2006 Code of Virginia § 30-5 - Continuance or time for filing pleading, etc., where party or attorney is connected with General As...

30-5. Continuance or time for filing pleading, etc., where party orattorney is connected with General Assembly or Division of LegislativeServices.

Any party to an action or proceeding in any court, including the Court ofAppeals and the Supreme Court of Virginia, commission or other tribunalhaving judicial or quasi-judicial powers or jurisdiction, who is an officer,employee or member of the General Assembly, employee of the Division ofLegislative Services, or who has, prior to or during the session of theGeneral Assembly, employed or retained to represent him in such action orproceeding an attorney who is an officer, employee or member of the GeneralAssembly, or employee of the Division of Legislative Services, shall beentitled to a continuance as a matter of right (i) during the periodbeginning thirty days prior to the commencement of the session and endingthirty days after the adjournment thereof, and (ii) during a period beginningone day prior to the meeting date of any reconvened or veto session or of anycommission, council, committee or subcommittee created by the GeneralAssembly at which such officer, employee or member is scheduled to attend andending one day after the adjournment of such meeting; however, no continuanceneed be granted under clause (ii) unless it shall have been requested inwriting at least three days prior to the first day for which the continuanceis sought and filed with the court. The requesting party, when practicable,shall strive to notify all other parties to the proceeding of such request.

Any pleading or the performance of any act relating thereto required to befiled or performed by any statute or rule during the period beginning thirtydays prior to the commencement of the session and ending thirty days afterthe adjournment of the session shall be extended until not less than thirtydays after any such session. The failure of any court, commission or othertribunal to allow such continuance when requested so to do or the returningof such filing or act during the period hereinabove specified shallconstitute reversible error; provided that this section shall not prevent thegranting of temporary injunctive relief, or the dissolution or extension of atemporary injunction, but the right to such relief shall remain in the sounddiscretion of the court or other such tribunal.

(Code 1919, 298; 1926, p. 18; 1934, p. 370; 1940, p. 363; 1952, c. 234;1960, c. 147; 1973, cc. 242, 322; 1984, c. 703; 1987, c. 192; 2002, cc. 584,617.)

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