Va. Code Ann. § 8.01-558 — Virginia Code / Title 8.01 / Chapter 20 / Article 2 / Section 8.01-558
Attachment lien on effects already in hands of officer
Status: in_force

When an officer has in his possession or custody money or effects of the defendant held under an attachment executed, or other legal process, a delivery to such officer of an attachment under this chapter shall be deemed a levy thereof as to such money or effects, and constitute a lien thereon from the time of such delivery.

Code 1950, § 8-546; 1977, c. 617.
Va. Code Ann. § 8.01-530 — Virginia Code / Title 8.01 / Chapter 19 / Section 8.01-530
Remedy of creditor if bond quashed
Status: in_force

If any forthcoming bond be at any time quashed, the obligee, besides his remedy against the officer, may have such execution on his judgment, or issue such distress warrant, as would have been lawful if such bond had not been taken.

Code 1950, § 8-454; 1977, c. 617.
Va. Code Ann. § 8.01-396 — Virginia Code / Title 8.01 / Chapter 14 / Article 4 / Section 8.01-396
No person incompetent to testify by reason of interest, or because a party
Status: in_force

No person shall be incompetent to testify because of interest, or because of his being a party to any civil action; but he shall, if otherwise competent to testify, and subject to the rules of evidence and practice applicable to other witnesses, be competent to give evidence in his own behalf and be competent and compellable to attend and give evidence on behalf of any other party to such action; but, in any case, the court, for good cause shown, may require any such person to attend and testify ore tenus and, upon his failure to so attend and testify, may exclude his deposition.

Code 1950, § 8-285; 1977, c. 617.
Va. Code Ann. § 8.01-66.10 — Virginia Code / Title 8.01 / Chapter 3 / Article 7.1 / Section 8.01-66.10
Death claims settled by compromise or suit
Status: in_force

In case of personal injuries resulting in death and settlement therefor by compromise or suit under the provisions of §§ 8.01-50 to 8.01-56 , the liens provided for in this article may be asserted against the recovery, or against the estate of the decedent, but not both. If asserted against the recovery and paid, such liens shall attach pro rata to the amounts received respectively by such beneficiaries as are designated to receive the moneys distributed and in their respective amounts; and such beneficiaries, or the personal representative for their benefit, shall be subrogated to the liens against the estate of such decedent provided for by § 64.2-528 .

Code 1950, § 32-141; 1979, c. 722.
Va. Code Ann. § 8.01-413.01 — Virginia Code / Title 8.01 / Chapter 14 / Article 7 / Section 8.01-413.01
Authenticity and reasonableness of medical bills; presumption
Status: in_force

A. For the purposes of this section, "bill" means any statement of charges, an invoice, or any other form prepared by a health care provider or its agent, or third-party agent, identifying the costs of health care services provided.

B. In any action for personal injuries, wrongful death, or for medical expense benefits payable under a motor vehicle insurance policy issued pursuant to § 38.2-124 or § 38.2-2201 , the authenticity of bills for medical services provided and the reasonableness of the charges of the health care provider shall be rebuttably presumed upon identification by the plaintiff of the original bill or a duly authenticated copy and the plaintiff's testimony (i) identifying the health care provider, (ii) describing the services rendered, and (iii) stating that the services were rendered in connection with treatment for the injuries received in the event giving rise to the action. If the court finds the plaintiff is unable to provide such testimony, the plaintiff's guardian, agent under an advance directive, or agent under a power of attorney may identify the bill or an authenticated copy and provide testimony in lieu of the plaintiff. The presumption herein shall not apply unless the opposing party or his attorney has been furnished such medical records at least 30 days prior to the trial.

C. Where no medical bill is rendered or specific charge made by a health care provider to the insured, an insurer, or any other person, the usual and customary fee charged for the service rendered may be established by the testimony or the affidavit of an expert having knowledge of the usual and customary fees charged for the services rendered. If the fee is to be established by affidavit, the affidavit shall be submitted to the opposing party or his attorney at least 30 days prior to trial. The testimony or the affidavit is subject to rebuttal and may be admitted in the same manner as an original bill or authenticated copy described in subsection A.

1993, c. 610; 1996, c. 516 ; 1997, c. 503 ; 2016, c. 243 ; 2022, cc. 469 , 470 .
Va. Code Ann. § 8.01-363 — Virginia Code / Title 8.01 / Chapter 11 / Article 4 / Section 8.01-363
When impartial jury cannot be obtained locally
Status: in_force

In any case in which qualified jurors who are not exempt from serving and who the judge is satisfied can render a fair and impartial trial cannot be conveniently found in the county or city in which the trial is to be, the court may cause so many jurors as may be necessary to be summoned from any other county or city by the sheriff thereof, or by its own officer, from a list prepared pursuant to Article 3 (§ 8.01-343 et seq.) of this chapter and furnished by the circuit court of the county or city from which the jurors are to be summoned.

Code 1950, § 8-208.26; 1973, c. 439; 1977, c. 617.
Va. Code Ann. § 8.01-83 — Virginia Code / Title 8.01 / Chapter 3 / Article 9 / Section 8.01-83
Allotment to one or more parties, or sale, in lieu of partition
Status: in_force

A. If at least one party to a partition action petitions the court for allotment or for a partition sale, the court may order allotment pursuant to this section or, if the court determines allotment is not practicable, a sale pursuant to § 8.01-83.1 .

B. Before a court is authorized to allot or sell an undivided interest in a partition action, it shall first determine that partition in kind cannot be practicably made. When the subject land is not susceptible to a practicable division in kind, the court shall next consider an allotment of the entire subject property to any one or more of the parties who will accept it for a price equal to the value determined pursuant to § 8.01-81.1 , and pay therefor to the other parties such sums of money as their interest therein may entitle them to receive, notwithstanding that any of those entitled may be a person with a disability. If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds. The court shall make distribution of the proceeds of the allotment according to the respective rights of those entitled, taking care, when there are creditors of any deceased person who was a tenant in common, joint tenant, or coparcener, to have the proceeds of such deceased person's part applied according to the rights of such creditors.

1. When the court considers allotment, it shall require the party or parties seeking allotment to notify all of the other parties (i) that the property may be allotted to any one or more of them who is willing to accept it and (ii) of the required price.

2. In the event that multiple parties seek allotment and disputes arise concerning such allotment, the court shall consider the following in making such allotment:

a. Evidence of the collective duration of ownership or possession of the property by a party and one or more predecessors in title or predecessors in possession to the party who are or were related to the party or each other;

b. A party's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the party;

c. The lawful use being made of the property by a party and the degree to which the party would be harmed if the party could not continue the same use of the property;

d. The degree to which the parties have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and

e. Any other relevant factor.

The court shall not consider any one of the preceding factors to be dispositive without weighing the totality of all relevant factors and circumstances.

3. After the court determines which party or parties will participate in the allotment, the court shall notify all the parties of its decision and of the amount each party is to pay or receive for its allotted share pursuant to either this subsection or subsection C. The court shall set a date, not sooner than 60 days after notification to the parties, by which each party allotted a share of the property must pay the amount due to the court. If any party allocated a share fails to pay the amount due by the required date the court shall order a sale of the entire subject property pursuant to § 8.01-83.1 , unless the court determines, based on the factors in this subsection, that it will allow another party or parties to acquire such share by paying for such share within a reasonable period of time set by the court.

C. If the court determines that such allotment of the entire subject is not practicable or is not equitable, and if the interest of those who are entitled to the subject, or its proceeds, will be promoted by a sale of the entire subject, or allotment of part and sale of the residue, the court, notwithstanding any of those entitled may be a person under a disability, may order such sale, or an allotment pursuant to subsection B of a part thereof to any one or more of the parties who will accept it and pay therefor to the other parties such sums of money as their interest therein may entitle them to, and a sale of the residue. The price for the part of the property allotted to one or more parties shall be the fair market value of such part as determined by the court unless all the parties agree to a value for the part, which the court shall adopt. The sale of the residue shall be conducted pursuant to § 8.01-83.1 . The court shall make distribution of the proceeds of the allotment and sale of the residue, according to the respective rights of those entitled, taking care, when there are creditors of any deceased person who was a tenant in common, joint tenant, or coparcener, to have the proceeds of such deceased person's part applied according to the rights of such creditors.

D. If the court determines neither allotment of the entire subject property nor of a part of the subject property is practicable or equitable, it shall order a sale pursuant to § 8.01-83.1 .

Code 1950, § 8-692; 1950, p. 467; 1977, c. 617; 2020, cc. 115 , 193 .
Va. Code Ann. § 8.01-356 — Virginia Code / Title 8.01 / Chapter 11 / Article 4 / Section 8.01-356
Failure of juror to appear
Status: in_force

If any juror who has been given due notice to appear in court shall fail to do so without sufficient excuse, he shall be fined not less than $50 nor more than $200.

Code 1950, § 8-208.18; 1973, c. 439; 1977, c. 617; 2004, c. 116 .
Va. Code Ann. § 8.01-7 — Virginia Code / Title 8.01 / Chapter 2 / Article 1 / Section 8.01-7
When court may add new parties to suit
Status: in_force

In any case in which full justice cannot be done, or the whole controversy ended, without the presence of new parties to the suit, the court, by order, may direct the clerk to issue the proper process against such new parties, and, upon the maturing of the case as to them, proceed to make such orders or decrees as would have been proper if the new parties had been made parties at the commencement of the suit.

Code 1950, § 8-129; 1977, c. 617.
Va. Code Ann. § 8.01-341.1 — Virginia Code / Title 8.01 / Chapter 11 / Article 2 / Section 8.01-341.1
Exemptions from jury service upon request
Status: in_force

Any of the following persons may serve on juries in civil and criminal cases but shall be exempt from jury service upon his request:

1. through 3. [Repealed.]

4. A mariner actually employed in maritime service;

5. through 7. [Repealed.]

8. A person who has legal custody of and is necessarily and personally responsible for (i) a child 16 years of age or younger who requires continuous care by him during normal court hours or (ii) a child under 18 years of age having a serious health condition, including illness, injury, or physical or mental impairment, or a condition requiring continuous care by him during normal court hours, or any mother who is breast-feeding a child;

9. A person, including a familial caretaker, who is necessarily and personally responsible for a person having a serious health condition, including illness, injury, or physical or mental impairment, or a condition requiring continuous care by him during normal court hours. For the purposes of this subdivision, "familial caretaker" includes a family or household member, as that term is defined in § 16.1-228 , close family friend, or other adult with a close personal relationship to a person with a serious health condition who provides full-time care to such person;

10. Any person over 73 years of age;

11. Any person whose spouse is summoned to serve on the same jury panel;

12. Any person who is the only person performing services for a business, commercial, or agricultural enterprise and whose services are so essential to the operations of the business, commercial, or agricultural enterprise that such enterprise must close or cease to function if such person is required to perform jury duty;

13. Any person who is the only person performing services for a political subdivision as a firefighter, as defined in § 65.2-102 , and whose services are so essential to the operations of the political subdivision that such political subdivision will suffer an undue hardship in carrying out such services if such person is required to perform jury duty;

14. Any person employed by the Office of the Clerk of the House of Delegates, the Office of the Clerk of the Senate, the Division of Legislative Services, and the Division of Legislative Automated Systems; however, this exemption shall apply only to jury service starting (i) during the period beginning 60 days prior to the day any regular session commences and ending 30 days after the day of adjournment of such session and (ii) during the period beginning seven days prior to the day any reconvened or special session commences and ending seven days after the day of adjournment of such session;

15. Any general registrar, member of a local electoral board, or person appointed or employed by either the general registrar or the local electoral board, except officers of election appointed pursuant to Article 5 (§ 24.2-115 et seq.) of Chapter 1 of Title 24.2; however, this exemption shall apply only to jury service starting (i) during the period beginning 90 days prior to any election and continuing through election day, (ii) during the period to ascertain the results of the election and continuing for 10 days after the local electoral board certifies the results of the election under § 24.2-671 or the State Board of Elections certifies the results of the election under § 24.2-679 , or (iii) during the period of an election recount or contested election pursuant to Chapter 8 (§ 24.2-800 et seq.) of Title 24.2. Any officer of election shall be exempt from jury service only on election day and during the periods set forth in clauses (ii) and (iii);

16. Any member of the armed services of the United States or the diplomatic service of the United States appointed under the Foreign Service Act (22 U.S.C. § 3901 et seq.) who will be serving outside of the United States at the time of such jury service; and

17. Any person under a disability that substantially impairs the person's ability to perform jury duty.

Code 1970, § 8-208.6:1; 1977, c. 458; 1987, c. 256; 1997, c. 693 ; 1999, c. 153 ; 2004, c. 106 ; 2005, c. 195 ; 2011, cc. 389 , 708 ; 2012, c. 98 ; 2024, cc. 71 , 72 ; 2026, cc. 198 , 988 .
Va. Code Ann. § 8.01-198 — Virginia Code / Title 8.01 / Chapter 3 / Article 19 / Section 8.01-198
Action, against whom instituted
Status: in_force

Any such action may be instituted against any person indebted or liable to the Commonwealth in any way whatever, and against his sureties, and against his and their personal representatives. And it may be made when the debt or liability is created or secured by a bond or other instrument, whether the same be payable to the Commonwealth or to any person acting in a public character on behalf of the Commonwealth, or be for the payment of money or the performance of other duties. Every judgment on any such motion shall be in the name of the Commonwealth.

Code 1950, § 8-761; 1954, c. 550; 1977, c. 617.
Va. Code Ann. § 8.01-609.1 — Virginia Code / Title 8.01 / Chapter 23 / Section 8.01-609.1
Commissioners in chancery
Status: in_force

A commissioner in chancery may, for services rendered by virtue of his office, charge the following fees, to wit:

For services which might be performed by notaries, the fees for such services and for any other service such fees as the court by which the commissioner is appointed may from time to time prescribe.

A commissioner shall not be compelled to make out or return a report until his fees therefor are paid or security given him to pay so much as may be adjudged appropriate by the court to which the report is to be returned or by the judge thereof in vacation, unless the court finds cause to order it to be made out and returned without such payment or security.

Code 1950, § 14-142; 1964, c. 386, § 14.1-133; 1998, c. 872 .
Va. Code Ann. § 8.01-396.2 — Virginia Code / Title 8.01 / Chapter 14 / Article 4 / Section 8.01-396.2
Minor witness; appointment of guardian ad litem
Status: in_force

A. In any proceeding before a general district court, the court may, if it determines the circumstances so require, appoint a discreet and competent attorney-at-law as guardian ad litem to represent the interests of a minor who is called to testify. It shall be the duty of the court to ensure that the interests of such minor witness are represented and protected.

B. When the guardian ad litem, to the satisfaction of the court, has rendered substantial service in accordance with this section, the court may allow such guardian ad litem reasonable compensation to be paid from the funds appropriated to pay for the compensation of court-appointed counsel according to the rates and procedures set by the Supreme Court of Virginia.

C. If the matter in which a minor witness is called to testify is appealed to a circuit court, such circuit court may continue the appointment of the guardian ad litem or may appoint another discreet and competent attorney-at-law as guardian ad litem.

D. Additionally, a circuit court may appoint a guardian ad litem in accordance with this section when a minor witness is called to testify in any proceeding before the circuit court involving a criminal sexual assault in violation of a provision of Article 7 (§ 18.2-61 et seq.) of Chapter 4, commercial sex trafficking or prostitution pursuant to Article 3 (§ 18.2-346 et seq.) of Chapter 8, or family offenses pursuant to Article 4 (§ 18.2-362 et seq.) of Chapter 8 of Title 18.2.

2023, c. 378 ; 2025, c. 334 .
Va. Code Ann. § 8.01-66.2 — Virginia Code / Title 8.01 / Chapter 3 / Article 7.1 / Section 8.01-66.2
Lien against person whose negligence causes injury
Status: in_force

Whenever any person sustains personal injuries caused by the alleged negligence of another and receives treatment in any hospital, public or private, or nursing home, or receives medical attention or treatment from any physician, or receives nursing service or care from any registered nurse, or receives physical therapy treatment from any registered physical therapist in this Commonwealth, or receives medicine from a pharmacy, or receives any emergency medical services and transportation provided by an emergency medical services vehicle, such hospital, nursing home, physician, nurse, physical therapist, pharmacy or emergency medical services provider or agency shall each have a lien for the amount of a just and reasonable charge for the service rendered, but not exceeding $2,500 in the case of a hospital or nursing home, $750 for each physician, nurse, physical therapist, or pharmacy, and $200 for each emergency medical services provider or agency on the claim of such injured person or of his personal representative against the person, firm, or corporation whose negligence is alleged to have caused such injuries.

Code 1950, § 32-138; 1979, c. 722; 1981, c. 313; 1988, cc. 505, 544; 1995, cc. 470 , 550 , 669 ; 2003, cc. 455 , 525 ; 2010, c. 343 ; 2015, cc. 502 , 503 ; 2017, c. 603 .
Va. Code Ann. § 8.01-508 — Virginia Code / Title 8.01 / Chapter 18 / Article 6 / Section 8.01-508
How debtor may be arrested and held to answer
Status: in_force

If any person summoned under § 8.01-506 fails to appear and answer, or makes any answers which are deemed by the commissioner or court to be evasive, or if, having answered, fails to make such conveyance and delivery as is required by § 8.01-507 , the commissioner or court shall issue (i) a capias directed to any sheriff requiring such sheriff to take the person in default and deliver him to the commissioner or court so that he may be compelled to make proper answers, or such conveyance or delivery, as the case may be or (ii) a rule to show cause why the person summoned should not appear and make proper answer or make conveyance and delivery. If the person in default fails to answer or convey and deliver he may be incarcerated until he makes such answers or conveyance and delivery. Where a capias is issued, the person in default shall be admitted to bail as provided in Article 1 (§ 19.2-119 et seq.) of Chapter 9 of Title 19.2 if he cannot be brought promptly before the commissioner or court in the county or city to which the capias is returnable. Upon making such answers, or such conveyance and delivery, he shall be discharged by the commissioner or the court. He may also be discharged by the court from whose clerk's office the capias issued in any case where the court is of the opinion that he was improperly committed or is improperly or unlawfully detained in custody. If the person in default appeals the decision of the commissioner or court, he shall be admitted to bail as provided in Article 1 (§ 19.2-119 et seq.) of Chapter 9 of Title 19.2.

If the person held for failure to appear and answer interrogatories is detained in a jurisdiction other than that where the summons is issued, the sheriff in the requesting jurisdiction shall have the duty to transport such person to the place where interrogatories are to be taken.

Code 1950, § 8-438; 1977, c. 617; 1983, c. 278; 1985, c. 290; 1986, c. 326; 1999, cc. 829 , 846 .
Va. Code Ann. § 8.01-139 — Virginia Code / Title 8.01 / Chapter 3 / Article 14 / Section 8.01-139
What proof by plaintiff is sufficient
Status: in_force

The consent rule, formerly used, remains abolished. The plaintiff need not prove an actual entry on, or possession of, the premises demanded, or receipt of any profits thereof, or any lease, entry, or ouster, except as hereinafter provided. But it shall be sufficient for him to show a right to the possession of the premises at the time of the commencement of the suit.

Code 1950, § 8-809; 1977, c. 617.
Va. Code Ann. § 8.01-507 — Virginia Code / Title 8.01 / Chapter 18 / Article 6 / Section 8.01-507
Conveyance or delivery of property disclosed by interrogatories
Status: in_force

Any real estate out of this Commonwealth to which it may appear by such answer that the debtor is entitled shall, upon order of the court or commissioner, be forthwith conveyed by him to the officer to whom was delivered such fieri facias, and any money, bank notes, securities, evidences of debt, or other personal estate, tangible or intangible, which it may appear by such answers are in possession of or under the control of the debtor or his debtor or bailee, shall be delivered by him or them, as far as practicable, to such officer, or to some other, or in such manner as may be ordered by the commissioner or court.

Code 1950, § 8-436; 1977, c. 617.
Va. Code Ann. § 8.01-134 — Virginia Code / Title 8.01 / Chapter 3 / Article 14 / Section 8.01-134
How action commenced and prosecuted
Status: in_force

The action shall be commenced and prosecuted as other actions at law. The name of the real claimant shall be inserted as plaintiff, and all the provisions of law concerning a lessor of a plaintiff shall apply to such plaintiff.

Code 1950, § 8-801; 1977, c. 617.
Va. Code Ann. § 8.01-40.5 — Virginia Code / Title 8.01 / Chapter 3 / Article 3 / Section 8.01-40.5
Publishing or distributing material harmful to minors on the Internet
Status: in_force

A. For the purposes of this section:

"Interactive computer service" means the same as that term is defined in § 8.01-49.1.

"Material harmful to minors" means any description or representation of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when it (i) appeals to the prurient, shameful, or morbid interest of minors; (ii) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (iii) is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.

"Sexual conduct" means the same as that term is defined in § 18.2-390.

“Substantial portion” means more than 33 and one-third percent of total material on a website that meets the definition of material harmful to minors.

B. Any commercial entity that knowingly or intentionally publishes or distributes material harmful to minors on the Internet from a website that contains a substantial portion of such material shall, through the use of (i) a commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification or (ii) another commercially reasonable method of age and identity verification, verify that any person attempting to access such material harmful to minors is 18 years of age or older.

C. Any commercial entity that violates the provisions of this section shall be subject to civil liability for damages resulting from a minor's access to such material harmful to a minor and reasonable attorney fees and costs.

D. Nothing in this section shall be construed to impose an obligation or liability on a provider or user of an interactive computer service on the Internet.

2023, c. 811 .
Va. Code Ann. § 8.01-77 — Virginia Code / Title 8.01 / Chapter 3 / Article 8 / Section 8.01-77
What proceeds of sale to pass as real estate
Status: in_force

The proceeds received under the preceding provisions of this article or under Article 9 (§ 8.01-81 et seq.) of this chapter, from the sale or division of real estate of a person under a disability or so much thereof as may remain at such person's death, if such person continue until death incapable from any cause of making a will, shall pass to those who would have been entitled to the land if it had not been sold or divided.

Code 1950, § 8-689; 1952, c. 360; 1968, c. 66; 1977, c. 617.
Va. Code Ann. § 8.01-366 — Virginia Code / Title 8.01 / Chapter 12 / Article 2 / Section 8.01-366
Sale of property when no forthcoming bond is given
Status: in_force

In such case as is mentioned in § 8.01-365 , when no bond is given for the forthcoming of the property, the court may, before a decision of the rights of the parties, make an order for the sale of the property, or any part thereof, on such terms as the court may deem advisable, and for the proper application of the proceeds. The court may make such orders and enter such judgment as to costs and all other matters as may be just and proper.

Code 1950, § 8-228; 1977, c. 617.
Va. Code Ann. § 8.01-649 — Virginia Code / Title 8.01 / Chapter 25 / Article 2 / Section 8.01-649
Proceedings when application is to Supreme Court or Court of Appeals
Status: in_force

If the application is to the Court of Appeals or the Supreme Court, the procedure shall be in accordance with the provisions of Rules of Court.

Code 1950, § 8-710; 1977, c. 617; 1984, c. 703.
Va. Code Ann. § 8.01-227.11 — Virginia Code / Title 8.01 / Chapter 3 / Article 25 / Section 8.01-227.11
Definitions
Status: in_force

As used in this article, unless the context requires a different meaning:

"ANSI Ski Lift Code" means the American National Standard (B77.1-2006): Passenger Ropeways -- Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors -- Safety Requirements, as published by the American National Standards Institute, including any supplements thereto or revisions thereof.

"Competition" means any contest or event operated by a winter sports area operator or any other party authorized by the operator at a winter sports area involving comparison of skills, including, but not limited to, a ski race, mogul contest, jumping event, freestyle event, snowcross contest, or other similar contest or event. "Competition" includes training sessions or practice for a contest or event.

"Competition terrain" means any part of a winter sports area in which an operator has authorized a competition to take place.

"Competitor" means a winter sports participant who actually is engaged in a competition in any portion of a winter sports area made available by the winter sports area operator.

"Designated trail" means a winter sports area trail on which a participant is permitted by the operator to participate in a winter sport.

"Freestyle terrain" and "freestyle terrain park" means any portion of a winter sports area that has been designated as such by the operator for freestyle skiing, freestyle snowboarding, or similar freestyle winter sports and includes, but is not limited to, the terrain park itself and features such as rails, boxes, jumps, hits, jibs, tabletops, spines, ramps, banks, pipes, half-pipes, quarter-pipes, tables, logs, or other man-made features such as buses and other vehicles, propane tanks, and tractor tires; snowcross terrain and features; and other constructed or natural features, but does not include moguls, bumps, or rollers or jumps not built by the operator, unless they are within a designated freestyle terrain park.

"Freestyler" means a winter sports participant utilizing freestyle terrain or a freestyle terrain park.

"Helmet" means a type of molded headgear equipped with a neck or chin strap specifically designed by the manufacturer to be used while engaged in the winter sport of alpine skiing or snowboarding.

"Inherent risks of winter sports" or "inherent risks of the winter sport" include:

1. Existing and changing weather conditions and visibility;

2. Hazards associated with varying surface or subsurface conditions on a single trail or from one trail to another, including but not limited to hazards such as participant use, snow in any condition and changing snow conditions, man-made snow, synthetic snow, ice, synthetic ice, snow or ice falling from a tree or natural or man-made structure, crust, slush, soft spots, ridges, rollers, knobs, holes, grooves, tracks from winter sports area vehicles, bare spots, rocks, boulders, stumps, logs, and brush or other forest growth or debris, or piles thereof;

3. Variations in difficulty of terrain, whether natural or as a result of slope use, slope design, or both;

4. Trails that have, or fall away or drop off toward, natural or man-made obstacles or hazards, including but not limited to sharp corners, ridges, jumps, bumps, rollers, moguls, valleys, dips, compressions, cliffs, ravines, drop-offs, streams, rivers, ponds, lakes, stream beds, open water or water with thin ice, holes, steep, flat, and uphill sections, and all variants and combinations thereof;

5. The potential for collision with other participants or other individuals, including with winter sports area personnel, whether or not those personnel are on duty or off duty; with wild or domestic animals; or with equipment or objects such as winter sports area infrastructure, snowmaking equipment, buildings and posts, and stationary and moving lit or flagged winter sports area vehicles;

6. The potential for a participant to act in a negligent or reckless manner that may cause or contribute to the injury or death of the participant or other individuals or damage to property;

7. The location, construction, design, layout, configuration, and condition of trails, freestyle terrain, and competition terrain;

8. The fact that use of trails, freestyle terrain, and competition terrain and participation in or being near races or other competitions or events, including but not limited to as a participant, employee at a winter sports area, spectator, or observer, involves the risk of serious injury or death or damage to property;

9. The fact that a helmet may not afford protection in all instances and that failure to wear a helmet that is properly sized, fitted, and secured may increase the risk of injury or death or the risk of more severe injury; and

10. The fact that the use of passenger tramways may be hazardous to passengers, including but not limited to risks resulting from loading or unloading a tramway and the potential for a passenger to fall from a tramway.

"Operator" or "winter sports area operator" means any person who has responsibility for the operations of a winter sports area, including its officers, directors, and employees and agents acting within the scope of their employment.

"Participant" or "winter sports participant" means an individual of any age or physical or mental ability who is an amateur or professional invitee of the operator or a trespasser and who participates in a winter sport at the winter sports area, whether or not consideration is paid to participate in the winter sport and whether or not the participant holds a valid admission ticket for all or a portion of the winter sports area, and any employee of the operator who participates in a winter sport either as part of his employment duties or as recreation.

"Participates in a winter sport" or "participating in a winter sport" means:

1. Using a trail or other terrain at a winter sports area to engage in a winter sport;

2. Participating in training or lessons for a winter sport as either an instructor or a student;

3. Being a spectator, observer, bystander, or pedestrian of or to any activity on a trail or other terrain at or near a winter sports area; or

4. Being a passenger on a passenger tramway.

"Passenger" means any individual, including a winter sports participant, while being transported or conveyed by a passenger tramway, while waiting in the immediate vicinity for such transportation or conveyance, while moving away from the disembarkation or unloading point of a passenger tramway to clear the way for the following passengers, or while boarding or embarking upon or unloading or disembarking from a passenger tramway.

"Passenger tramway" means any ski lift, chairlift, gondola, tramway, cable car, or other aerial lift and any rope tow, conveyor, t-bar, j-bar, handle tow, or other surface lift used by an operator to transport participants, spectators, observers, or pedestrians at a winter sports area, and any associated components including, but not limited to, lift towers, concrete tower foundations, tower bolts, tower ladders, lift terminals, chairs, gondolas, t-bars, j-bars, conveyors, and other structures relating to passenger tramways.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.

"Snowmaking equipment" means any machine used to make snow, including but not limited to snow guns and any associated towers, components, pipe, hydrant, hose, or other structures or equipment, including electrical equipment.

"Trail" or "winter sports area trail" means any slope, trail, run, freestyle terrain, or competition terrain located in a winter sports area. "Trail" includes edges and transition areas to other terrain, but does not include a tubing park.

"Tubing" means sliding on inflatable tubes, minibobs, sleds, toboggans, or any other comparable devices down a prepared course or lanes at a winter sports area.

"Tubing park" means an area designated by an operator for tubing.

"Winter sport" means a recreational or sporting activity, including sliding, jumping, walking, or traveling on a winter sports area trail for alpine skiing; Nordic skiing; telemark skiing; freestyle skiing; snowboarding; freestyle snowboarding; snowshoeing; tobogganing; sledding; or use of a snowmobile, minibob, snowbike, or comparable device; or any similar activity or use of a device that takes place at any time of the year on natural snow, man-made snow, ice, synthetic snow, synthetic ice, or any other synthetic surface, including a competition or the use of any device by a disabled or adaptive participant for a winter sport. "Winter sport" does not include ice skating or tubing.

"Winter sports area" means all the real and personal property under control of the operator or on the premises of such property that is being occupied by the operator by fee simple, lease, license, easement, permission, or otherwise, including but not limited to any and all trails, freestyle terrain, competition terrain, passenger tramways, or other areas of real property. "Winter sports area" does not include a tubing park except for any passenger tramway serving a tubing park and the immediate vicinity of such a passenger tramway in which individuals embark upon or disembark from the passenger tramway.

"Winter sports area infrastructure" means:

1. Passenger tramways;

2. Snowmaking equipment;

3. Towers, buildings, shacks, fixtures, furniture, and other structures, including utility infrastructure, located on the winter sports area property; and

4. Signs, fences, ropes, flags, posts, poles, and any other materials or structures used for posting signs or to manage or direct winter sports participants, spectators, observers, or pedestrians or any combination thereof.

"Winter sports area vehicle" means a vehicle used on a winter sports area trail in the operation and maintenance of winter sports areas and competitions and includes, but is not limited to, snowmobiles, all-terrain vehicles, and any other similarly sized vehicles as well as larger maintenance vehicles such as snow grooming equipment.

2012, c. 713 .
Va. Code Ann. § 8.01-293 — Virginia Code / Title 8.01 / Chapter 8 / Article 3 / Section 8.01-293
Authorization to serve process, capias or show cause order; execute writ of possession or eviction and levy upon property
Status: in_force

A. The following persons are authorized to serve process:

1. The sheriff within such territorial bounds as described in § 8.01-295 ;

2. Any person 18 years of age or older and who is not a party or otherwise interested in the subject matter in controversy. For purposes of this subdivision, an investigator employed by the Indigent Defense Commission shall not be considered to be a party or otherwise interested in the subject matter in controversy while engaged in the performance of his official duties when serving witness subpoenas. For purposes of this subdivision, an investigator employed by an attorney for the Commonwealth shall not be considered to be a party or otherwise interested in the subject matter in controversy while engaged in the performance of his official duties, provided that the sheriff in the jurisdiction where process is to be served has agreed that such investigator may serve process. If a sheriff has agreed that such investigator may serve process, then an investigator employed by an attorney for the Commonwealth may serve process. However, in any case in which custody or visitation of a minor child or children is at issue and a summons is issued for the attendance and testimony of a teacher or other school personnel who is not a party to the proceeding, if such summons is served on school property, it shall be served only by a sheriff or his deputy; or

3. A private process server. For purposes of this section, "private process server" means any person 18 years of age or older and who is not a party or otherwise interested in the subject matter in controversy, and who charges a fee for service of process.

Whenever in this Code the term "officer" or "sheriff" is used to refer to persons authorized to make, return, or do any other act relating to service of process, such term shall be deemed to refer to any person authorized by this section to serve process.

B. Notwithstanding any other provision of law (i) only a sheriff or high constable may execute an order or writ of possession for personal, real, or mixed property, including a writ of eviction arising out of an action in unlawful entry and detainer or ejectment; (ii) any sheriff, high constable, or law-enforcement officer as defined in § 9.1-101 may serve any capias or show cause order; and (iii) only a sheriff, the high constable for the City of Norfolk or Virginia Beach, or a treasurer may levy upon property.

Code 1950, §§ 8-52, 8-54; 1954, c. 543; 1960, c. 16; 1968, c. 484; 1977, c. 617; 1981, c. 110; 1986, c. 275; 1996, cc. 501 , 608 ; 1997, c. 820 ; 2002, c. 342 ; 2004, cc. 210 , 588 ; 2011, c. 766 ; 2018, c. 238 ; 2019, cc. 180 , 700 ; 2022, cc. 248 , 684 .
Va. Code Ann. § 8.01-465.19 — Virginia Code / Title 8.01 / Chapter 17.3 / Section 8.01-465.19
Asserting and defending foreign-money claim
Status: in_force

A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars.

An opposing party may allege and shall prove that all or part of a claim is in a different money than that asserted by the claimant. A person may assert a defense, setoff, recoupment, or counterclaim in any money without regard to the money of other claims.

The determination of the proper money of the claim is a question of law.

1991, c. 24.
Va. Code Ann. § 8.01-412.2 — Virginia Code / Title 8.01 / Chapter 14 / Article 6.1 / Section 8.01-412.2
Authorization of audio-visual deposition; official record; uses
Status: in_force

Any deposition may be recorded by audio-visual means without a stenographic record. Any party may make, at his own expense, a simultaneous stenographic or audio record of the deposition. Upon request and at his own expense, any party is entitled to an audio or audio-visual copy of the audio-visual recording.

The audio-visual recording is an official record of the deposition. A transcript prepared by a court reporter shall also be deemed an official record of the deposition. An audio-visual deposition may be used for any purpose and under any circumstances in which a stenographic deposition may be used.

For purposes of this article, "audio-visual" shall include video conferencing and teleconferencing.

1983, c. 305; 2000, c. 821 .
Va. Code Ann. § 8.01-227.7 — Virginia Code / Title 8.01 / Chapter 3 / Article 23 / Section 8.01-227.7
Statute of limitations
Status: in_force

Every action brought pursuant to this article shall be commenced no later than two years after the child's eighteenth birthday.

2002, c. 863 .
Va. Code Ann. § 8.01-476 — Virginia Code / Title 8.01 / Chapter 18 / Article 1 / Section 8.01-476
New execution after loss of property sold under indemnifying bond
Status: in_force

When property sold under an execution, or its value, is recovered from an obligor on an indemnifying bond given before such sale, or from a purchaser having a right of action on such bond, the person having such execution, or his personal representative, may, by motion, after reasonable notice to the person, or the personal representative of the person, against whom the execution was, obtain a new execution against him, without credit for the amount for which the property was sold under the former execution. Such motion shall be made within the period of time prescribed by § 8.01-255.2 .

Code 1950, § 8-408; 1977, c. 617.
Va. Code Ann. § 8.01-155 — Virginia Code / Title 8.01 / Chapter 3 / Article 14 / Section 8.01-155
How judgment for plaintiff entered
Status: in_force

The judgment for the plaintiff shall be, that he recover the possession of the premises, according to the verdict of the jury, if there be a verdict, or if the judgment be by default, or on demurrer, according to the description thereof in the motion for judgment.

Code 1950, § 8-825; 1954, c. 333; 1977, c. 617.
Va. Code Ann. § 8.01-370 — Virginia Code / Title 8.01 / Chapter 12 / Article 2 / Section 8.01-370
Claimant may give suspending bond; proceedings to have title settled; action on indemnifying or suspending bond
Status: in_force

The sale of any property levied on under a fieri facias or distress warrant shall be suspended at the instance of any claimant thereof who will deliver to the officer a suspending bond, with good security, in a penalty equal to double the value thereof, payable to such officer, with condition to pay to all persons who may be injured by suspending the sale thereof, until the claim thereto is adjudicated or otherwise adjusted, such damage as they may sustain by such suspension. If the property claimed to be liable by virtue of such process is in the possession of any of the parties against whom such process was issued, but is claimed by any other person, or is claimed to belong to any other person, the officer having such process in his hands to be executed shall, whether an indemnifying bond has been given or not, after notice to the claimant, or his agent, proceed to execute the same notwithstanding such claim, unless the claimant of such property or someone for him shall give the suspending bond aforesaid, and shall within thirty days after such bond is given proceed to have the title to such property settled in accordance with the provisions of this chapter. And in case such claimant or someone for him fails to give a suspending bond, or having given such bond fails to have such proceedings instituted to settle the title thereto, the claimant shall be barred from asserting such claim to the property and the sale of the property shall proceed. For the purpose of this section, a person making a claim of ownership of property on behalf of another shall be deemed to be the latter's agent, and the notice required by this section may be verbal or in writing. Upon any such indemnifying or suspending bond as is mentioned in this section or § 8.01-369 an action may be prosecuted in the name of the officer for the benefit of the claimant, creditor, purchaser, or other person injured, and such damages recovered in such action as a jury may assess. The action may be prosecuted and a writ of fieri facias had in the name of such officer when he is dead in like manner as if he were alive.

Code 1950, § 8-232; 1977, c. 617.
Va. Code Ann. § 8.01-581.018 — Virginia Code / Title 8.01 / Chapter 21 / Article 3 / Section 8.01-581.018
Arbitrator selection process; methods; prohibited practices
Status: in_force

A. In any arbitration with a high-volume arbitration service provider pursuant to a pre-dispute arbitration agreement, the high-volume arbitration service provider shall not require any party to accept or use any particular arbitrator in an arbitration proceeding involving a Virginia-connected transaction.

B. A high-volume arbitration service provider shall establish and maintain procedures that provide parties in any arbitration agreement pursuant to a pre-dispute arbitration agreement with (i) a meaningful opportunity to agree upon an arbitrator and (ii) for cases where an agreement upon an arbitrator cannot be reached, an impartial system for arbitrator selection that ensures that (a) each party has an equal voice in the selection process, (b) neither party may unilaterally impose an arbitrator upon the other party, and (c) the selection process is transparent and fair to all parties.

C. An acceptable impartial system for arbitrator selection in accordance with subsection B shall include the following:

1. A striking method in which parties alternatively eliminate arbitrators from a list until one remains;

2. A ranking method in which parties rank arbitrators and the highest mutually ranked arbitrator is selected;

3. A random selection method in which an arbitrator is selected from a pool of arbitrators previously approved by both parties; or

4. Any other method that ensures neither party can compel the other to accept an arbitrator without meaningful input.

D. In any arbitration with a high-volume arbitration service provider pursuant to a pre-dispute arbitration agreement, the proposed neutral arbitrator shall disclose all matters that may cause a person who is aware of the facts to have reasonable uncertainty that such proposed neutral arbitrator would be able to be impartial. Such disclosures include:

1. The existence of any ground for disqualification of a judge for a violation of the Canons of Judicial Conduct;

2. Whether the proposed neutral arbitrator has a current arrangement concerning prospective employment or other compensated service as a dispute resolution neutral or is participating in, or, within the last two years, has participated in, discussions regarding such prospective employment or service with a party to the proceeding; or

3. The names of the parties to all prior or pending arbitrations during the preceding five years where the proposed neutral arbitrator served or is serving as a party arbitrator for a party to the arbitration proceeding or for a lawyer for a party to such proceeding, and the results of each case arbitrated to conclusion, including the date of the arbitration award, the identification of the prevailing party, the names of the parties' attorneys, the text of any written award, and the amount of monetary damages awarded, if any. To preserve confidentiality, it shall be sufficient to give the name of any party who is not a party to the pending arbitration as "claimant" or "respondent" if the party is an individual and not a business or corporate entity.

E. No high-volume arbitration service provider shall administer an arbitration pursuant to a pre-dispute arbitration agreement and involving a Virginia-connected transaction if any party or law firm representing a party has, or within the preceding five years has had, any type of financial interest in the private arbitration company, including by ownership, employment, or appointment and payment as an arbitrator or other neutral.

2026, c. 490 .
Va. Code Ann. § 8.01-37.1 — Virginia Code / Title 8.01 / Chapter 3 / Article 3 / Section 8.01-37.1
Claims for medical services provided by United States; proof of reasonable value
Status: in_force

Whenever any person sustains personal injuries caused by the alleged negligence of another, and a claim against any person alleged to be liable is created in favor of the United States under federal law (42 U.S.C. § 2651 et seq.) for the reasonable value of medical, surgical or dental care and treatment provided, the injured party may, on behalf of the United States, claim the reasonable value of the medical services provided as an element of damages in a civil action against the person alleged to be liable. It shall not be required that the United States intervene in the action or be made a party in order to establish its claim. A sworn written statement of the authorized representative of the department or agency providing such services prepared in accordance with the regulations promulgated pursuant to 42 U.S.C. § 2652 shall be admissible as evidence of the reasonable value of the care and treatment provided.

1984, c. 42; 1985, c. 205.
Va. Code Ann. § 8.01-412.4 — Virginia Code / Title 8.01 / Chapter 14 / Article 6.1 / Section 8.01-412.4
Procedure
Status: in_force

The taking of audio-visual depositions shall be in accordance with the rules of the Supreme Court generally applicable to depositions. However, the following procedure shall be observed in recording an audio-visual deposition:

The deposition must begin with an oral or written statement on camera which includes (i) each operator's name and business address or, if applicable, the identity of the video conferencing or teleconferencing proprietor and locations participating in the video conference or teleconference; (ii) the name and business address of the operator's employer; (iii) the date, time and place of the deposition; (iv) the caption of the case; (v) the name of the witness; (vi) the party on whose behalf the deposition is being taken; (vii) with respect to video conferencing or teleconferencing, the identities of persons present at the deposition and the location of each such person; and (viii) any stipulations by the parties.

In addition, all counsel present on behalf of any party or witness shall identify themselves on camera. The oath for witnesses shall be administered on camera. If the length of a deposition requires the use of more than one recording unit, the end of each unit and the beginning of each succeeding unit shall be announced on camera. At the conclusion of a deposition, a statement shall be made on camera that the deposition is concluded. A statement may be made on camera setting forth any stipulations made by counsel concerning the custody of the audio-visual recording and exhibits or other pertinent matters.

All objections must be made as in the case of stenographic depositions. In any case where the court orders the audio-visual recording to be edited prior to its use, the original recording shall not be altered but shall be maintained as is.

Unless otherwise stipulated by the parties, the original audio-visual recording of a deposition, any copy edited pursuant to an order of the court, and exhibits shall be filed with the clerk of the court in accordance with the rules of the Supreme Court.

1983, c. 305; 1993, c. 208; 2000, c. 821 .
Va. Code Ann. § 8.01-525.7 — Virginia Code / Title 8.01 / Chapter 18.1 / Article 2 / Section 8.01-525.7
Trustee; rights and duties; compensation
Status: in_force

A trustee appointed pursuant to § 8.01-525.6 shall make written reports to the court as required by the court. The trustee may charge a fee of five percent of such salary, wages, or income received and disbursed by him; however, no public officer or employee who receives a full-time salary and who acts as trustee under this article shall retain such fee for his personal use.

The trustee, upon being appointed, shall give written notice to any person, firm, or corporation who may owe the debtor any salary, wages, or income, and upon receiving such notice such person, firm, or corporation shall pay to the trustee any salary, wages, or income that are owed to such debtor, at the time it would otherwise be due to the debtor.

The trustee may compromise and settle any claims against the debtor when he believes such compromise shall be for the benefit of all the creditors.

1936, p. 523; Michie Code 1942, § 5278f; Code 1950, § 55-162; 2019, c. 712 .
Va. Code Ann. § 8.01-81 — Virginia Code / Title 8.01 / Chapter 3 / Article 9 / Section 8.01-81
Who may compel partition of land; jurisdiction; validation of certain partitions of mineral rights; when shares of two or more laid off together
Status: in_force

A. Tenants in common, joint tenants, executors with the power to sell, and coparceners of real property, including mineral rights east and south of the Clinch River, shall be compellable to make partition and may compel partition, but in the case of an executor only if the power of sale is properly exercisable at that time under the circumstances; and a lien creditor or any owner of undivided estate in real estate may also compel partition for the purpose of subjecting the estate of his debtor or the rents and profits thereof to the satisfaction of his lien. Any court having general equity jurisdiction has jurisdiction in cases of partition, and in the exercise of such jurisdiction, shall order partition in kind if the real property in question is susceptible to a practicable division and may take cognizance of all questions of law affecting the legal title that may arise in any proceedings, between such tenants in common, joint tenants, executors with the power to sell, coparceners, and lien creditors.

Any two or more of the parties, if they so elect, may have their shares laid off together when partition can be conveniently made in that way. If the court orders partition in kind, the court may require that one or more parties pay one or more parties' amounts so that the payments, taken together with the court-determined value of the in-kind distributions to the parties, will make the partition in kind just and proportionate in value to the fractional interests held. If the court orders partition in kind, the court shall allocate to the parties that are unknown, unlocatable, or the subject of a default judgment a part of the property representing the combined interests of such parties as determined by the court, and such part of the property shall remain undivided.

B. If the court orders partition in kind, it shall consider:

1. Evidence of the collective duration of ownership or possession of any portion of the property by a party and one or more predecessors in title or predecessors in possession of the property who are or were related to the party;

2. A party's sentimental attachment to any portion of the property, including any attachment arising because such portion of the property has ancestral or other unique or special value to the party;

3. The lawful use being made of any portion of the property by a party and the degree to which the party would be harmed if the party could not continue the same use of such portion of the property;

4. The degree to which a party has contributed to the physical improvement, maintenance, or upkeep of any portion of the property; and

5. Any other relevant factor.

C. All partitions of mineral rights heretofore had are hereby validated.

D. Unless displaced by a provision of this article, the established principles of Virginia partition law supplement this article.

Code 1950, § 8-690; 1964, c. 167; 1968, c. 412; 1977, c. 617; 1984, c. 226; 2020, cc. 115 , 193 ; 2023, c. 333 .
Va. Code Ann. § 8.01-227.22 — Virginia Code / Title 8.01 / Chapter 3 / Article 25 / Section 8.01-227.22
Failure to fulfill duty or responsibility not negligence per se
Status: in_force

An operator's or participant's failure to abide by or fulfill a duty or responsibility under this article shall not constitute negligence per se.

2012, c. 713 .
Va. Code Ann. § 8.01-195.7 — Virginia Code / Title 8.01 / Chapter 3 / Article 18.1 / Section 8.01-195.7
Statute of limitations
Status: in_force

Every claim cognizable against the Commonwealth or a transportation district under this article shall be forever barred, unless within one year after the cause of action accrues to the claimant the notice of claim required by § 8.01-195.6 is properly filed. An action may be commenced pursuant to § 8.01-195.4 (i) upon denial of the claim by the Attorney General or the Director of the Division of Risk Management or, in the case of a transportation district, by the chairman of the commission of that district or (ii) after the expiration of six months from the date of filing the notice of claim unless, within that period, the claim has been compromised and discharged pursuant to § 8.01-195.5 . All claims against the Commonwealth or a transportation district under this article shall be forever barred unless such action is commenced within 18 months of the filing of the notice of claim, or within two years after the cause of action accrues.

The limitations periods prescribed by this section and § 8.01-195.6 shall be subject to the tolling provision of § 8.01-229 and the pleading provision of § 8.01-235 . Additionally, claims involving medical malpractice in which the notice required by this section and § 8.01-195.6 has been given shall be subject to the provisions of § 8.01-581.9 . Notwithstanding the provisions of this section, if notice of claim against the Commonwealth was filed prior to July 1, 1984, any claimant so filing shall have two years from the date such notice was filed within which to commence an action pursuant to § 8.01-195.4 .

1981, c. 449; 1984, cc. 638, 698; 1985, c. 514; 1986, c. 584; 1988, cc. 778, 801; 1992, c. 796; 2016, c. 772 .
Va. Code Ann. § 8.01-581.7 — Virginia Code / Title 8.01 / Chapter 21.1 / Article 1 / Section 8.01-581.7
Opinion of panel
Status: in_force

A. Within thirty days, after receiving all the evidence, the panel shall have the duty, after joint deliberation, to render one or more of the following opinions:

1. The evidence does not support a conclusion that the health care provider failed to comply with the appropriate standard of care;

2. The evidence supports a conclusion that the health care provider failed to comply with the appropriate standard of care and that such failure is a proximate cause in the alleged damages;

3. The evidence supports a conclusion that the health care provider failed to comply with the appropriate standard of care and that such failure is not a proximate cause in the alleged damages; or

4. The evidence indicates that there is a material issue of fact, not requiring an expert opinion, bearing on liability for consideration by a court or jury.

B. If the review panel's finding is that set forth in subdivision 2 of subsection A of this section, the panel may determine whether the plaintiff suffered any disability or impairment and the degree and extent thereof.

C. The opinion shall be in writing and shall be signed by all panelists who agree therewith. Any member of the panel may note his dissent. All such opinions shall be filed with the clerk of the court in which the action is pending and mailed to the plaintiff and the defendant within five days of the date of their rendering. However, this subsection shall not be construed to preclude the panel from announcing the opinion in the presence of the parties or their counsel, provided a signed written opinion is subsequently mailed as provided in this subsection.

Code 1950, § 8-917; 1976, c. 611; 1977, c. 617; 1986, c. 227; 1993, c. 928.
Va. Code Ann. § 8.01-44.1 — Virginia Code / Title 8.01 / Chapter 3 / Article 3 / Section 8.01-44.1
Immunity from civil liability of members of certain committees, etc
Status: in_force

Every member of any committee, board, group, commission, or other entity established pursuant to federal or state law or regulation which functions to authorize, review, evaluate, or make recommendations on the nature, conduct, activities, or procedures involved in or related to programs or research protocols conducted under the supervision of members of the faculty or staff of any hospital or institution of higher education, including but not limited to the design or conduct of experiments involving human subjects, shall be immune from civil liability for any act, decision, omission, or utterance done or made in performance of such duties as a member of such committee, board, group, commission, or other entity, unless such act, decision, omission, or utterance is done or made in bad faith or with malicious intent or unless the member, when acting to authorize the nature, conduct, activities, or procedures involved in or related to a program or research protocol, knows or reasonably should know that the program or research protocol is being or will be conducted in violation of Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1. However, the immunity created herein shall not apply to those persons engaged in the actual conduct of the programs or research protocols.

1980, c. 479; 1981, c. 40; 1992, c. 603.
Va. Code Ann. § 8.01-195.13 — Virginia Code / Title 8.01 / Chapter 3 / Article 18.2 / Section 8.01-195.13
Compensation for certain intentional acts
Status: in_force

A. In any matter resulting in compensation for wrongful incarceration pursuant to this article, if a court of competent jurisdiction over the matter determines, or the court record clearly demonstrates, that the Commonwealth or any agency, instrumentality, officer or employee, or political subdivision thereof (i) intentionally and wrongfully fabricated evidence that was used to obtain the wrongful conviction in such manner and (ii) intentionally, willfully, and continuously suppressed or withheld evidence establishing the innocence of the person wrongfully incarcerated, including suppression or withholding of evidence to the Governor for the purpose of clemency, the Commonwealth may compensate the person wrongfully incarcerated for such intentional acts. Such amount shall be in addition to any compensation awarded pursuant to § 8.01-195.11 and may be up to or equal to the amount of such compensation. The additional compensation shall be added to any amount awarded pursuant to § 8.01-195.11 , and the total compensation shall be paid pursuant to subsection B of § 8.01-195.11 . Nothing provided in this section shall be interpreted to supplant, revoke, or supersede any other provision of this article applicable to the award of compensation for wrongful incarceration, and the additional compensation shall be subject to any conditions set forth in this article.

B. 1. Any compensation awarded pursuant to this article that includes the additional compensation for intentional acts as set forth in subsection A shall not become effective and payable by the Commonwealth unless and until the person wrongfully incarcerated executes the release and waiver pursuant to subsection B of § 8.01-195.12 .

2. a. In the event that (i) any compensation awarded pursuant to this article includes the additional compensation for intentional acts as set forth in subsection A; (ii) such award has become effective and payable by the Commonwealth pursuant to subdivision 1; and (iii) the instrumentality, or political subdivision thereof, employed any individual committing any of the intentional acts set forth in clauses (i) and (ii) of subsection A, then the person wrongfully incarcerated shall be compensated by such instrumentality, or political subdivision thereof, with a sum at least equal to the total compensation provided pursuant to § 8.01-195.11 and this section.

b. If it is established to the satisfaction of the Governor that the instrumentality, or political subdivision thereof, fails to compensate the person wrongfully incarcerated pursuant to subdivision a, the Governor shall immediately make an order directing the Comptroller to withhold all further payment to the instrumentality, or political subdivision thereof, of all funds, or of any part of them, appropriated and payable by the Commonwealth to the instrumentality, or political subdivision thereof, for any and all purposes, until such compensation is paid to the person.

2018, cc. 502 , 503 ; 2024, c. 396 ; 2025, c. 213 .
Va. Code Ann. § 8.01-202 — Virginia Code / Title 8.01 / Chapter 3 / Article 19 / Section 8.01-202
Execution, to whom issued
Status: in_force

An execution on behalf of the Commonwealth from the Circuit Court of the City of Richmond may, if the Comptroller see fit, be directed to any sheriff, of any political subdivision, and shall be served by any of such officers in whose hands the Comptroller may cause it to be placed.

Code 1950, § 8-765; 1977, c. 617.
Va. Code Ann. § 8.01-200 — Virginia Code / Title 8.01 / Chapter 3 / Article 19 / Section 8.01-200
Mistakes against State corrected
Status: in_force

After a debt to the Commonwealth shall have been paid, if it appear that an error or mistake has been committed to its prejudice, whether before or after the issuing of execution, a motion may be made on ten days' notice against any person liable for the debt, for the amount of such error or mistake, and judgment may be given therefor, without interest or damages thereon.

Code 1950, § 8-763; 1977, c. 617.
Va. Code Ann. § 8.01-647 — Virginia Code / Title 8.01 / Chapter 25 / Article 2 / Section 8.01-647
Defense; how made
Status: in_force

The defendant may file a demurrer or answer on oath to the petition, or both. The court may permit amendments of the pleadings as in other cases.

Code 1950, § 8-707; 1977, c. 617.
Va. Code Ann. § 8.01-581.12:2 — Virginia Code / Title 8.01 / Chapter 21.1 / Article 1 / Section 8.01-581.12:2
Article not applicable to actions arising prior to July 1, 1976
Status: in_force

(a) The provisions of this article shall not apply to any cause of action which arose prior to July 1, 1976, and as to which the statute of limitations had not run prior to that date, regardless of the date any suit brought thereon is filed. Notwithstanding the foregoing, in actions which accrued prior to July 1, 1976, if a claimant has filed notice under § 8.01-581.2 of this article, his cause of action and any defense thereto shall be governed by this article.

(b) The term "has filed," as used in this section, is deemed to include the filing of notice under § 8.01-581.2 (or under repealed § 8-912) of this article where such filing occurred prior to the expiration of any applicable statute of limitation when the cause of action arose prior to July 1, 1976. This subsection (b) shall be applied retroactively to such causes of action.

Code 1950, § 8-924; 1977, c. 422; 1978, c. 262.
Va. Code Ann. § 8.01-227.10 — Virginia Code / Title 8.01 / Chapter 3 / Article 24 / Section 8.01-227.10
Warning required
Status: in_force

A. Every space flight entity providing space flight activities to a participant shall have each participant sign the warning statement specified in subsection B.

B. The warning statement described in subsection A shall contain, at a minimum and in addition to any language required by federal law, the following statement:

"WARNING AND ACKNOWLEDGEMENT: I understand and acknowledge that, under Virginia law, there is no civil liability for bodily injury, including death, emotional injury, or property damage sustained by a participant in space flight activities provided by a space flight entity if such injury or damage results from the risks of the space flight activity. I have given my informed consent to participate in space flight activities after receiving a description of the risks of space flight activities as required by federal law pursuant to 49 U.S.C. § 70105 and 14 C.F.R. § 460.45. The consent that I have given acknowledges that the risks of space flight activities include, but are not limited to, risks of bodily injury, including death, emotional injury, and property damage. I understand and acknowledge that I am participating in space flight activities at my own risk. I have been given the opportunity to consult with an attorney before signing this statement."

C. Failure to comply with the requirements concerning the warning statement provided in this section shall prevent a space flight entity from invoking the privileges of immunity provided by this article.

2007, c. 893 .
Va. Code Ann. § 8.01-223 — Virginia Code / Title 8.01 / Chapter 3 / Article 21 / Section 8.01-223
Lack of privity no defense in certain cases
Status: in_force

In cases not provided for in § 8.2-318 where recovery of damages for injury to person, including death, or to property resulting from negligence is sought, lack of privity between the parties shall be no defense.

Code 1950, § 8-654.4; 1966, c. 439; 1977, c. 617.
Va. Code Ann. § 8.01-220.1:2 — Virginia Code / Title 8.01 / Chapter 3 / Article 21 / Section 8.01-220.1:2
Civil immunity for teachers under certain circumstances
Status: in_force

A. Any teacher employed by a local school board in the Commonwealth shall not be liable for any civil damages for any acts or omissions resulting from the supervision, care or discipline of students when such acts or omissions are within such teacher's scope of employment and are taken in good faith in the course of supervision, care or discipline of students, unless such acts or omissions were the result of gross negligence or willful misconduct.

B. No school employee or school volunteer shall be liable for any civil damages arising from the prompt good faith reporting of alleged acts of bullying or crimes against others to the appropriate school official in compliance with §§ 22.1-279.6 and 22.1-291.4 and specified procedures.

C. This section shall not be construed to limit, withdraw, or overturn any defense or immunity already existing in statutory or common law, to affect any claim occurring prior to the effective date of this law, or to prohibit any person subject to bullying or a criminal act from seeking redress under any other provision of law.

1997, cc. 349 , 879 ; 2005, c. 462 ; 2013, c. 575 .
Va. Code Ann. § 8.01-451 — Virginia Code / Title 8.01 / Chapter 17 / Article 5 / Section 8.01-451
Judgments to be docketed and indexed in new names of judgment debtors; how execution may thereafter issue
Status: in_force

Whenever there is a judgment docketed and indexed, as required by § 17.1-249 , and thereafter a judgment debtor whose name is so recorded changes his name, whether by marriage, court order, by a voluntary assumption of a new name or otherwise, the clerk of the court in which the judgment was obtained, upon satisfactory proof that the judgment debtor has acquired a new name, shall docket and index the judgment in the new name. Execution may thereafter issue against the judgment debtor in the prior name, the new name, or both. The clerk may require the submission by any party interested in the judgment or by his duly authorized attorney or agent of a form similar to that set out in § 8.01-446.1 indicating that the judgment debtor has acquired a new name, and stating the new name. Such form shall constitute satisfactory proof of the new name. This section shall apply to all judgments obtained prior or subsequent to the enactment hereof.

Code 1950, § 8-378.1; 1950, p. 440; 1977, c. 617; 1998, c. 639 .
Va. Code Ann. § 8.01-382 — Virginia Code / Title 8.01 / Chapter 13 / Section 8.01-382
Verdict, judgment or decree to fix period at which interest begins; final order; judgment or decree for interest
Status: in_force

In any Administrative Process Act (§ 2.2-4000 et seq.) action or action at law or suit in equity, the final order, verdict of the jury, or if no jury the judgment or decree of the court, may provide for interest on any principal sum awarded, or any part thereof, and fix the period at which the interest shall commence. The final order, judgment or decree entered shall provide for such interest until such principal sum be paid. If a final order, judgment or decree be rendered which does not provide for interest, the final order, judgment or decree awarded or jury verdict shall bear interest at the judgment rate of interest as provided for in § 6.2-302 from its date of entry or from the date that the jury verdict was rendered. Notwithstanding the provisions of this section, any judgment entered for a sum due under a negotiable instrument, as defined by § 8.3A-104 , shall provide for interest on the principal sum in accordance with § 8.3A-112 at the rate specified in the instrument. If no such rate is specified, interest on the principal sum shall be at the judgment rate provided in § 6.2-302 . Final orders may be recorded, enforced, and satisfied as orders or decrees of a circuit court upon certification of such orders by the agency head or his designee.

Code 1950, § 8-223; 1964, c. 219; 1974, c. 172; 1975, c. 448; 1977, c. 617; 1979, c. 501; 1997, c. 551 ; 2004, c. 646 ; 2008, c. 219 ; 2009, c. 797 .
Va. Code Ann. § 8.01-527 — Virginia Code / Title 8.01 / Chapter 19 / Section 8.01-527
If bond forfeited, where returned; its effect; clerk to endorse time of return
Status: in_force

If the condition of such forthcoming bond be not performed, the officer, unless payment be made of the amount due on the execution or warrant, including his fee, commission, and charges as aforesaid, shall, after the bond is forfeited, return it forthwith, with the execution or warrant, to such court, or the clerk's office of such court as is prescribed by § 15.1-80. The clerk shall endorse on the bond the date of its return; and against such of the obligors therein as may be alive when it is forfeited and so returned, it shall have the force of a judgment. But no execution shall issue thereon under this section.

Code 1950, § 8-451; 1977, c. 617.
Va. Code Ann. § 8.01-412.7 — Virginia Code / Title 8.01 / Chapter 14 / Article 6.1 / Section 8.01-412.7
Short title
Status: in_force

This article may be cited as the "Uniform Audio-Visual Deposition Act."

1983, c. 305.
Va. Code Ann. § 8.01-280 — Virginia Code / Title 8.01 / Chapter 7 / Article 2 / Section 8.01-280
Pleadings may be sworn to before clerk; affidavit of belief sufficient
Status: in_force

Any pleading to be filed in any court may be sworn to before the clerk or any officer authorized to administer oath thereof; and when an affidavit is required in support of any pleading or as a prerequisite to the issuance thereof, it shall be sufficient if the affiant swear that he believes it to be true.

Code 1950, § 8-131; 1977, c. 617.
Va. Code Ann. § 8.01-459 — Virginia Code / Title 8.01 / Chapter 17 / Article 7 / Section 8.01-459
Priority of judgments
Status: in_force

Judgments against the same person shall, as among themselves, attach to his real estate, and be payable thereout in the order of the priority of the lien of such judgments, respectively.

Code 1950, § 8-387; 1977, c. 617.
Va. Code Ann. § 8.01-475 — Virginia Code / Title 8.01 / Chapter 18 / Article 1 / Section 8.01-475
Subsequent executions
Status: in_force

Subject to the limitations prescribed by Chapter 17 (§ 8.01-426 et seq.) of this title, a party obtaining an execution may sue out other executions at his own costs, though the return day of a former execution has not arrived; and may sue out other executions at the defendant's costs, when on a former execution there is a return by which it appears that the writ has not been executed, or that it or any part of the amount thereof is not levied, or that property levied on has been discharged by legal process which does not prevent a new execution on the judgment. In no case shall there be more than one satisfaction for the same money or thing.

And the fact that a judgment creditor may have availed himself of the benefit of any other remedies under this chapter, shall not prevent him from issuing, from time to time, without impairing his lien under it, other executions upon his judgment until the same is satisfied.

Code 1950, § 8-407; 1977, c. 617.
Va. Code Ann. § 8.01-422 — Virginia Code / Title 8.01 / Chapter 15 / Section 8.01-422
Pleading recoupment
Status: in_force

In any action on a contract, the defendant may file a pleading, alleging any matter arising out of the transaction which would entitle him to relief in equity or at law, including (i) failure in the consideration of such contract, (ii) fraud in such contract's procurement, (iii) breach of any other provision of such contract, (iv) breach of any duty imposed upon the plaintiff by law in the making or performance of such contract, or (v) any other matter arising out of the transaction that would entitle the defendant to recover damages from the plaintiff, or the person under whom the plaintiff claims, in whole or in part, against the obligation of the contract; or, if the contract be by deed, alleging any such matter arising under the contract, existing before its execution, or any such mistake therein, or in the execution thereof, or any such other matter arising out of the transaction as would entitle him to such relief in equity or at law; and in either case alleging the amount to which he is entitled by reason of the matters contained in the pleading. If the amount claimed by the defendant exceeds the amount of the plaintiff's claim, the court or jury may, in a proper case, give judgment in favor of the defendant for such excess.

Code 1950, § 8-241; 1954, c. 617; 1977, c. 617; 2020, c. 1211 .
Va. Code Ann. § 8.01-537 — Virginia Code / Title 8.01 / Chapter 20 / Article 1 / Section 8.01-537
Petition for attachment; costs, fees and taxes
Status: in_force

A. Every attachment shall be commenced by a petition filed before a clerk of a circuit or general district court of, or magistrate serving, the county or city in which venue is given by subdivision 11 of § 8.01-261 . If it is sought to recover specific personal property, the petition shall state (i) the kind, quantity, and estimated fair market value thereof, (ii) the character of estate therein claimed by the plaintiff, (iii) the plaintiff's claim with such certainty as will give the adverse party reasonable notice of the true nature of the claim and the particulars thereof and (iv) what sum, if any, the plaintiff claims an entitlement to recover for its detention. If it is sought to recover a debt or damages for a breach of contract, express or implied, or damages for a wrong, the petition shall set forth (i) the plaintiff's claim with such certainty as will give the adverse party reasonable notice of the true nature of the claim and the particulars thereof, (ii) a sum certain which, at the least, the plaintiff is entitled to, or ought to recover, and (iii) if based on a contract and if the claim is for a debt not then due and payable, at what time or times the same will become due and payable. The petition shall also allege the existence of one or more of the grounds mentioned in § 8.01-534 , and shall set forth specific facts in support of the allegation. The petition shall ask for an attachment against the specific personal property mentioned in the petition, or against the estate, real and personal, of one or more of the principal defendants, or against the estate, real and personal, of one or more of the principal defendants, or against both the specific personal property and the estate of such defendants, real or personal. The petition shall state whether the officer is requested to take possession of the attached tangible personal property. The petition shall be sworn to by the plaintiff or the plaintiff's agent, or some other person cognizant of the facts therein stated.

B. The plaintiff praying for an attachment shall, at the time the petition is filed, pay to the magistrate or clerk of the court to which the return is made the proper costs, fees and taxes, and in the event the plaintiff fails to do so, the attachment shall not be issued.

Code 1950, §§ 8-524, 8-528; 1954, cc. 333, 622; 1973, c. 545; 1977, c. 617; 1978, c. 418; 1984, c. 646; 1993, c. 841; 2008, cc. 551 , 691 ; 2015, c. 639 .
Va. Code Ann. § 8.01-581.3 — Virginia Code / Title 8.01 / Chapter 21.1 / Article 1 / Section 8.01-581.3
Composition, selection, etc., of panel
Status: in_force

The medical review panel shall consist of (i) two impartial attorneys and two impartial health care providers, licensed and actively practicing their professions in the Commonwealth and (ii) the judge of a circuit court in which the action was filed, who shall preside over the panel. The judge shall have no vote and need not attend or participate in the deliberations. The medical review panel shall be selected by the Supreme Court from a list of health care providers submitted by the Board of Medicine and a list of attorneys submitted by the Virginia State Bar. In the selection of the health care provider members, the Court shall give due regard to the nature of the claim and the nature of the practice of the health care provider.

Code 1950, § 8-913; 1976, c. 611; 1977, cc. 202, 617; 1983, c. 208; 1984, c. 777; 1986, c. 227; 1993, c. 928; 1994, c. 384 .
Va. Code Ann. § 8.01-203 — Virginia Code / Title 8.01 / Chapter 3 / Article 19 / Section 8.01-203
Goods and chattels liable before real estate
Status: in_force

Every writ of fieri facias, issued according to § 8.01-201 , shall be levied first on the goods and chattels of the person against whose estate such writ issued. If, in the political subdivision, the residence of such person, there are no goods and chattels liable thereto, or not a sufficiency thereof, then the officer having such writ shall levy it on the real estate of such person.

Code 1950, § 8-766; 1977, c. 617.
Va. Code Ann. § 8.01-40 — Virginia Code / Title 8.01 / Chapter 3 / Article 3 / Section 8.01-40
Unauthorized use of name or picture of any person; punitive damages; statute of limitations
Status: in_force

A. Any person whose name, portrait, picture, voice, or likeness is used without having first obtained the written consent of such person, or if dead, of the surviving consort and if none, of the next of kin, or if a minor, the written consent of his or her parent or guardian, for advertising purposes or for the purposes of trade, such persons may maintain a suit in equity against the person, firm, or corporation so using such person's name, portrait, picture, voice, or likeness to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use. And if the defendant shall have knowingly used such person's name, portrait, picture, voice, or likeness in such manner as is forbidden or declared to be unlawful by this chapter, the jury, in its discretion, may award punitive damages.

B. No action shall be commenced under this section more than 20 years after the death of such person.

Code 1950, § 8-650; 1977, c. 617; 2015, c. 710 ; 2026, cc. 629 , 630 .
Va. Code Ann. § 8.01-663 — Virginia Code / Title 8.01 / Chapter 25 / Article 3 / Section 8.01-663
Judgment conclusive
Status: in_force

Any such judgment entered of record shall be conclusive, unless the same be reversed, except that the petitioner shall not be precluded from bringing the same matter in question in an action for false imprisonment.

Code 1950, § 8-605; 1977, c. 617.
Va. Code Ann. § 8.01-581.013 — Virginia Code / Title 8.01 / Chapter 21 / Article 2 / Section 8.01-581.013
Applications to court
Status: in_force

An application to the court under this article shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action.

1986, c. 614.
Va. Code Ann. § 8.01-233 — Virginia Code / Title 8.01 / Chapter 4 / Article 1 / Section 8.01-233
When action deemed brought on counterclaim or cross-claim; when statute of limitations tolled; defendant's consent required for dismissal
Status: in_force

A. A defendant who pleads a counterclaim or cross-claim shall be deemed to have brought an action at the time he files such pleading.

B. If the subject matter of the counterclaim or cross-claim arises out of the same transaction or occurrence upon which the plaintiff's claim is based, the statute of limitations with respect to such pleading shall be tolled by the commencement of the plaintiff's action.

Code 1950, § 8-244; 1954, c. 611; 1977, c. 617.
Va. Code Ann. § 8.01-581.15:1 — Virginia Code / Title 8.01 / Chapter 21.1 / Article 2 / Section 8.01-581.15:1
Medical malpractice information disclosures
Status: in_force

A. Every insurer issuing medical malpractice liability insurance policies covering health care providers in the Commonwealth shall disclose, for the preceding calendar year, information regarding (i) premiums, including total premiums written in the Commonwealth, the number of insured providers, the identity of the named insureds under such policies, the average and median premium per insured provider, investment or interest income attributable to such line of coverage, if maintained separately in the ordinary course of business, and any dividends, premium refunds, premium credits, surplus distributions, or other return of premiums paid or credited to policyholders or members, including the average amount of such payments per insured provider, and such premium information shall be categorized by medical specialty and type of insured entity, including independent physician practices, hospital-employed physicians, academic medical centers, and such other categories as reasonably reflect underwriting classifications used by insurers; (ii) claims activity, specifically the number of claims reported, lawsuits filed, claims settled, claims dismissed, claims tried to verdict, defense verdicts returned, and the average plaintiff verdict amount; (iii) claim payments and litigation costs, specifically the total indemnity paid, total defense and litigation expenses incurred, the average defense cost per closed claim, and the medical malpractice loss ratio, defined for the purposes of this section as the ratio of total indemnity payments and defense and litigation payments, reserves, and actuarially determined but not reported claims to earned premium for such coverage; and (iv) insurer financial condition, including the total surplus held by insurers writing medical malpractice liability insurance in the Commonwealth.

B. Every medical care facility, as defined in § 32.1-3 , or other health care provider that maintains self-insurance, captive insurance, risk retention arrangements, or other retained financial risk for medical malpractice liability shall disclose information regarding (i) the number of physicians and health care providers covered under the malpractice liability program; (ii) claims activity, including claims made, lawsuits filed, claims settled, claims tried to verdict, defense verdicts returned, and the average plaintiff verdict amount; and (iii) malpractice expenditures, including total indemnity paid, total defense and litigation expenses, administrative costs of the malpractice liability program, reserves for pending claims, and premiums paid for excess insurance or reinsurance coverage. For purposes of this subsection, a health care provider shall not be required to make any report of information already included in a report submitted pursuant to this subsection by a person or entity providing self-insurance, captive insurance, risk retention arrangements, or other retained financial risk for the medical malpractice liability of the health care provider.

C. Each entity required to disclose information pursuant to subsections A and B shall provide a list of verdicts during the reporting year in medical malpractice actions in the Commonwealth in which the jury verdict exceeded the limitation on recovery established pursuant to § 8.01-581.15 . Such list shall include (i) the verdict amount, (ii) the amount recoverable after the application of the limitation on recovery established pursuant to § 8.01-581.15 , and (iii) the year in which the cause of action began to accrue. No personally identifiable information of any individual involved in such an action shall be disclosed in such a list.

D. The disclosures and information required to be provided pursuant to the provisions of this section shall be submitted to the State Corporation Commission's Bureau of Insurance (the Bureau) in a uniform format prescribed by the Bureau. Where possible, the Bureau shall develop the uniform format consistent with the reporting requirements set forth in § 38.2-2228.2 . The initial disclosure shall be submitted on or before October 1, 2026, for the 2025 calendar year, and subsequent disclosures and information shall be submitted on or before March 31 of each year thereafter for the preceding calendar year. The Bureau shall include in its report aggregate summaries of such information and, to the extent practicable, shall present such data in a manner that allows comparison among health care providers by size, region, or type of facility. The Bureau shall utilize anonymized or de-identified formats to facilitate comparison, provided that no individual health care provider is identified and that, to the extent practicable, no information is presented that reasonably could be expected to reveal the identity of any individual health care provider, in any public report.

E. The disclosures and information required to be provided pursuant to this section shall be provided in aggregate form that does not allow identification of any individual physician, hospital, insurer, patient, or specific claim and shall be reported in the form maintained in the ordinary course of business by such entity and certified as accurate and complete by an officer of the reporting entity.

F. The disclosures and information submitted may contain information that the entities required to disclose consider confidential proprietary information. Such confidential proprietary information shall be excluded from, and the State Corporation Commission shall not be subject to, subpoena or public inspection with respect to such information if the entity required to disclose (i) invokes such exclusion, in writing, upon submission of the data or other materials for which protection from disclosure is sought; (ii) identified the data or other material for which protection is sought; and (iii) states the reason why protection is necessary.

G. The Bureau shall compile and analyze the information submitted pursuant to this section and shall prepare a report summarizing such information in aggregate form. The report shall not identify any individual physician, hospital, insurer, patient, or specific claim. The Bureau shall submit the report to the Chairs of the House Committee for Courts of Justice and the Senate Committee for Courts of Justice and to the ranking members of the minority party serving on such committees and shall make the report publicly available on the General Assembly's website as soon as practicable after receipt of the required disclosures. The report shall also include disclaimer language stating that the report shall be used to inform evaluation of the medical malpractice damages cap framework and other related policy considerations.

H. The provisions of this section shall expire upon the effective date of any act of the General Assembly establishing a new limitation on recovery for medical malpractice actions pursuant to § 8.01-581.15 .

2026, c. 1015 .
Va. Code Ann. § 8.01-418.3 — Virginia Code / Title 8.01 / Chapter 14 / Article 9 / Section 8.01-418.3
Repealed
Status: repealed

Repealed by Acts 2007, c. 250 , cl. 2.
Va. Code Ann. § 8.01-31 — Virginia Code / Title 8.01 / Chapter 3 / Article 2 / Section 8.01-31
Accounting in equity
Status: in_force

An accounting in equity may be had against any fiduciary or by one joint tenant, tenant in common, or coparcener for receiving more than comes to his just share or proportion, or against the personal representative of any such party.

Code 1950, § 8-514.1; 1956, c. 160; 1977, c. 617.
Va. Code Ann. § 8.01-227.14 — Virginia Code / Title 8.01 / Chapter 3 / Article 25 / Section 8.01-227.14
Freestyle terrain
Status: in_force

In addition to providing the signage and warnings set forth in subsections C and E of § 8.01-227.12 , an operator shall construct a barricade through use of fencing, flagging, or similar means at the entrance to any trail containing freestyle terrain. The barricade shall contain an entrance opening not wider than 30 feet.

2012, c. 713 .
Va. Code Ann. § 8.01-445 — Virginia Code / Title 8.01 / Chapter 17 / Article 4 / Section 8.01-445
Distinction between term and vacation abolished; effect of time
Status: in_force

The distinction of what a court may do in term as opposed to vacation is hereby abolished. The period of time provided for the doing of any act or the taking of any proceeding is not affected or limited by the continued existence or expiration of a term of court. The continued existence or expiration of a term of court in no way affects the power of a court to do any act or take any proceeding in any civil action which has been pending before it.

1977, c. 617.
Va. Code Ann. § 8.01-119 — Virginia Code / Title 8.01 / Chapter 3 / Article 12 / Section 8.01-119
Hearing to review issuance of order or process under § 8.01-114 or to consider request for such order or process
Status: in_force

A. Within thirty days after the issuance of any ex parte order or process pursuant to § 8.01-114 , or promptly upon application of either party, and in either event after reasonable notice, the court in which such proceeding is pending shall conduct a hearing to review the decision to issue the order or other process described in § 8.01-114 , or to consider the request of the plaintiff for issuance of such order or other process, whether or not the plaintiff has attempted to previously obtain an order pursuant to § 8.01-114 . The hearing may be combined with a prompt hearing held pursuant to § 8.01-546.2 on an exemption claimed or a trial on the merits or both. If combined with a hearing on an exemption claim, the hearing shall be conducted within ten business days of the filing of the request for a hearing. If the plaintiff gives reasonable notice of his intention to apply for such an order or process before the court, such hearing may be on the return day of the warrant. Evidence may be presented in the same manner as in subsection B of § 8.01-114 .

B. At the conclusion of the hearing, if the evidence establishes the facts set forth in subdivision 1 of subsection A of § 8.01-114 , and the court is satisfied from the evidence that (i) one or more of the grounds set forth in § 8.01-534 exist, (ii) there is good reason to believe that the defendant is insolvent, so that any recovery against him for the alternate value of the property and for damages and costs will probably prove unavailing, or (iii) the plaintiff may suffer other irreparable harm if his request is denied, and if it further appears to the court that there is a substantial likelihood that the plaintiff's allegations will be sustained at the trial, then the court shall issue the order or other process requested by the plaintiff, or let stand an order issued in the cause pursuant to § 8.01-114 .

If the decision of the court is in favor of the defendant, the former order or process issued in the cause shall be abated and the property returned to the possession of the person from whom it was taken to abide the final trial of the action or warrant. Proof of insolvency as grounds for possession of goods by the plaintiff shall not be introduced for purposes of affirming a prior ex parte order, but only upon an initial application for possession after reasonable notice.

C. Issuance of any order or process pursuant to this section shall be subject to the provisions of §§ 8.01-115 and 8.01-116 .

Code 1950, § 8-591; 1973, c. 408; 1977, c. 617; 1986, c. 341; 1993, c. 841.
Va. Code Ann. § 8.01-631.1 — Virginia Code / Title 8.01 / Chapter 24 / Section 8.01-631.1
Environmental injunction; financial capacity
Status: in_force

A court awarding a temporary or permanent injunction to the Commonwealth, or any of its officers or agencies, requiring any party to (i) abate, control, prevent, remove, or contain any substantial or imminent threat to public health or the environment, or (ii) develop a closure plan to address any substantial or imminent threat to public health or the environment that may result when a business ceases operation, shall require the defendant to demonstrate its financial capability to comply with the injunction. Financial capability may be demonstrated, at the court's discretion, by the establishment of an escrow account, the creation of a trust fund, the submission of a bond, or such other instruments as the court may deem appropriate.

For the purposes of this section "ceases operation" means to cease conducting the normal operation of a business in the Commonwealth where it would be reasonable to expect that such operation will not be resumed by the owner. The term shall not include the ordinary sale or transfer of a business.

1991, c. 236.
Va. Code Ann. § 8.01-220.2 — Virginia Code / Title 8.01 / Chapter 3 / Article 21 / Section 8.01-220.2
Repealed
Status: repealed

Repealed by Acts 2023, c. 798 .
Va. Code Ann. § 8.01-267 — Virginia Code / Title 8.01 / Chapter 5 / Section 8.01-267
Discretion of judge
Status: in_force

Both the decision of the court transferring or refusing to transfer an action under § 8.01-265 and the decision of the court as to amount of costs awarded under § 8.01-266 shall be within the sound discretion of the trial judge. However, nothing herein shall affect the right to assign as error a court's decision concerning venue.

1977, c. 617.
Va. Code Ann. § 8.01-243 — Virginia Code / Title 8.01 / Chapter 4 / Article 3 / Section 8.01-243
Personal action for injury to person or property generally; extension in actions for malpractice against health care provider
Status: in_force

A. Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues.

B. Every action for injury to property, including actions by a parent or guardian of an infant against a tort-feasor for expenses of curing or attempting to cure such infant from the result of a personal injury or loss of services of such infant, shall be brought within five years after the cause of action accrues. An infant's claim for medical expenses pursuant to subsection B of § 8.01-36 accruing on or after July 1, 2013, shall be governed by the applicable statute of limitations that applies to the infant's cause of action.

C. The two-year limitations period specified in subsection A shall be extended in actions for malpractice against a health care provider as follows:

1. In cases arising out of a foreign object having no therapeutic or diagnostic effect being left in a patient's body, for a period of one year from the date the object is discovered or reasonably should have been discovered;

2. In cases in which fraud, concealment, or intentional misrepresentation prevented discovery of the injury within the two-year period, for one year from the date the injury is discovered or, by the exercise of due diligence, reasonably should have been discovered; and

3. In a claim for the negligent failure to diagnose a malignant tumor, cancer, or an intracranial, intraspinal, or spinal schwannoma, for a period of one year from the date the diagnosis of a malignant tumor, cancer, or an intracranial, intraspinal, or spinal schwannoma is communicated to the patient by a health care provider, provided that the health care provider's underlying act or omission was on or after July 1, 2008, in the case of a malignant tumor or cancer or on or after July 1, 2016, in the case of an intracranial, intraspinal, or spinal schwannoma. Claims under this section for the negligent failure to diagnose a malignant tumor or cancer, where the health care provider's underlying act or omission occurred prior to July 1, 2008, shall be governed by the statute of limitations that existed prior to July 1, 2008. Claims under this section for the negligent failure to diagnose an intracranial, intraspinal, or spinal schwannoma, where the health care provider's underlying act or omission occurred prior to July 1, 2016, shall be governed by the statute of limitations that existed prior to July 1, 2016.

However, the provisions of this subsection shall not apply to extend the limitations period beyond 10 years from the date the cause of action accrues, except that the provisions of subdivision A 2 of § 8.01-229 shall apply to toll the statute of limitations in actions brought by or on behalf of a person under a disability.

D. Every action for injury to the person, whatever the theory of recovery, resulting from sexual abuse occurring during the infancy or incapacity of the person as set forth in subdivision 6 of § 8.01-249 shall be brought within 20 years after the cause of action accrues.

D1. For a cause of action accruing on or after July 1, 2020, every action for injury to the person, whatever the theory of recovery, resulting from sexual abuse, other than those actions specified in subsection D, shall be brought within 10 years after the cause of action accrues.

D2. Notwithstanding the provisions of subsections D and D1, every action for injury to the person, whatever the theory of recovery, resulting from sexual abuse occurring when the person was 18 years old or older by a person of authority over a victim shall be brought within 15 years after the cause of action accrues. For the purposes of this subsection, "person of authority" means a person in a position of trust having influence over the victim's life.

E. Every action for injury to property brought by the Commonwealth against a tort-feasor for expenses arising out of the negligent operation of a motor vehicle shall be brought within five years after the cause of action accrues.

Code 1950, § 8-24; 1954, c. 589; 1973, c. 385; 1977, c. 617; 1986, cc. 389, 454; 1987, cc. 294, 645, 679; 2008, c. 175 ; 2011, cc. 617 , 641 ; 2013, cc. 551 , 689 ; 2014, c. 586 ; 2016, c. 190 ; 2020, c. 1125 ; 2023, c. 27 .
Va. Code Ann. § 8.01-420.2 — Virginia Code / Title 8.01 / Chapter 14 / Article 9 / Section 8.01-420.2
Limitation on use of recorded conversations as evidence
Status: in_force

No mechanical recording, electronic or otherwise, of a telephone conversation shall be admitted into evidence in any civil proceeding unless (i) all parties to the conversation were aware the conversation was being recorded or (ii) the portion of the recording to be admitted contains admissions that, if true, would constitute criminal conduct which is the basis for the civil action, and one of the parties was aware of the recording and the proceeding is not one for divorce, separate maintenance or annulment of a marriage. The parties' knowledge of the recording pursuant to clause (i) shall be demonstrated by a declaration at the beginning of the recorded portion of the conversation to be admitted into evidence that the conversation is being recorded. This section shall not apply to emergency reporting systems operated by police and fire departments and by emergency medical services agencies, nor to any communications common carrier utilizing service observing or random monitoring pursuant to § 19.2-62 .

1983, c. 503; 1992, c. 567; 2015, cc. 502 , 503 .
Va. Code Ann. § 8.01-312 — Virginia Code / Title 8.01 / Chapter 8 / Article 4 / Section 8.01-312
Effect of service on statutory agent; duties of such agent; time for responding to process
Status: in_force

A. Service of process on the statutory agent shall have the same legal force and validity as if served within the Commonwealth personally upon the person for whom it is intended. It shall be the duty of the Commissioner of the Department of Motor Vehicles or the Secretary of the Commonwealth as statutory agent to:

1. Provide a receipt to a party seeking service who serves process on the statutory agent by hand delivery or any other method that does not provide a return of service or other means showing the date on which service on the statutory agent was accomplished. The party seeking service shall be responsible for filing such receipt in the office of the clerk of court in which the action is pending;

2. Forthwith send by registered or certified mail, with return receipt requested, a copy of the process to the person named therein and for whom the statutory agent is receiving the process; and

3. File an affidavit of compliance with this section with the papers in the action; this filing shall be made in the office of the clerk of the court in which the action is pending.

A1. The duties of the Clerk of the State Corporation Commission as statutory agent are governed by § 12.1-19.1 .

B. Unless otherwise provided by § 8.01-313 and subject to the provisions of § 8.01-316 , the address for the mailing of the process required by this section by the Commissioner of the Department of Motor Vehicles or the Secretary of the Commonwealth shall be that as provided by the party seeking service. The address for mailing the process served on the Clerk of the State Corporation Commission is specified in subsection D of § 12.1-19.1 .

C. The time for a nonresident to respond to process sent by the Commissioner of the Department of Motor Vehicles or the Secretary of the Commonwealth as statutory agent shall run from the date when the affidavit of compliance is filed in the office of the clerk of the court in which the action is pending. The time for a person, corporation, or other entity to respond to process sent by the Clerk of the State Corporation Commission as statutory agent shall run from the date when the certificate of compliance is filed as required by subsection B of § 12.1-19.1 .

Code 1950, § 8-67.2; 1954, c. 333; 1970, c. 680; 1972, c. 408; 1976, c. 26; 1977, c. 617; 2013, c. 113 ; 2024, c. 454 .
Va. Code Ann. § 8.01-581.016 — Virginia Code / Title 8.01 / Chapter 21 / Article 2 / Section 8.01-581.016
Appeals
Status: in_force

An appeal may be taken from:

1. An order denying an application to compel arbitration made under § 8.01-581.02 ;

2. An order by a general district court granting an application to compel arbitration;

3. An order granting an application to stay arbitration made under subsection B of § 8.01-581.02 ;

4. An order confirming or denying an award;

5. An order modifying or correcting an award;

6. An order vacating an award without directing a rehearing; or

7. A judgment or decree entered pursuant to the provisions of this article.

The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.

1986, c. 614; 2016, c. 181 .
Va. Code Ann. § 8.01-259 — Virginia Code / Title 8.01 / Chapter 5 / Section 8.01-259
Application
Status: in_force

Nothing in this chapter shall apply to venue in the following proceedings:

(1), (2) [Repealed.]

(3) Habeas corpus;

(4) Tax proceedings, other than those in Title 58.1;

(5) Juvenile and domestic relations district courts proceedings concerning children; or

(6) [Repealed.]

(7) Adoptions.

(8) [Repealed.]

In all other actions, venue shall be in accordance with the provisions of this chapter, and, with respect to such actions, in case of conflict between the provisions of this chapter and other provisions outside this chapter relating to venue, all such other provisions are hereby superseded.

1977, c. 617; 1987, c. 567; 1989, c. 556.
Va. Code Ann. § 8.01-481 — Virginia Code / Title 8.01 / Chapter 18 / Article 2 / Section 8.01-481
Territorial extent of lien
Status: in_force

The lien given by this chapter on personal property by levy shall, as to property capable of being levied on, be restricted to the bailiwick of the officer into whose hands the execution is placed to be executed, but as to property not capable of being levied on the lien shall extend throughout the limits of the Commonwealth.

Code 1950, § 8-414; 1977, c. 617.
Va. Code Ann. § 8.01-427 — Virginia Code / Title 8.01 / Chapter 17 / Article 1 / Section 8.01-427
Persons entitled under decree deemed judgment creditors; execution on decree
Status: in_force

The persons entitled to the benefit of any decree or order requiring the payment of money shall be deemed judgment creditors, although the money be required to be paid into a court, or a bank, or other place of deposit. In such case, an execution on the decree or order shall make such recital thereof, and of the parties to it, as may be necessary to identify the case; and if a time be specified in the decree or order within which the payment is to be made, the execution shall not issue until the expiration of that time.

Code 1950, § 8-344; 1977, c. 617.
Va. Code Ann. § 8.01-285 — Virginia Code / Title 8.01 / Chapter 8 / Article 1 / Section 8.01-285
Definition of certain terms used in this chapter; process, return, statutory agent
Status: in_force

As used in this chapter, unless the context requires a different meaning:

1. The term "process" shall be deemed to include notice;

2. The term "return" shall be deemed to include the term "proof of service";

3. The term "statutory agent" means (i) the Commissioner of the Department of Motor Vehicles and the Secretary of the Commonwealth, and the successors of either, when appointed pursuant to law for the purpose of service of process on the nonresident defined in subdivision 2 of § 8.01-307 or (ii) the Clerk of the State Corporation Commission, when appointed pursuant to law for the purpose of service of process on any individual, corporation, limited partnership, or other entity under § 12.1-19.1 , as the context may require; and

4. The term "person" includes an individual, his executor, administrator, or other personal representative, or a corporation, partnership, association or any other legal or commercial entity, whether or not a citizen or domiciliary of the Commonwealth and whether or not organized under the laws of the Commonwealth.

1977, c. 617; 1991, c. 672; 2005, c. 866 ; 2024, c. 454 .
Va. Code Ann. § 8.01-348 — Virginia Code / Title 8.01 / Chapter 11 / Article 3 / Section 8.01-348
How names of jurors drawn from box
Status: in_force

Prior to or during any term of court at which a jury may be necessary, the clerk or deputy clerk, in the presence of the judge or, in his absence, a commissioner in chancery appointed for the purpose by the judge, shall, after thoroughly mixing the ballots in the box, openly draw therefrom such number of ballots as are necessary for the trial of all cases during the term or as the judge shall direct. However, a commissioner shall not be eligible to witness the drawing of a jury to be used in the trial of any case in which he will be interested as attorney or otherwise.

Code 1950, § 8-208.13; 1973, c. 439; 1977, c. 617; 1983, c. 425.
Va. Code Ann. § 8.01-264 — Virginia Code / Title 8.01 / Chapter 5 / Section 8.01-264
Venue improperly laid; objection
Status: in_force

A. Venue laid in forums other than those designated by this chapter shall be subject to objection, but no action shall be dismissed solely on the basis of venue if there be a forum in the Commonwealth where venue is proper. In actions where venue is subject to objection, the action may nevertheless be tried where it is commenced, and the venue irregularity shall be deemed to have been waived unless the defendant objects to venue by motion filed, as to actions in circuit courts, within twenty-one days after service of process commencing the action, or within the period of any extension of time for filing responsive pleadings fixed by order of the court. As to actions in general district courts, a motion objecting to venue, which may be in the form of a letter or other written communication, shall be filed with or received by the court on or before the day of trial. Waiver by any defendant shall not constitute waiver for any other defendant entitled to object to venue. Such motion shall set forth where the defendant believes venue to be proper, may be in writing, and shall be promptly heard by the court upon reasonable notice by any party. The court shall hear the motion only on the basis of the action as commenced against the original defendant and not on the basis of subsequent joinder or intervention of any other party. If such motion is sustained, the court shall order the venue transferred to a proper forum under the appropriate provisions of §§ 8.01-195.4 , 8.01-260 , 8.01-261 and 8.01-262 and shall so notify each party.

B. In the event a party defendant whose presence created venue is dismissed after the parties are at issue, then the remaining parties defendant may object to venue within ten days after such dismissal if the remaining defendants can demonstrate that the dismissed defendant was not properly joined or was added as a party defendant for the purpose of creating venue. However, nothing in this section shall impair the right of the court under § 8.01-265 to retain the action for trial on motion of a plaintiff and for good cause shown.

C. The initial pleading, in any action brought in a general district court, shall inform the defendant of his right to object to venue if the action is brought in any forum other than that specified in §§ 8.01-261 , 8.01-262 , or § 8.01-263 . The information to the defendant shall be stated in clear, nontechnical language reasonably calculated to accomplish the purpose of this subsection.

D. Where a suit described in subdivision 19 of § 8.01-261 is filed in a venue that is not described therein, the court, on its own motion and upon notice to all parties, may transfer the suit to a venue described in such subdivision provided the transfer is implemented within sixty days after service of process upon all parties.

1977, c. 617; 1982, c. 601; 1985, cc. 433, 492; 1986, cc. 396, 403; 1987, c. 709; 1991, c. 692.
Va. Code Ann. § 8.01-83.1 — Virginia Code / Title 8.01 / Chapter 3 / Article 9 / Section 8.01-83.1
Open-market sale, sealed bids, or auction
Status: in_force

A. If the court orders a sale of property in a partition action under the provisions of § 8.01-83 , the sale shall be an open-market sale unless the court finds that a sale by sealed bids or at auction would be more economically advantageous and in the best interests of the parties as a group.

B. If the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in the Commonwealth to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in the Commonwealth to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court, including setting a reasonable time for marketing the property at its court-determined value pursuant to § 8.01-81.1 .

C. If the broker appointed under subsection B obtains within a reasonable time an offer to purchase the property for at least the determination of value:

1. The broker shall promptly file a report containing (i) a description of the property to be sold to each buyer; (ii) the name of each buyer; (iii) the proposed purchase price; (iv) the terms and conditions of the proposed sale, including the terms of any owner financing; (v) the amounts to be paid to lienholders; (vi) a statement of contractual or other arrangements or conditions of the broker's commission; and (vii) other material facts relevant to the sale; and

2. The court shall hold a hearing to approve the same and shall appoint a special commissioner to make the sale and execute the deed pursuant to Article 11 (§ 8.01-96 et seq.).

D. If the broker appointed under subsection B does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after a hearing, may:

1. Approve the highest outstanding offer, if any;

2. Redetermine the value of the property and order that the property continue to be offered for an additional period of time; or

3. Order that the property be sold by sealed bids or at auction.

E. If the court orders a sale by sealed bids or at auction, the court shall set terms and conditions of such sale by sealed bids or an auction.

F. If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.

2020, cc. 115 , 193 .
Va. Code Ann. § 8.01-486 — Virginia Code / Title 8.01 / Chapter 18 / Article 3 / Section 8.01-486
Procedure when officer taking property under execution dies before sale
Status: in_force

If an officer taking property under execution die before the sale thereof, and there be no deputies of such officer acting in the case, upon a suggestion of the fact a writ of venditioni exponas may be directed to the sheriff or other officer of the county or city wherein the property was taken. Whereupon the officer to whom the writ is directed shall take possession of the property previously levied upon, whether the same be in possession of the representatives of the deceased officer or the execution debtor, and proceed to advertise and sell it and account for the proceeds thereof in like manner as if the levy had been made by himself.

Code 1950, § 8-419; 1977, c. 617.
Va. Code Ann. § 8.01-158 — Virginia Code / Title 8.01 / Chapter 3 / Article 14 / Section 8.01-158
How claim of plaintiff for profits and damages assessed
Status: in_force

If the plaintiff file with his motion for judgment a statement of the profits and other damages which he means to demand, and the jury find in his favor, they shall, at the same time, unless the court otherwise order, assess the damages for mesne profits of the land for any period not exceeding five years previously to the commencement of the suit until the verdict, and also the damages for any destruction or waste of the buildings or other property during the same time for which the defendant is chargeable.

Code 1950, § 8-827; 1954, c. 333; 1977, c. 617.
Va. Code Ann. § 8.01-408 — Virginia Code / Title 8.01 / Chapter 14 / Article 5 / Section 8.01-408
Recognizance taken upon continuance of case
Status: in_force

Upon the continuance of any civil case in a court, the court shall at the request of any party litigant require such party's witnesses then present to enter into recognizance in such penalty as the court may deem proper, either with or without security, for their appearance to give evidence in such case on such day as may then be fixed for the trial thereof, such recognizance to be taken, conditioned, and entered of record in the same manner provided in §§ 19.2-135 to 19.2-137 , for taking recognizance.

Code 1950, § 8-298; 1977, c. 617.
Va. Code Ann. § 8.01-225.2 — Virginia Code / Title 8.01 / Chapter 3 / Article 21 / Section 8.01-225.2
Immunity for those rendering emergency care to animals
Status: in_force

Any person, including a person licensed to practice veterinary medicine, who in good faith and without compensation renders emergency care or treatment to an injured animal at the scene of an emergency or accident shall not be liable for any injuries to such animals resulting from the rendering of such care or treatment.

1998, c. 669 .
Va. Code Ann. § 8.01-164 — Virginia Code / Title 8.01 / Chapter 3 / Article 14 / Section 8.01-164
Recovery of mesne profits, etc., not affected
Status: in_force

Nothing in this chapter shall prevent the plaintiff from recovering mesne profits, or damages done to the premises, from any person other than the defendant, who may be liable to such action.

Code 1950, § 8-834; 1977, c. 617.
Va. Code Ann. § 8.01-124 — Virginia Code / Title 8.01 / Chapter 3 / Article 13 / Section 8.01-124
Motion for judgment in circuit court for unlawful entry or detainer
Status: in_force

If any forcible or unlawful entry be made upon lands, or if, when the entry is lawful and peaceable, the tenant shall detain the possession of land after the right has expired, without the consent of him who is entitled to the possession, the party so turned out of possession, no matter what right of title he had thereto, or the party against whom such possession is unlawfully detained may file a motion for judgment in the circuit court alleging that the defendant is in possession and unlawfully withholds from the plaintiff the premises in question.

Code 1950, § 8-789; 1954, c. 549; 1975, c. 235; 1977, c. 617.
Va. Code Ann. § 8.01-581.6 — Virginia Code / Title 8.01 / Chapter 21.1 / Article 1 / Section 8.01-581.6
Conduct of proceedings
Status: in_force

In the conduct of its proceedings:

1. The testimony of the witnesses shall be given under oath. Members of the medical review panel, once sworn, shall have the power to administer oaths.

2. In the event a hearing is held, the parties are entitled to be heard, to present relevant evidence, and to cross-examine witnesses to the extent necessary to enable the panel to render an opinion as specified in § 8.01-581.7 . The rules of evidence need not be observed. The medical review panel may proceed with the hearing and shall render an opinion upon the evidence produced, notwithstanding the failure of a party duly notified to appear.

3. The medical review panel may issue or cause to be issued, on its own motion or on application of any party, subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence. Subpoenas so issued shall be served and, upon application by a party or the panel to a court of proper venue having jurisdiction over a motion for judgment based on such claim, enforced in the manner provided for the service and enforcement of subpoenas in a civil action. All provisions of law compelling a person under subpoena to testify are applicable.

4. [Repealed.]

5. The hearing shall be conducted by all members of the medical review panel unless the parties otherwise agree. A majority of the members present may determine any question and may render an opinion.

6. The medical review panel members may apply their expertise in evaluating the evidence giving due regard to the nature of the claim and the nature of the practice of the health care provider, whether expert medical opinions are presented by the parties or not.

Code 1950, § 8-916; 1976, c. 611; 1977, c. 617; 1979, c. 261; 1984, c. 777; 1986, c. 227.
Va. Code Ann. § 8.01-555 — Virginia Code / Title 8.01 / Chapter 20 / Article 2 / Section 8.01-555
When appeal bond given property to be delivered to owner
Status: in_force

When judgment in favor of the plaintiff is rendered by a general district court in any case in which an attachment is issued and on appeal therefrom to a circuit court an appeal bond is given, with condition to prosecute the appeal with effect or pay the debt, interest, costs and damages, as well as the costs of the appeal, the officer, in whose custody any attached property is, shall deliver the same to the owner thereof. When an appeal is from a circuit court to the Court of Appeals and an appeal bond is given pursuant to § 8.01-676.1 , the officer having custody shall proceed in like manner.

Code 1950, § 8-543; 1977, c. 617; 2021, Sp. Sess. I, c. 489 .
Va. Code Ann. § 8.01-326.1 — Virginia Code / Title 8.01 / Chapter 8 / Article 4 / Section 8.01-326.1
Repealed
Status: repealed

Repealed by Acts 2024, c. 454 , cl. 2, effective July 1, 2024
Va. Code Ann. § 8.01-378 — Virginia Code / Title 8.01 / Chapter 13 / Section 8.01-378
Trial judge not to direct verdicts
Status: in_force

In no action tried before a jury shall the trial judge give to the jury a peremptory instruction directing what verdict the jury shall render. If the trial judge has granted a motion to strike the evidence of the plaintiff or the defendant, the judge shall enter summary judgment or partial summary judgment in conformity with his ruling on the motion to strike.

Code 1950, § 8-218; 1958, c. 208; 1977, c. 617; 1985, c. 214; 1986, c. 253.
Va. Code Ann. § 8.01-149 — Virginia Code / Title 8.01 / Chapter 3 / Article 14 / Section 8.01-149
Verdict when jury finds for plaintiffs or any of them
Status: in_force

If the jury be of opinion for the plaintiffs, or any of them, the verdict shall be for the plaintiffs, or such of them as appear to have right to the possession of the premises, or any part thereof, and against such of the defendants as were in possession thereof or claimed title thereto at the commencement of the action.

Code 1950, § 8-819; 1977, c. 617.
Va. Code Ann. § 8.01-559 — Virginia Code / Title 8.01 / Chapter 20 / Article 2 / Section 8.01-559
Return by officer
Status: in_force

The officer levying the attachment shall show in his return the time, date and manner of the service, or execution thereof, on each person and parcel of property, and also give a list and description of the property, if any, levied on under the attachment.

Code 1950, § 8-547; 1954, c. 333; 1977, c. 617.
Va. Code Ann. § 8.01-540 — Virginia Code / Title 8.01 / Chapter 20 / Article 1 / Section 8.01-540
Issuance of attachment; against what attachment to issue
Status: in_force

A judge of, or a magistrate serving, the court in which a petition for attachment is filed shall make an ex parte review of the petition. The judge or magistrate shall issue an attachment in accordance with the prayer of the petition only upon a determination that (i) there is reasonable cause to believe that grounds for attachment may exist and (ii) the petition complies with §§ 8.01-534 , 8.01-537 , and 8.01-538 . The judge or magistrate may receive evidence only in the form of a sworn petition which shall be filed in the office of the clerk of the court. If the plaintiff seeks the recovery of specific personal property, the attachment may be (i) against such property and against the principal defendant's estate for so much as is sufficient to satisfy the probable damages for its detention or (ii) at the option of the plaintiff, against the principal defendant's estate for the value of the specific property and the damages for its detention. If the plaintiff seeks to recover a debt or damages for the breach of a contract, express or implied, or damages for a wrong, the attachment shall be against the principal defendant's estate for the amount specified in the petition as that which the plaintiff at the least is entitled to or ought to recover.

If the attachment is issued by a magistrate, it shall be returnable as prescribed by § 8.01-541 . The magistrate shall promptly return to the clerk's office of the court to which the attachment is returnable the petition and the bond, if any, filed before him. The proceedings thereafter shall be the same as if the attachment had been issued by a judge.

Code 1950, § 8.526; 1954, c. 254; 1977, c. 617; 1984, c. 646; 1993, c. 841; 2008, cc. 551 , 691 .
Va. Code Ann. § 8.01-188 — Virginia Code / Title 8.01 / Chapter 3 / Article 17 / Section 8.01-188
Jury trial
Status: in_force

When a declaration of right or the granting of further relief based thereon shall involve the determination of issues of fact triable by a jury, such issues may be submitted to a jury in the form of interrogatories, with proper instructions by the court, whether a general verdict be required or not.

Code 1950, § 8-582; 1977, c. 617.
Va. Code Ann. § 8.01-465.13:7 — Virginia Code / Title 8.01 / Chapter 17.2 / Section 8.01-465.13:7
Stay of proceedings pending appeal of foreign-country judgment
Status: in_force

If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.

2014, c. 462 .
Va. Code Ann. § 8.01-248 — Virginia Code / Title 8.01 / Chapter 4 / Article 3 / Section 8.01-248
Personal actions for which no other limitation is specified
Status: in_force

Every personal action accruing on or after July 1, 1995, for which no limitation is otherwise prescribed, shall be brought within two years after the right to bring such action has accrued.

Code 1950, § 8-24; 1954, c. 589; 1973, c. 385; 1977, c. 617; 1995, c. 9 .
Va. Code Ann. § 8.01-646 — Virginia Code / Title 8.01 / Chapter 25 / Article 2 / Section 8.01-646
When writ awarded if no defense made
Status: in_force

When the application is made, on proof of notice and service of the copy of the petition as aforesaid, if the defendant fails to appear, or appearing fails to make defense, and the petition states a proper case for the writ, a peremptory writ shall be awarded with costs.

Code 1950, § 8-706; 1977, c. 617.
Va. Code Ann. § 8.01-412.3 — Virginia Code / Title 8.01 / Chapter 14 / Article 6.1 / Section 8.01-412.3
Notice of audio-visual deposition
Status: in_force

The notice for taking an audio-visual deposition and the subpoena for attendance at that deposition shall state that the deposition will be recorded by audio-visual means.

1983, c. 305.
Va. Code Ann. § 8.01-130.8 — Virginia Code / Title 8.01 / Chapter 3 / Article 13.1 / Section 8.01-130.8
Review of decision to issue ex parte order or process; claim of exemption
Status: in_force

Promptly after levy on the property or promptly after possession of the property is taken by the officer pursuant to an ex parte order, or after denial of an application to issue such order by a magistrate, upon application of either party, and after reasonable notice, a judge of the general district court having jurisdiction shall conduct a hearing to review the decision to issue the ex parte order or process. In the event that the judge finds that the order or process should not have been issued, the court may dismiss the distraint or award actual damages and reasonable attorney fees to the person whose property was taken, or both. The provisions of § 8.01-546.2 shall govern claims for exemption.

1974, c. 458, § 55-232.2; 1980, c. 555; 1986, c. 341; 2019, c. 712 .
Va. Code Ann. § 8.01-390 — Virginia Code / Title 8.01 / Chapter 14 / Article 2 / Section 8.01-390
Nonjudicial records as evidence (Subdivision (10)(a) of Supreme Court Rule 2:803 derived from subsection C of this section)
Status: in_force

A. Copies of records of this Commonwealth, of another state, of the United States, of another country, or of any political subdivision or agency of the same, other than those located in a clerk's office of a court, shall be received as prima facie evidence, provided that such copies are authenticated to be true copies either by the custodian thereof or by the person to whom the custodian reports, if they are different. A digitally certified copy of a record provided pursuant to the provisions of Chapter 38.2 (§ 2.2-3817 et seq.) of Title 2.2, whether in electronic form or in print form with visible assurance of the digital signature, shall be deemed to be authenticated by the custodian of the record unless evidence is presented to the contrary.

B. Records and recordings of 911 emergency service calls shall be deemed authentic transcriptions or recordings of the original statements if they are accompanied by a certificate that meets the provisions of subsection A and the certificate contains the date and time of the incoming call and the incoming phone number, if available, associated with the call.

C. An affidavit signed by an officer deemed to have custody of such an official record, or by his deputy, stating that after a diligent search, no record or entry of such record is found to exist among the records in his office is admissible as evidence that his office has no such record or entry.

1977, c. 617; 1996, c. 668 ; 2000, c. 334 ; 2014, c. 353 ; 2017, c. 738 .
Va. Code Ann. § 8.01-506.1 — Virginia Code / Title 8.01 / Chapter 18 / Article 6 / Section 8.01-506.1
Production of book accounts or other writing compelled
Status: in_force

In any proceeding under the provisions of § 8.01-506 , a subpoena duces tecum may be issued for a book of accounts or other writing containing material evidence pursuant to Rule 4:9A of the Rules of the Supreme Court. However, notwithstanding the provisions of Rule 4:9A, a subpoena duces tecum issued pursuant to this section may (i) be directed to a party to the case and (ii) be issued by a commissioner and may direct that evidence and any custodians subpoenaed be produced before the commissioner. If the subpoena duces tecum is against a party who is not a resident of the Commonwealth, but who has appeared in the case or been served with process in this Commonwealth, the service may be on his attorney of record.

The provisions of Rule 4:1(c) of the Supreme Court as to protective orders shall be applicable to proceedings under this section.

1978, c. 339; 1986, c. 249; 1993, c. 267.
Va. Code Ann. § 8.01-512 — Virginia Code / Title 8.01 / Chapter 18 / Article 7 / Section 8.01-512
Repealed
Status: repealed

Repealed by Acts 1983, c. 399.
Va. Code Ann. § 8.01-573 — Virginia Code / Title 8.01 / Chapter 20 / Article 3 / Section 8.01-573
How and when claims of other persons to property tried
Status: in_force

Any person may file his petition at any time before the property attached as the estate of a defendant is sold or the proceeds of sale paid to the plaintiff under the judgment, disputing the validity of the plaintiff's attachment thereon, or stating a claim thereto, or an interest in or lien on the same, under any other attachment or otherwise, and its nature, and upon giving security for cost, the court, without any other pleading, shall inquire into such claim, or, if either party demand it, impanel a jury for that purpose. If it be found that the petitioner has title to, or a lien on, or any interest in, such property, or its proceeds, the court shall make such order as may be necessary to protect his rights. The costs of such inquiry shall be paid by either party, at the discretion of the court.

Code 1950, § 8-560; 1977, c. 617.
Va. Code Ann. § 8.01-301 — Virginia Code / Title 8.01 / Chapter 8 / Article 4 / Section 8.01-301
How process served on foreign stock or nonstock corporations and foreign limited liability companies generally
Status: in_force

Subject to § 8.01-286.1 , service of process on a foreign stock or nonstock corporation or a foreign limited liability company may be effected in the following manner:

1. By personal service on any officer or director or the registered agent of a foreign stock or nonstock corporation that is authorized to do business in the Commonwealth, by personal service on any agent of any such foreign corporation transacting business in the Commonwealth without such authorization, wherever any such officer, director, or agents be found within the Commonwealth, and by personal service on the registered agent of a foreign limited liability company that is registered to do business in the Commonwealth;

2. By substituted service on (i) a foreign stock or nonstock corporation in accordance with §§ 13.1-766 and 13.1-928 , respectively, and on a foreign limited liability company in accordance with § 13.1-1018 , if any such corporation or limited liability company is authorized or registered to transact business or affairs within the Commonwealth, and (ii) a foreign stock or nonstock corporation in accordance with subsection F of § 13.1-758 and subsection E of § 13.1-920 , respectively, and on a foreign limited liability company in accordance with subsection E of § 13.1-1057 , if any such corporation or limited liability company is not authorized or registered to transact business within the Commonwealth;

3. By substituted service on a foreign stock or nonstock corporation or foreign limited liability company in accordance with § 8.01-329 , or by service in accordance with § 8.01-320 , where jurisdiction is authorized under § 8.01-328.1 , regardless of whether any such foreign corporation or foreign limited liability company is authorized or registered to transact business within the Commonwealth; or

4. By order of publication in accordance with §§ 8.01-316 and 8.01-317 where jurisdiction in rem or quasi in rem is authorized, regardless of whether the foreign stock or nonstock corporation or foreign limited liability company so served is authorized or registered to transact business within the Commonwealth.

This section does not prescribe the only means, or necessarily the required means, of serving a foreign stock or nonstock corporation or foreign limited liability company.

For the purposes of responding to a subpoena served in the manner prescribed by this section, a foreign corporation transacting business in the Commonwealth that has a registered agent in the Commonwealth shall be deemed to have consented to service and shall respond to such subpoena in a manner consistent with the laws of the Commonwealth and the Rules of the Supreme Court of Virginia.

Code 1950, § 8-60; 1977, c. 617; 1991, c. 672; 2005, c. 866 ; 2013, c. 113 ; 2024, c. 454 ; 2025, c. 345 ; 2026, c. 868 .
Va. Code Ann. § 8.01-345 — Virginia Code / Title 8.01 / Chapter 11 / Article 3 / Section 8.01-345
Lists of qualified persons to be prepared by jury commissioners; random selection process
Status: in_force

The commissioners shall, not later than December 1 following their appointment, submit a list showing the names, addresses, freeholder status and, if available, the occupations of such of the inhabitants of their respective counties or cities as are well qualified under § 8.01-337 to serve as jurors and are not excluded or exempt by §§ 8.01-338 to 8.01-341 and 8.01-342 . Such master jury list shall be used in selecting jurors for a twelve-month period beginning on the first day of the first term of court in the calendar year next succeeding December 1. The number of persons selected for each court shall be as specified in the order appointing the commissioners.

The jury commissioners shall utilize random selection techniques, either manual, mechanical or electronic, using a current voter registration list and, where feasible, a list of persons issued a driver's license as defined in § 46.2-100 from the Department of Motor Vehicles, city or county directories, telephone books, personal property tax rolls, and other such lists as may be designated and approved by the chief judge of the circuit, to select the jurors representative of the broad community interests, to be placed on the master jury list. The commissioners shall make reasonable effort to exclude the names of deceased persons and unqualified persons from the master jury list. After such random selection, the commissioners shall apply such statutory exceptions and exemptions as may be applicable to the names so selected. The chief judge shall promulgate such procedural rules as are necessary to ensure the integrity of the random selection process and to ensure compliance with other provisions of law with respect to jury selection and service.

Where a city and county adjoin, in whole or in part, the names of the inhabitants of a city shall not be placed upon the county list, nor those of a county upon the city list except in those cases in which the circuit court of the county and the circuit court of the city have concurrent jurisdiction of both civil and criminal cases arising within the territorial limits of such county or city. However, in the case of the City of Franklin and the County of Southampton, the number of jurors selected from Southampton County shall be proportionate to the number of jurors selected from the City of Franklin based upon the respective populations of the county and city.

Code 1950, § 8-208.10; 1973, c. 439; 1974, c. 369; 1977, cc. 451, 617; 1978, c. 209; 1979, c. 665; 1983, c. 107; 1984, c. 50; 1989, cc. 616, 632; 1990, c. 758; 2000, c. 828 ; 2007, cc. 450 , 720 .
Va. Code Ann. § 8.01-246 — Virginia Code / Title 8.01 / Chapter 4 / Article 3 / Section 8.01-246
Personal actions based on contracts
Status: in_force

A. Subject to the provisions of § 8.01-243 regarding injuries to person and property and of § 8.01-245 regarding the application of limitations to fiduciaries, and their bonds, actions founded upon a contract, other than actions on a judgment or decree, shall be brought within the following number of years next after the cause of action shall have accrued:

1. In actions or upon a recognizance, except recognizance of bail in a civil suit, within 10 years; and in actions or motions upon a recognizance of bail in a civil suit, within three years, omitting from the computation of such three years such time as the right to sue out such execution shall have been suspended by injunction, supersedeas or other process;

2. In actions on any contract that is not otherwise specified and that is in writing and signed by the party to be charged thereby, or by his agent, within five years whether such writing be under seal or not;

3. In actions by a partner against another for settlement of the partnership account or in actions upon accounts concerning the trade of merchandise between merchant and merchant, their factors, or servants, within five years from the cessation of the dealings in which they are interested together;

4. In actions upon (i) any contract that is not otherwise specified and that is in writing and not signed by the party to be charged, or by his agent, or (ii) any unwritten contract, express or implied, within three years.

B. In any action, including those brought by the Commonwealth, upon any contract under subdivision A 2 or 4 to collect medical debt, such an action is barred if not commenced within three years from the due date applicable to the final invoice for a health care service unless the contract with a hospital or health care provider is for a payment plan that allows for a longer period of time for the collection of debt by the hospital or health care provider. In the event of breach of a payment plan, an action is barred if not commenced within three years from the date of breach by the debtor. For the purposes of this subsection, "medical debt" means a debt arising directly from the receipt of a health care service and originally owed directly to a health care service provider. The provisions of this subsection shall not apply to medical debt arising from services paid for under programs administered by the Department of Medical Assistance Services.

C. In the case of any action to which § 8.2-725 of the Uniform Commercial Code is applicable, that section shall be controlling except that in products liability actions for injury to person and for injury to property, other than the property subject to contract, the limitation prescribed in § 8.01-243 shall apply.

Code 1950, §§ 8-13, 8-17, 8-23; 1964, c. 219; 1966, c. 118; 1977, c. 617; 2019, c. 241 ; 2024, c. 800 .
Va. Code Ann. § 8.01-490 — Virginia Code / Title 8.01 / Chapter 18 / Article 4 / Section 8.01-490
No unreasonable distress or levy; sustenance provided for livestock; removal of property
Status: in_force

Officers shall in no case make an unreasonable distress or levy. For horses, or any livestock distrained or levied on, the officer shall provide sufficient sustenance while they remain in his possession. Nothing distrained or levied on shall be removed by him out of his county or city, except that an officer distraining or levying on personal property may employ a Virginia-licensed auctioneer or auction firm, as those terms are defined in § 54.1-600 , to sell such property on behalf of the officer, and the officer may remove such property to transport such property to the site of an auction for such sale, regardless of whether such site is within or outside such officer's county or city, or unless when it is otherwise specially provided.

Code 1950, § 8-421.2; 1977, c. 617; 2022, c. 62 .
Va. Code Ann. § 8.01-41 — Virginia Code / Title 8.01 / Chapter 3 / Article 3 / Section 8.01-41
Wrongful distraint, attachment
Status: in_force

If property be distrained for any rent not due, or attached for any rent not accruing, or taken under any attachment sued out without good cause, the owner of such property may, in an action against the party suing out the warrant of distress or attachment, recover damages for the wrongful distraint, seizure, or sale.

Code 1950, § 8-651; 1977, c. 617.
Va. Code Ann. § 8.01-581.26 — Virginia Code / Title 8.01 / Chapter 21.2 / Section 8.01-581.26
Vacating orders and agreements
Status: in_force

Upon the filing of an independent action by a party, the court shall vacate a mediated agreement reached in a mediation pursuant to this chapter, or vacate an order incorporating or resulting from such agreement, where:

1. The agreement was procured by fraud or duress, or is unconscionable;

2. If property or financial matters in domestic relations cases involving divorce, property, support or the welfare of a child are in dispute, the parties failed to provide substantial full disclosure of all relevant property and financial information; or

3. There was evident partiality or misconduct by the mediator, prejudicing the rights of any party.

For purposes of this section, "misconduct" includes failure of the mediator to inform the parties at the commencement of the mediation process that: (i) the mediator does not provide legal advice, (ii) any mediated agreement may affect the legal rights of the parties, (iii) each party to the mediation has the opportunity to consult with independent legal counsel at any time and is encouraged to do so, and (iv) each party to the mediation should have any draft agreement reviewed by independent counsel prior to signing the agreement.

2002, c. 718 .
Va. Code Ann. § 8.01-535 — Virginia Code / Title 8.01 / Chapter 20 / Article 1 / Section 8.01-535
Jurisdiction of attachments; trial or hearing of issues
Status: in_force

Except as provided in § 16.1-77 the jurisdiction of attachments under this chapter shall be in the circuit courts. The trial or hearing of the issues, except as otherwise provided, shall be the same, as near as may be, as in actions in personam.

Code 1950, § 8-521; 1954, c. 333; 1977, c. 617.
Va. Code Ann. § 8.01-691 — Virginia Code / Title 8.01 / Chapter 27 / Section 8.01-691
Payment of filing fees and costs by prisoners; when in forma pauperis status granted
Status: in_force

A prisoner seeking in forma pauperis status shall provide the court with a certified copy of his inmate trust account for the preceding twelve months. Any prisoner granted leave to proceed in forma pauperis shall nonetheless make payments, in equal installments as the court directs, towards satisfaction of the filing fee and costs. If the court determines the prisoner has had no deposits in his inmate trust account for the preceding six months, the court shall permit the prisoner to proceed without paying the filing fee and costs. However, the filing fee and costs shall be taxed as costs at the end of the case. Any prisoner failing to make any payment when due shall have his case dismissed without prejudice.

2002, c. 871 .
Va. Code Ann. § 8.01-465.3 — Virginia Code / Title 8.01 / Chapter 17.1 / Section 8.01-465.3
Notice of filing
Status: in_force

At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor.

Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in the Commonwealth. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.

1988, c. 539.
Va. Code Ann. § 8.01-131 — Virginia Code / Title 8.01 / Chapter 3 / Article 14 / Section 8.01-131
Action of ejectment retained; when and by whom brought
Status: in_force

A. The action of ejectment is retained, subject to the provisions hereinafter contained, and to the applicable Rules of Court.

B. Such action may be brought in the same cases in which a writ of right might have been brought prior to the first day of July, 1850, and by any person claiming real estate in fee or for life or for years, either as heir, devisee or purchaser, or otherwise.

Code 1950, §§ 8-796, 8-797; 1954, c. 333; 1977, c. 617.
Va. Code Ann. § 8.01-247 — Virginia Code / Title 8.01 / Chapter 4 / Article 3 / Section 8.01-247
When action on contract governed by the law of another state or country barred in Virginia
Status: in_force

No action shall be maintained on any contract which is governed by the law of another state or country if the right of action thereon is barred either by the laws of such state or country or of this Commonwealth.

Code 1950, § 8-23; 1977, c. 617.
Va. Code Ann. § 8.01-384.1:1 — Virginia Code / Title 8.01 / Chapter 13 / Section 8.01-384.1:1
Interpreters for non-English-speaking persons in civil cases
Status: in_force

A. In any trial, hearing or other proceeding before a judge in a civil case in which a non-English-speaking person is a party or witness, an interpreter for the non-English-speaking person may be appointed by the court. A qualified English-speaking person fluent in the language of the non-English-speaking person may be appointed by the judge of the court in which the case is to be heard unless the non-English-speaking person shall obtain a qualified interpreter of his own choosing who is approved by the court as being competent.

B. To the extent of available appropriations, the compensation of such interpreter shall be fixed by the court in accordance with guidelines set by the Judicial Council of Virginia and shall be paid from the general fund of the state treasury as part of the expense of trial. The amount allowed by the court to the interpreter may, in the discretion of the court, be assessed against either party as a part of the cost of the case and, if collected, the same shall be paid to the Commonwealth.

C. Whenever a person communicates through an interpreter to any person under such circumstances that the communications would be privileged, and such persons could not be compelled to testify as to the communications, this privilege shall also apply to the interpreter. The provisions of this section shall apply in circuit courts and district courts.

1996, c. 559 ; 2003, c. 1011 .
Va. Code Ann. § 8.01-114 — Virginia Code / Title 8.01 / Chapter 3 / Article 12 / Section 8.01-114
When property to be taken by officer; summary of evidence, affidavits and report to be filed
Status: in_force

A. A proceeding in detinue to recover personal property unlawfully withheld from the plaintiff may be brought on a warrant or motion for judgment if pretrial seizure is not sought at the time of filing.

A petition in detinue for pretrial seizure pursuant to this article may be filed either to commence the detinue proceeding or may be filed during the pendency of a detinue proceeding which commenced on a warrant or motion for judgment. If a petition is filed, it shall:

1. Describe the kind, quantity and estimated fair market value of the specific personal property as to which plaintiff seeks possession;

2. Describe the basis of the plaintiff's claim of entitlement to recover the property, with such certainty as will give the adverse party reasonable notice of the true nature of the claim and the particulars thereof and, if based on a contract to secure the payment of money, the amount due on such contract; and

3. Allege one or more of the grounds mentioned in § 8.01-534 and set forth specific facts in support of such allegation. Further, if a petition is filed, a judge, or a magistrate appointed pursuant to Article 3 (§ 19.2-33 et seq.) of Chapter 3 of Title 19.2, may issue an order or other process directed to the sheriff or other proper officer, as the case may be, commanding him to seize the property for the recovery of which such action or warrant is brought, or a specified portion thereof, and deliver same to the plaintiff pendente lite under the circumstances hereinafter set forth.

B. The judge or the magistrate may issue such an order or other process in accordance with the prayer of the petition after an ex parte review of the petition only upon a determination that: (i) the petition conforms with subsection A and (ii) there is reasonable cause to believe that the grounds for detinue seizure described in the petition exist. The plaintiff praying for an order shall, at the time that he files his petition, pay the proper costs, fees and taxes, and in the event of his failure to do so, the order shall not be issued.

C. The judge or magistrate, as the case may be, may receive evidence only in the form of a sworn petition which shall be filed with the papers in the cause.

D. The order commanding the seizure of property shall be issued and served together with the form for requesting a hearing on a claim of exemption from seizure as provided in § 8.01-546.1 . The order shall be issued and returned as provided in § 8.01-541 and may be issued or executed on any day, including a Saturday, Sunday or other legal holiday. Service shall be in accordance with the methods described in § 8.01-487.1 . The provisions of § 8.01-546.2 shall govern claims for exemption.

Code 1950, § 8-586; 1973, c. 408; 1974, c. 122; 1977, c. 617; 1978, c. 403; 1986, c. 341; 1993, c. 841.
Va. Code Ann. § 8.01-622.2 — Virginia Code / Title 8.01 / Chapter 24 / Section 8.01-622.2
Injunction against disclosure of criminal investigative file materials under the Virginia Freedom of Information Act
Status: in_force

Except with respect to the disclosure of records under subdivision D 4 or clause (i) of subdivision D 5 of § 2.2-3706.1 , an injunction may be awarded to prevent the disclosure of records related to criminal investigative files requested under § 2.2-3706.1 of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

In making its determination, a court shall consider the following and shall enter its findings on the record:

1. Whether disclosure of the public records would constitute an unreasonable invasion of personal privacy;

2. Whether disclosure of the public records would endanger the life or physical safety of any individual;

3. Whether disclosure of the public records would subject (i) the victim; (ii) the victim's immediate family members as set forth in § 2.2-3706.1 , if the victim is deceased and the immediate family member is not a person of interest or a suspect in the criminal investigation or proceeding; or (iii) the parent or guardian of the victim, if the victim is a minor and the parent or guardian is not a person of interest or a suspect in the criminal investigation or proceeding, to severe mental or emotional distress; and

4. Any other factor or information deemed by the court to be relevant.

2022, c. 386 ; 2024, c. 582 .
Va. Code Ann. § 8.01-522 — Virginia Code / Title 8.01 / Chapter 18 / Article 7 / Section 8.01-522
Wages and salaries of State employees
Status: in_force

Unless otherwise exempted, the wages and salaries of all employees of this Commonwealth, other than State officers, shall be subject to garnishment or execution upon any judgment rendered against them. Whenever the salary or wages of such employees as above mentioned shall be garnished under this section, the process shall be such as is usual in other cases of garnishment and shall be served on the judgment debtor and on the officer or supervisor who is head of the department, agency, or institution where the employee is employed, or other officer through whom the judgment debtor's salary or wages is paid, provided that process shall not be served upon the State Treasurer or the State Comptroller except as to employees of their respective departments, and upon such service the officer or supervisor shall, on or before the return day of process, transmit to the clerk of the court issuing the process a certificate showing the amount due from the Commonwealth to such judgment debtor, up to the return day of the process, which amount the officer or supervisor shall hold subject to order of the court issuing the process. Such certificate shall be evidence of all facts therein stated, unless the court direct that the deposition of the officer or supervisor, or such other officer through whom the judgment debtor's salary or wages be paid, be taken, in which event the deposition of the officer or supervisor shall be taken in his office and returned to the clerk of the court in which the garnishment is, just as other depositions are returned, and in no such case shall the officer or supervisor be required to leave his office to testify. In all proceedings under this section, if the judgment be for the plaintiff, the amount found to be due the judgment debtor by the Commonwealth shall be paid as directed by the court.

Code 1950, § 8-449.1; 1958, c. 430; 1973, c. 236; 1977, c. 617.
Va. Code Ann. § 8.01-456 — Virginia Code / Title 8.01 / Chapter 17 / Article 6 / Section 8.01-456
Satisfaction of judgment when judgment creditor cannot be located
Status: in_force

Whenever a judgment debtor or anyone for him or any party liable on the judgment wishes to pay off and discharge a judgment, of record in any clerk's office in this Commonwealth, when the judgment creditor cannot be located, he may do so by paying into the court having jurisdiction over such judgment an amount sufficient to pay the principal, interest, and all costs due thereupon, together with the cost of entering necessary orders, and other service attendant upon the proceeding herein provided for, and satisfaction upon such judgment. Upon such payment, the court, by an order entered of record shall direct the clerk to deposit the same at interest in any bank which is a member of the Federal Deposit Insurance Corporation and is designated in such order; to file evidence of such deposit in the office of the clerk in an appropriate file and shall be payable to the court entering the order for the benefit of the judgment creditor; and to enter upon the judgment docket, where the judgment is docketed, the date of such deposit, the date of the entry of the order of the court receiving same, referring to the number and page of the order book in which it is entered.

The judgment creditor or his attorney may have the money, so paid, to which he is entitled, upon application to the court therefor whenever it may appear to the court that it should be paid to him.

From and after the time of such payment, into the court, as aforesaid, the property of the defendant shall be free and clear of any lien created by any such judgment, or any execution issued thereupon.

Code 1950, § 8-384; 1977, c. 617.
Va. Code Ann. § 8.01-465.13:5 — Virginia Code / Title 8.01 / Chapter 17.2 / Section 8.01-465.13:5
Procedure for recognition of foreign-country judgment
Status: in_force

A. If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment.

B. If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense.

2014, c. 462 .
Va. Code Ann. § 8.01-407 — Virginia Code / Title 8.01 / Chapter 14 / Article 5 / Section 8.01-407
How summons for witness issued and to whom directed; how witness released from subpoena; prior permission of court to summon certain officials and judges
Status: in_force

A. A summons may be issued, directed as prescribed in § 8.01-292 , commanding the officer to summon any person to attend on the day and at the place that such attendance is desired, to give evidence before a court, grand jury, arbitrators, magistrate, notary, or any commissioner or other person appointed by a court or acting under its process or authority in a judicial or quasi-judicial capacity. The summons may be issued by the clerk of the court if the attendance is desired at a court or in a proceeding pending in a court. The clerk shall not impose any time restrictions limiting the right to properly request a summons up to and including the date of the proceeding:

If attendance is desired before a commissioner in chancery or other commissioner of a court, the summons may be issued by the clerk of the court in which the matter is pending, or by such commissioner in chancery or other commissioner;

If attendance is desired before a notary or other officer taking a deposition, the summons may be issued by such notary or other officer at the instance of the attorney desiring the attendance of the person sought;

If attendance is sought before a grand jury, the summons may be issued by the attorney for the Commonwealth, or the clerk of the court, at the instance of the attorney for the Commonwealth.

Except as otherwise provided in this subsection, if attendance is desired in a civil proceeding pending in a court or at a deposition in connection with such proceeding, including medical malpractice review panels, and a claim before the Workers' Compensation Commission, a summons may be issued by an attorney-at-law who is an active member of the Virginia State Bar at the time of issuance, as an officer of the court. An attorney-issued summons shall be on a form approved by the Supreme Court, signed by the attorney and shall include the attorney's address. The summons and any transmittal sheet shall be deemed to be a pleading to which the provisions of § 8.01-271.1 shall apply. A copy of the summons and, if served by a sheriff, all service of process fees, shall be mailed or delivered to the clerk's office of the court in which the case is pending or the Workers' Compensation Commission, as applicable, on the day of issuance by the attorney. The law governing summonses issued by a clerk shall apply mutatis mutandis. When an attorney-at-law who is an active member of the Virginia State Bar transmits one or more attorney-issued subpoenas to a sheriff to be served in his jurisdiction, such subpoenas shall be accompanied by a transmittal sheet. The transmittal sheet, which may be in the form of a letter, shall contain for each subpoena (i) the person to be served, (ii) the name of the city or county in which the subpoena is to be served, in parentheses, (iii) the style of the case in which the subpoena was issued, (iv) the court in which the case is pending, and (v) the amount of fees tendered or paid to each clerk in whose court the case is pending together with a photocopy of either (a) the payment instrument and a photocopy of the letter sent to the clerk's office that accompanied such payment instrument or (b) the clerk's receipt. If copies of the same transmittal sheet are used to send subpoenas to more than one sheriff for service of process, then subpoenas shall be grouped by the jurisdiction in which they are to be served. For each person to be served, an original subpoena and copy thereof shall be included. If the attorney desires a return copy of the transmittal sheet as proof of receipt, he shall also enclose an additional copy of the transmittal sheet together with an envelope addressed to the attorney with sufficient first class postage affixed. Upon receipt of such transmittal, the transmittal sheet shall be date-stamped and, if the extra copy and above-described envelope are provided, the copy shall also be date-stamped and returned to the attorney-at-law in the above-described envelope.

However, when such transmittal does not comply with the provisions of this section, the sheriff may promptly return such transmittal if accompanied by a short description of such noncompliance. An attorney may not issue a summons in any of the following civil proceedings: (1) habeas corpus under Article 3 (§ 8.01-654 et seq.) of Chapter 25, (2) delinquency or abuse and neglect proceedings under Article 3 (§ 16.1-241 et seq.) of Chapter 11 of Title 16.1, (3) civil forfeiture proceedings, (4) administrative license suspension pursuant to § 46.2-391.2 , and (5) petition for writs of mandamus or prohibition in connection with criminal proceedings. A sheriff shall not be required to serve an attorney-issued subpoena that is not issued at least five business days prior to the date that attendance is desired.

In other cases, if attendance is desired, the summons may be issued by the clerk of the circuit court of the county or city in which the attendance is desired.

A summons shall express on whose behalf, and in what case or about what matter, the witness is to attend. Failure to respond to any such summons shall be punishable by the court in which the proceeding is pending as for contempt. When any subpoena is served less than five calendar days before appearance is required, the court may, after considering all of the circumstances, refuse to enforce the subpoena for lack of adequate notice. If any subpoena is served less than five calendar days before appearance is required upon any judicial officer generally incompetent to testify pursuant to § 19.2-271 , such subpoena shall be without legal force or effect unless the subpoena has been issued by a judge.

Following the issuance of a subpoena issued at the request of a party or by or at the request of an attorney representing a party, the person to whom such subpoena is directed may be released from compliance with such subpoena by any attorney for the party on whose behalf the subpoena was issued, by a party requesting the subpoena, or by a person acting on behalf of such attorney, provided that, in civil cases only, notwithstanding § 19.2-267 , such release is in writing and served concurrently on all other parties, or, if any such party is represented by counsel, on the attorney of record, by electronic mail, notwithstanding the requirements of Rule 1:12 of the Rules of Supreme Court of Virginia. A copy of such written release shall also be sent to the clerk of the court via fax or, if available, through the clerk's electronic filing system. For purposes of this paragraph, (A) a release transmitted by electronic mail to the person to whom such subpoena was directed qualifies as a written release from such subpoena and (B) a copy of such written release shall be served contemporaneously on all other parties by electronic mail.

B. No subpoena shall, without permission of the court first obtained, issue for the attendance of the Governor, Lieutenant Governor, or Attorney General of the Commonwealth, a judge of any court thereof; the President or Vice President of the United States; any member of the President's Cabinet; any ambassador or consul; or any military officer on active duty holding the rank of admiral or general.

Code 1950, §§ 8-296, 8-297; 1952, c. 122; 1977, c. 617; 1992, c. 506; 2000, c. 813 ; 2002, c. 463 ; 2004, c. 335 ; 2007, c. 199 ; 2010, cc. 302 , 486 ; 2016, c. 173 ; 2019, c. 519 ; 2021, Sp. Sess. I, c. 463 ; 2023, c. 92 ; 2024, c. 487 .
Va. Code Ann. § 8.01-297 — Virginia Code / Title 8.01 / Chapter 8 / Article 4 / Section 8.01-297
Process on convict defendant
Status: in_force

In all actions against one who has been convicted of a felony and is confined in a local or regional jail or State correctional institution, process shall be served on such convict and, subject to § 8.01-9 , a guardian ad litem shall be appointed for him. Such service may be effected by delivery to the officer in charge of such jail or institution whose duty it shall be to deliver forthwith such process to the convict.

Code 1950, § 8-55; 1954, c. 543; 1977, c. 617.
Va. Code Ann. § 8.01-694 — Virginia Code / Title 8.01 / Chapter 27 / Section 8.01-694
Service of process; time for response
Status: in_force

In any action in which any defendant is the Commonwealth or one of its officers, employees, or agents, upon the grant of in forma pauperis status or receipt of the filing fee and costs, the court shall serve the Office of the Attorney General with a copy of the motion for judgment and all necessary supporting papers. The Office of the Attorney General shall have no fewer than thirty days from receipt in which to file responsive pleadings. The prisoner's failure to state his claims in a written motion for judgment plainly stating facts sufficient to support his cause of action, accompanied by all necessary supporting documentation, may be grounds for dismissal of the action.

2002, c. 871 ; 2009, c. 372 .
Va. Code Ann. § 8.01-216.15 — Virginia Code / Title 8.01 / Chapter 3 / Article 19.1 / Section 8.01-216.15
Civil investigative demands; interrogatories
Status: in_force

Each inquiry in a civil investigative demand served under this article shall be answered separately and fully in writing under oath and shall be submitted under a sworn certificate, in such form as the demand designates, by (i) in the case of a natural person, the person to whom the demand is directed, or (ii) in the case of a person other than a natural person, the person or persons responsible for answering each inquiry. If any inquiry is objected to, the reasons for the objection shall be stated in the certificate instead of an answer. The certificate shall state that all information required by the demand and in the possession, custody, control, or knowledge of the person to whom the demand is directed has been submitted. To the extent that any information is not furnished, the information shall be identified and reasons set forth with particularity regarding the reasons why the information was not furnished.

2002, c. 842 .
Va. Code Ann. § 8.01-413.02 — Virginia Code / Title 8.01 / Chapter 14 / Article 7 / Section 8.01-413.02
Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment
Status: in_force

A. Notwithstanding any other provision of law, the written reports or records of blood alcohol tests conducted upon persons receiving medical treatment in a hospital or emergency room are admissible in evidence as a business records exception to the hearsay rule in any civil proceeding.

B. The provisions of law pertaining to confidentiality of medical records and medical treatment shall not be applicable to reports or records of blood alcohol tests sought or admitted as evidence under the provisions of this section. Owners or custodians of such reports or records may disclose them, in accordance with regulations concerning patient privacy promulgated by the U.S. Department of Health and Human Services, without obtaining consent or authorization for such disclosure. No person who is involved in taking blood or conducting blood alcohol tests shall be liable for civil damages for breach of confidentiality or unauthorized release of medical records because of the evidentiary use of blood alcohol test results under this section, or as a result of that person's testimony given pursuant to this section.

2005, c. 801 .
Va. Code Ann. § 8.01-446 — Virginia Code / Title 8.01 / Chapter 17 / Article 5 / Section 8.01-446
Clerks to keep judgment dockets; what judgments to be docketed therein
Status: in_force

The clerk of each court of every circuit shall keep in his office, in a well-bound book, or by microphotographic or electronic process allowed by § 17.1-240 , a judgment docket, in which he shall docket, without delay, any judgment for a specific amount of money rendered in his court, and shall likewise docket without delay any judgment for a specific amount of money rendered in this Commonwealth by any other court of this Commonwealth or federal court, when he shall be required so to do by any person interested, on such person delivering to him an authenticated legible abstract of it and also upon the request of any person interested therein, any such judgment rendered by a district court judge whose book has been filed in his office under the provisions of Title 16.1 or of which a legible abstract is delivered to him certified by the district court judge who rendered it; provided, that judgments docketed in the clerk's office of the Circuit Court of the City of Williamsburg and the County of James City shall be docketed and indexed in one book. A specific judgment for money shall state that it is a judgment for money in a specific amount in favor of a named party, against a named party, with that party's address, if known, and it shall further state the time from which the judgment bears interest. An order of restitution docketed pursuant to § 19.2-305.2 shall have the same force and effect as a specific judgment for money and shall state that it is an order of restitution in a specific amount in favor of a named party, against a named party, with that party's address, if known, and it shall further state the time from which the judgment bears interest. If the clerk determines that an abstract is not legible, the clerk shall refuse to record it and shall return it to the person who tendered the abstract for recording. No judgment for assessments described in subsection A of § 17.1-275.5 or for the fees provided for by § 17.1-275.1 , 17.1-275.2 , 17.1-275.3 , 17.1-275.4 , 17.1-275.7 , 17.1-275.8 , 17.1-275.9 , 17.1-275.10 , 17.1-275.11 , 17.1-275.11:1 , or 17.1-275.12 or for all other fines and costs shall be recorded as a judgment in favor of the Commonwealth if such fees, assessments, fines, or costs have been fully paid by the defendant by the date of sentencing by the court.

Code 1950, § 8-373; 1952, c. 438; 1962, c. 568; 1973, c. 544; 1975, cc. 182, 575; 1977, c. 617; 1993, c. 412; 1994, c. 538 ; 1995, c. 434 ; 1997, c. 579 ; 2008, cc. 823 , 833 ; 2013, c. 263 ; 2015, c. 641 .
Va. Code Ann. § 8.01-412.11 — Virginia Code / Title 8.01 / Chapter 14 / Article 6.2 / Section 8.01-412.11
Service of subpoena
Status: in_force

A subpoena issued by a clerk of court under this article shall be served in compliance with the applicable statutes of the Commonwealth for service of a subpoena.

2009, c. 701 .
Va. Code Ann. § 8.01-581.25 — Virginia Code / Title 8.01 / Chapter 21.2 / Section 8.01-581.25
Effect of written settlement agreement
Status: in_force

If the parties reach a settlement and execute a written agreement disposing of the dispute, the agreement is enforceable in the same manner as any other written contract. If the mediation involves a case that is filed in court, upon request of all parties and consistent with law and public policy, the court shall incorporate the written agreement into the terms of its final decree disposing of a case. In cases in which the dispute involves support for the minor children of the parties, an order incorporating a written agreement shall also include the child support guidelines worksheet and, if applicable, the written reasons for any deviation from the guidelines. The child support guidelines worksheet shall be attached to the order.

2002, c. 718 .
Va. Code Ann. § 8.01-447 — Virginia Code / Title 8.01 / Chapter 17 / Article 5 / Section 8.01-447
Docketing of judgments and decrees of United States courts
Status: in_force

Judgments and decrees rendered in the circuit court of appeals or a district court of the United States within this Commonwealth may be docketed and indexed in the clerks' offices of courts of this Commonwealth in the same manner and under the same rules and requirements of law as judgments and decrees of courts in this Commonwealth.

Code 1950, § 8-375; 1977, c. 617.
Va. Code Ann. § 8.01-577 — Virginia Code / Title 8.01 / Chapter 21 / Article 1 / Section 8.01-577
Submission of controversy; agreement to arbitrate; condition precedent to action
Status: in_force

A. Persons desiring to end any controversy, whether there is a suit pending therefor or not, may submit the same to arbitration, and agree that such submission may be entered of record in any circuit court or entered by order of any general district court. Upon proof of such agreement out of court, or by consent of the parties given in court in person or by counsel, it shall be entered in the proceedings of such court. Thereupon a rule shall be made that the parties shall submit to the award which shall be made in accordance with such agreement and the provisions of this chapter.

B. Neither party shall have the right to revoke an agreement to arbitrate except on a ground which would be good for revoking or annulling other agreements. Submission of any claim or controversy to arbitration pursuant to such agreement shall be a condition precedent to institution of suit or action thereon, and the agreement to arbitrate shall be enforceable, unless the agreement also provides that submission to arbitration shall not be a condition precedent to suit or action.

Code 1950, § 8-503; 1968, c. 244; 1977, c. 617; 1983, c. 485; 1986, c. 614; 2016, c. 181 .
Va. Code Ann. § 8.01-167 — Virginia Code / Title 8.01 / Chapter 3 / Article 15 / Section 8.01-167
How damages of plaintiff assessed
Status: in_force

The jury, in assessing such damages, either under this article or under Article 14 (§ 8.01-131 et seq.) of this chapter, shall determine the annual value of the premises during the time the defendant was in possession thereof, exclusive of the use by the tenant of the improvements thereon made by himself or those under whom he claims, and also the damages for waste or other injury to the premises committed by the defendant.

Code 1950, § 8-843; 1977, c. 617.
Va. Code Ann. § 8.01-618 — Virginia Code / Title 8.01 / Chapter 23 / Section 8.01-618
Reports of such settlements; when new bond required
Status: in_force

The court shall examine the reports required by § 8.01-617 , when the same are made to it; and, if satisfied of the correctness thereof, shall order them to be recorded. If it appears from the report of the commissioner that any bond of a receiver, or any bond or other security given by any person to whom money has been loaned under its order, is insufficient, the court shall order additional security to be given, or a new bond to be executed before it, in such penalty as may seem right, and with sufficient sureties. But the execution of such new bond shall not discharge the sureties in any prior bond for their liability for acts of the principal obligor done previous to the execution of such new bond.

Code 1950, § 8-260; 1977, c. 617.
Va. Code Ann. § 8.01-40.1 — Virginia Code / Title 8.01 / Chapter 3 / Article 3 / Section 8.01-40.1
Action for injury resulting from violation of Computer Crimes Act; limitations
Status: in_force

Any person whose property or person is injured by reason of a violation of the provisions of the Virginia Computer Crimes Act (§ 18.2-152.1 et seq.) may sue and recover damages as provided in § 18.2-152.12 . An action shall be commenced before the earlier of (i) five years after the last act in the course of conduct constituting a violation of the Computer Crimes Act or (ii) two years after the plaintiff discovers or reasonably should have discovered the last act in the course of conduct constituting a violation of the Computer Crimes Act.

1985, c. 92.
Va. Code Ann. § 8.01-518 — Virginia Code / Title 8.01 / Chapter 18 / Article 7 / Section 8.01-518
When garnishee is personal representative of decedent
Status: in_force

If the person so summoned be the personal representative of a decedent, he shall answer in writing whether or not there is in his hands in his fiduciary capacity, any sum of money owing to the judgment debtor, and if so, the amount thereof, if the same has been definitely determined, and when it will be payable by him; and if such amount has not been definitely ascertained, the court shall continue the case, with direction to him to thereafter, and as soon as such amount has been definitely determined, report the same to the court, and say when it will be payable by him. In either event, and when the amount so owing to the judgment debtor has been definitely fixed and determined, the court shall direct the disposition of such fund to the creditor of such other person or persons according as their rights may be determined.

Code 1950, § 8-446; 1977, c. 617.
Va. Code Ann. § 8.01-93 — Virginia Code / Title 8.01 / Chapter 3 / Article 9 / Section 8.01-93
Partition of goods, etc., by sale, if necessary
Status: in_force

When an equal division of goods or chattels cannot be made in kind among those entitled, a court of equity may direct the sale of the same, and the distribution of the proceeds according to the rights of the parties.

Code 1950, § 8-702; 1977, c. 617.
Va. Code Ann. § 8.01-387 — Virginia Code / Title 8.01 / Chapter 14 / Article 1 / Section 8.01-387
Notice by courts and officers of signatures of judges and Governor
Status: in_force

All courts and officers shall take notice of the signature of any of the judges, or of the Governor of this Commonwealth, to any judicial or official document.

Code 1950, § 8-274; 1977, c. 617.
Va. Code Ann. § 8.01-87 — Virginia Code / Title 8.01 / Chapter 3 / Article 9 / Section 8.01-87
Validation of certain partitions prior to act of 1922
Status: in_force

All partitions heretofore had, when the proceedings conformed to the law as it existed prior to the amendment of § 5281 of the Code of 1919 by an act approved March 27, 1922, although they did not conform to such section as it read under the amendment of 1922, as aforesaid, are hereby validated; but nothing in this validating section shall be construed as intended to affect vested rights.

Code 1950, § 8-696; 1977, c. 617.
Va. Code Ann. § 8.01-581.19 — Virginia Code / Title 8.01 / Chapter 21.1 / Article 2 / Section 8.01-581.19
Civil immunity for physicians, psychologists, podiatrists, optometrists, veterinarians, nursing home administrators, and certified emergency medical services providers while members of certain committees
Status: in_force

A. Any physician, chiropractor, psychologist, podiatrist, veterinarian, or optometrist licensed to practice in the Commonwealth shall be immune from civil liability for any communication, finding, opinion, or conclusion made in performance of his duties while serving as a member of any committee, board, group, commission, or other entity that is responsible for resolving questions concerning the admission of any physician, psychologist, podiatrist, veterinarian, or optometrist to, or the taking of disciplinary action against any member of, any medical society, academy, or association affiliated with the American Medical Association, the Virginia Academy of Clinical Psychologists, the American Psychological Association, the Virginia Applied Psychology Academy, the Virginia Academy of School Psychologists, the American Podiatric Medical Association, the American Veterinary Medical Association, the International Chiropractic Association, the American Chiropractic Association, the Virginia Chiropractic Association, or the American Optometric Association, provided that such communication, finding, opinion, or conclusion is not made in bad faith or with malicious intent.

B. Any nursing home administrator licensed under the laws of the Commonwealth shall be immune from civil liability for any communication, finding, opinion, decision, or conclusion made in performance of his duties while serving as a member of any committee, board, group, commission, or other entity that is responsible for resolving questions concerning the admission of any health care facility to, or the taking of disciplinary action against any member of, the Virginia Health Care Association, provided that such communication, finding, opinion, decision, or conclusion is not made in bad faith or with malicious intent.

C. Any emergency medical services provider who holds a valid certificate issued by the Commissioner of Health shall be immune from civil liability for any communication, finding, opinion, decision, or conclusion made in performance of his duties while serving as a member of any regional council, committee, board, group, commission, or other entity that is responsible for resolving questions concerning the quality of care, including triage, interfacility transfer, and other components of emergency medical services care, unless such communication, finding, opinion, decision, or conclusion is made in bad faith or with malicious intent.

1978, c. 541; 1987, c. 713; 1989, c. 729; 1993, c. 702; 1996, cc. 937 , 980 ; 2006, c. 412 ; 2015, cc. 502 , 503 .
Va. Code Ann. § 8.01-406 — Virginia Code / Title 8.01 / Chapter 14 / Article 4 / Section 8.01-406
Interpreters; recording testimony of deaf witness (Supreme Court Rule 2:604 derived from this section)
Status: in_force

Interpreters shall be sworn truly so to do. In any judicial proceeding, the judge on his own motion or on the motion of a party to the proceeding may order all of the testimony of a deaf individual and the interpretation thereof to be visually electronically recorded for use in verification of the official transcript of the proceedings.

Code 1950, § 8-295; 1977, c. 617; 1978, c. 601.
Va. Code Ann. § 8.01-62 — Virginia Code / Title 8.01 / Chapter 3 / Article 6 / Section 8.01-62
Action may embrace liability under both State and federal acts
Status: in_force

The motion for judgment or other pleading in any such action may embrace a cause of action growing out of any statute of the United States or this Commonwealth for such injury or death, without being demurrable on this account, and without the plaintiff being required to elect under which statute he claims. Sections 8.01-57 through 8.01-61 shall not apply to electric railways operated wholly within this Commonwealth.

Code 1950, § 8-646; 1954, c. 614; 1977, c. 617.
Va. Code Ann. § 8.01-644.1 — Virginia Code / Title 8.01 / Chapter 25 / Article 2 / Section 8.01-644.1
Limitations of actions for petition for mandamus
Status: in_force

A petition for extraordinary writ of mandamus, filed by or on behalf of a person confined in a state correctional facility, shall be brought within one year after the cause of action accrues.

1998, c. 596 .
Va. Code Ann. § 8.01-182 — Virginia Code / Title 8.01 / Chapter 3 / Article 16 / Section 8.01-182
Claims to rents, etc., not considered
Status: in_force

In a proceeding under this article, no claim of the plaintiff for rents, profits or damages shall be considered.

Code 1950, § 8-839; 1977, c. 617.
Va. Code Ann. § 8.01-418.1 — Virginia Code / Title 8.01 / Chapter 14 / Article 9 / Section 8.01-418.1
Evidence of subsequent measures taken not admissible to prove negligence (Supreme Court Rule 2:407 derived from this section)
Status: in_force

When, after the occurrence of an event, measures are taken which, if taken prior to the event would have made the event less likely to occur, evidence of such subsequently taken measures is not admissible to prove negligence or culpable conduct as a cause of the occurrence of the event; provided, that evidence of subsequent measures taken shall not be required to be excluded when offered for another purpose for which it may be admissible, including, but not limited to, proof of ownership, control, feasibility of precautionary measures if controverted, or for impeachment.

1978, c. 165.
Va. Code Ann. § 8.01-234 — Virginia Code / Title 8.01 / Chapter 4 / Article 1 / Section 8.01-234
Repeal of limitation not to remove bar of statute
Status: in_force

If, after a right of action or remedy is barred by a statute of limitations, the statute be repealed, the bar of the statute as to such right or remedy shall not be deemed to be removed by such repeal.

Code 1950, § 8-36; 1977, c. 617.
Va. Code Ann. § 8.01-305 — Virginia Code / Title 8.01 / Chapter 8 / Article 4 / Section 8.01-305
Process against unincorporated associations or orders, or unincorporated common carriers
Status: in_force

Subject to § 8.01-286.1 , process against an unincorporated (i) association, (ii) order, or (iii) common carrier, may be served on any officer, trustee, director, staff member or other agent.

Code 1950, §§ 8-66, 8-67; 1962, c. 250; 1977, c. 617; 2005, c. 866 .
Va. Code Ann. § 8.01-328 — Virginia Code / Title 8.01 / Chapter 9 / Section 8.01-328
Person defined
Status: in_force

As used in this chapter, "person" includes an individual, his executor, administrator, or other personal representative, or a corporation, partnership, association or any other legal or commercial entity, whether or not a citizen or domiciliary of this Commonwealth and whether or not organized under the laws of this Commonwealth.

Code 1950, § 8-81.1; 1964, c. 331; 1977, c. 617.
Va. Code Ann. § 8.01-616 — Virginia Code / Title 8.01 / Chapter 23 / Section 8.01-616
Delivery of original papers of suit by clerk to commissioner
Status: in_force

The clerk of a court shall, upon the request of any commissioner in chancery who has before him for execution an order made in such action, deliver to him the original papers thereof; and it shall not be necessary for the clerk to copy such papers, nor shall he charge any fee for copies of any of them, unless the same be specially ordered. The commissioner to whom such papers may be delivered, shall give his receipt therefor, and return the papers as speedily as possible to the office of the clerk of the court.

Code 1950, § 8-258; 1977, c. 617.
Va. Code Ann. § 8.01-384 — Virginia Code / Title 8.01 / Chapter 13 / Section 8.01-384
Formal exceptions to rulings or orders of court unnecessary; motion for new trial unnecessary in certain cases
Status: in_force

A. Formal exceptions to rulings or orders of the court shall be unnecessary; but for all purposes for which an exception has heretofore been necessary, it shall be sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take or his objections to the action of the court and his grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection shall not thereafter prejudice him on motion for a new trial or on appeal. No party, after having made an objection or motion known to the court, shall be required to (i) make such objection or motion again in order to preserve his right to appeal, challenge, or move for reconsideration of, a ruling, order, or action of the court or (ii) move for reconsideration in order to preserve his right to appeal a ruling, order, or action of the court, even if such ruling, order, or action is without prejudice to a motion to reconsider. No party shall be deemed to have agreed to, or acquiesced in, any written order of a trial court so as to forfeit his right to contest such order on appeal except by express written agreement in his endorsement of the order. Arguments made at trial via written pleading, memorandum, recital of objections in a final order, oral argument reduced to transcript, or agreed written statements of facts shall, unless expressly withdrawn or waived, be deemed preserved therein for assertion on appeal.

B. The failure to make a motion for a new trial in any case in which an appeal, writ of error, or supersedeas lies to or from a higher court shall not be deemed a waiver of any objection made during the trial if such objection be properly made a part of the record.

Code 1950, §§ 8-225, 8-225.1; 1970, c. 558; 1977, c. 617; 1992, c. 564; 2024, c. 57 .
Va. Code Ann. § 8.01-210 — Virginia Code / Title 8.01 / Chapter 3 / Article 19 / Section 8.01-210
Judgment against deceased obligors
Status: in_force

A judgment may be obtained against the survivors of a deceased obligor of a bond taken under the provisions of § 8.01-206 by an action at law against the personal representative of such obligor.

Code 1950, § 8-773; 1954, c. 550; 1977, c. 617.
Va. Code Ann. § 8.01-465.28 — Virginia Code / Title 8.01 / Chapter 17.4 / Section 8.01-465.28
(Effective July 1, 2027) Complaint requirements
Status: in_force

A. A default judgment in an action to which this chapter applies shall be entered only if the complaint or amended complaint complies with the provisions of this section and includes the notice required pursuant to § 8.01-465.29 .

B. The complaint or amended complaint shall state:

1. Each name and address of the consumer in the records of the creditor at the time of charge off or, if the consumer debt was not charged off, at the time of default;

2. The name of the creditor, including any merchant brand, affinity brand, or facility name associated with the consumer debt;

3. At least the last four digits of the account number or other account identifier used in communicating with the consumer before charge off or, if the consumer debt was not charged off, before default;

4. The date and amount of the last payment;

5. The date of charge off or, if the consumer debt was not charged off, the date of default;

6. The amount of the outstanding balance;

7. The amount of the judgment sought by the plaintiff, itemizing the outstanding balance and any of the following amounts not included in the outstanding balance (i) total finance charges, (ii) total fees or costs, (iii) total attorney fees, and (iv) total credits and payments;

8. A statement as to whether the amount of the judgment may increase due to accrued interest, fees, or other charges;

9. The authority of the plaintiff to bring the action;

10. Facts sufficient to demonstrate that the action is being commenced in a proper venue;

11. Facts sufficient to demonstrate that the action is being commenced within the applicable statute of limitations; and

12. Unless the plaintiff is the creditor, (i) the name of each person that acquired ownership of the debt after charge off, or, if the consumer debt was not charged off, after default; and (ii) the date of each such acquisition of the consumer debt.

C. Subject to authentication as may be required by law or the Rules of the Supreme Court of Virginia, the plaintiff shall attach to the complaint or amended complaint a copy of:

1. At least one of the following that is sufficient to demonstrate the existence of the consumer debt:

a. An agreement signed by the consumer;

b. A record of a purchase, payment, or use of an account; or

c. A record otherwise demonstrating that the consumer debt was incurred; and

2. If the plaintiff is not the creditor, documentation sufficient to demonstrate the authority of the plaintiff to collect the consumer debt.

2026, c. 395 .