,"structure_id":14084,"section_number":"8.01-274.1","catch_line":"Motion or petition for rule to show cause for violation of court order","url":"\/8.01-274.1\/","token":"8.01\/7\/2\/8.01-274.1","metadata":false},{"id":63756,"structure_id":14084,"section_number":"8.01-275","catch_line":"When action or suit not to abate for want of form; what defects not to be regarded","url":"\/8.01-275\/","token":"8.01\/7\/2\/8.01-275","metadata":false},{"id":73252,"structure_id":14084,"section_number":"8.01-275.1","catch_line":"When service of process is timely","url":"\/8.01-275.1\/","token":"8.01\/7\/2\/8.01-275.1","metadata":false},{"id":82322,"structure_id":14084,"section_number":"8.01-276","catch_line":"Demurrer to evidence and plea in abatement abolished; motion to strike evidence and written motion, respectively, to be used in lieu thereof","url":"\/8.01-276\/","token":"8.01\/7\/2\/8.01-276","metadata":false},{"id":55206,"structure_id":14084,"section_number":"8.01-277","catch_line":"Defective process; motion to quash; untimely service; motion to dismiss","url":"\/8.01-277\/","token":"8.01\/7\/2\/8.01-277","metadata":false},{"id":73896,"structure_id":14084,"section_number":"8.01-277.1","catch_line":"Objections to personal jurisdiction or defective process; what constitutes waiver","url":"\/8.01-277.1\/","token":"8.01\/7\/2\/8.01-277.1","metadata":false},{"id":81024,"structure_id":14084,"section_number":"8.01-278","catch_line":"When plea of infancy not allowed; liability of infants for debts as traders; liability of infants on loans to defray expenses of education","url":"\/8.01-278\/","token":"8.01\/7\/2\/8.01-278","metadata":false},{"id":72991,"structure_id":14084,"section_number":"8.01-279","catch_line":"When proof is unnecessary unless affidavit filed; handwriting; ownership; partnership or incorporation","url":"\/8.01-279\/","token":"8.01\/7\/2\/8.01-279","metadata":false},{"id":73198,"structure_id":14084,"section_number":"8.01-280","catch_line":"Pleadings may be sworn to before clerk; affidavit of belief sufficient","url":"\/8.01-280\/","token":"8.01\/7\/2\/8.01-280","metadata":false},{"id":55936,"structure_id":14084,"section_number":"8.01-281","catch_line":"Pleading in alternative; separate trial on motion of party","url":"\/8.01-281\/","token":"8.01\/7\/2\/8.01-281","metadata":false}],"previous_section":{"id":75731,"structure_id":14084,"section_number":"8.01-273","catch_line":"Demurrer; form; grounds to be stated; amendment","url":"\/8.01-273\/","token":"8.01\/7\/2\/8.01-273","metadata":false},"next_section":{"id":70583,"structure_id":14084,"section_number":"8.01-274","catch_line":"Motion to strike defensive pleading in equity and at law; exceptions abolished","url":"\/8.01-274\/","token":"8.01\/7\/2\/8.01-274","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-273.1\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapter 822<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2000, chapter 207<\/a>.<\/p>","references":[{"id":72413,"section_number":"38.2-5003","catch_line":"Virginia Workers' Compensation Commission authorized to hear and determine claims","order_by":null,"url":"\/38.2-5003\/"},{"id":78254,"section_number":"38.2-5009","catch_line":"Commission awards for birth-related neurological injuries; notice of award","order_by":null,"url":"\/38.2-5009\/"}],"refers_to":[{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":74067,"section_number":"38.2-5000","catch_line":"Short title","order_by":null,"url":"\/38.2-5000\/"},{"id":83577,"section_number":"38.2-5001","catch_line":"Definitions","order_by":null,"url":"\/38.2-5001\/"},{"id":57908,"section_number":"38.2-5004","catch_line":"Filing of claims; review by Board of Medicine; review by Department of Health; filing of responses; medical records","order_by":null,"url":"\/38.2-5004\/"},{"id":78254,"section_number":"38.2-5009","catch_line":"Commission awards for birth-related neurological injuries; notice of award","order_by":null,"url":"\/38.2-5009\/"}],"permalink":{"id":281411,"object_type":"law","relational_id":83214,"identifier":"8.01-273.1","token":"8.01\/7\/2\/8.01-273.1","url":"\/8.01-273.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-273.1\/","token":"8.01\/7\/2\/8.01-273.1","dublin_core":{"Title":"Motion for judgment; motion to refer; Virginia Birth-Related Neurological Injury Compensation Act","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-273.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any civil action<\/span>, where a party<\/span>, who is a participating hospital or physician as defined in § 38.2-5001<\/a>, moves to refer a cause of action<\/span> to the Workers’ Compensation Commission for the purposes of determining whether the cause of action<\/span> satisfies the requirements of the Virginia Birth-Related Neurological Injury Compensation Act (§ 38.2-5000<\/a> et seq.), the court<\/span> shall forward the motion to refer together with a copy of the motion for judgment<\/span> to the Commission and stay<\/span> all proceedings on the cause of action<\/span> pending an award and notification by the Commission of its disposition<\/span>; provided, however, that the motion to refer the cause of action<\/span> to the Workers’ Compensation Commission shall be filed no later than 120 days after the date of filing a grounds of defense by the party<\/span> seeking the referral. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon entry of the order<\/span> of referral by the court<\/span>, the clerk of the circuit<\/span> court<\/span> shall file with the Workers’ Compensation Commission within thirty days a copy of the motion for judgment<\/span> and the responsive pleadings<\/span> of all the parties to the action. The clerk shall copy all counsel<\/span> of record in the civil action<\/span> on the transmittal letter accompanying the materials<\/span> being filed with the Workers’ Compensation Commission. All parties to the civil action<\/span> shall be entitled to participate before the Commission upon filing a notice of appearance<\/span> with the Clerk of the Commission within twenty-one days after receipt of the transmittal letter to the clerk of the circuit<\/span> court<\/span>. Notwithstanding the provisions of § 32.1-127.1:03<\/a>, the moving party<\/span> shall provide the Commission with an original and five copies of the following: appropriate assessments, evaluations, and prognoses and such other records obtained during discovery<\/span> and are reasonably necessary for the determination of whether the infant has suffered a birth-related neurological injury. The medical records and the pleadings<\/span> referenced in this subsection shall constitute a petition<\/span> as referenced in § 38.2-5004<\/a>. The moving party<\/span> shall be reimbursed for all copying costs upon entry of an award of benefits as referenced in § 38.2-5009<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMOTION FOR JUDGMENT; MOTION TO REFER; VIRGINIA BIRTH-RELATED NEUROLOGICAL INJURY\nCOMPENSATION ACT (\u00a7 8.01-273.1)\n\nA. In any civil action, where a party, who is a participating hospital or\nphysician as defined in § 38.2-5001, moves to refer a cause of action to\nthe Workers’ Compensation Commission for the purposes of determining\nwhether the cause of action satisfies the requirements of the Virginia\nBirth-Related Neurological Injury Compensation Act (§ 38.2-5000 et seq.),\nthe court shall forward the motion to refer together with a copy of the motion\nfor judgment to the Commission and stay all proceedings on the cause of action\npending an award and notification by the Commission of its disposition;\nprovided, however, that the motion to refer the cause of action to the\nWorkers’ Compensation Commission shall be filed no later than 120 days\nafter the date of filing a grounds of defense by the party seeking the referral.\n\nB. Upon entry of the order of referral by the court, the clerk of the circuit\ncourt shall file with the Workers’ Compensation Commission within thirty\ndays a copy of the motion for judgment and the responsive pleadings of all the\nparties to the action. The clerk shall copy all counsel of record in the civil\naction on the transmittal letter accompanying the materials being filed with the\nWorkers’ Compensation Commission. All parties to the civil action shall be\nentitled to participate before the Commission upon filing a notice of appearance\nwith the Clerk of the Commission within twenty-one days after receipt of the\ntransmittal letter to the clerk of the circuit court. Notwithstanding the\nprovisions of § 32.1-127.1:03, the moving party shall provide the\nCommission with an original and five copies of the following: appropriate\nassessments, evaluations, and prognoses and such other records obtained during\ndiscovery and are reasonably necessary for the determination of whether the\ninfant has suffered a birth-related neurological injury. The medical records and\nthe pleadings referenced in this subsection shall constitute a petition as\nreferenced in § 38.2-5004. The moving party shall be reimbursed for all\ncopying costs upon entry of an award of benefits as referenced in §\n38.2-5009.\n\nHISTORY: 1999, c. 822; 2000, c. 207.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}