Va. Code Ann. § 8.01-123 — Virginia Code / Title 8.01 / Chapter 3 / Article 12 / Section 8.01-123
Recovery of damages sustained for property withheld during appeal
Status: in_force

When a judgment for specific personal property is affirmed by an appellate court, or an injunction to such judgment is dissolved, the person who is entitled to execution of such judgment, or who would be entitled if execution had not been had, may, on motion to the court from which such execution has issued, or might issue, after fifteen days' notice to the defendant or his personal representative, have a jury impaneled to ascertain the damages sustained by reason of the detention of such property, subsequent to such judgment, or if it was on a verdict, subsequent to such verdict; and judgment shall be rendered for the damages, if any, so ascertained.

Code 1950, § 8-595; 1977, c. 617.
Va. Code Ann. § 8.01-493 — Virginia Code / Title 8.01 / Chapter 18 / Article 4 / Section 8.01-493
Adjournment of sale
Status: in_force

When there is not time, on the day appointed for any such sale, to complete the same, the sale may be adjourned from day to day until completed.

Code 1950, § 8-422.2; 1977, c. 617.
Va. Code Ann. § 8.01-108 — Virginia Code / Title 8.01 / Chapter 3 / Article 11 / Section 8.01-108
When sureties of commissioner, purchaser, etc., proceeded against by rule
Status: in_force

Whenever a special commissioner, a receiver, purchaser at a judicial sale, or his personal representative, or any of them, can be proceeded against by rule for the recovery of money under §§ 8.01-105 , 8.01-106 and 8.01-107 , the surety of such commissioner, receiver, or purchaser, and the personal representatives of such sureties, may also be proceeded against under such sections.

Code 1950, § 8-667; 1977, c. 617.
Va. Code Ann. § 8.01-401.2 — Virginia Code / Title 8.01 / Chapter 14 / Article 4 / Section 8.01-401.2
Chiropractor, physician assistant, advanced practice registered nurse, or optometrist as expert witness
Status: in_force

A. A doctor of chiropractic, when properly qualified, may testify as an expert witness in a court of law as to etiology, diagnosis, prognosis, treatment, treatment plan, and disability, including anatomical, physiological, and pathological considerations within the scope of the practice of chiropractic as defined in § 54.1-2900 .

B. A physician assistant or an advanced practice registered nurse, when properly qualified, may testify as an expert witness in a court of law as to etiology, diagnosis, prognosis, treatment, treatment plan, and disability, including anatomical, physiological, and pathological considerations within the scope of his activities as authorized pursuant to § 54.1-2952 or 54.1-2957 , respectively. However, no physician assistant or advanced practice registered nurse shall be permitted to testify as an expert witness for or against (i) a defendant doctor of medicine or osteopathic medicine in a medical malpractice action regarding the standard of care of a doctor of medicine or osteopathic medicine or (ii) a defendant health care provider in a medical malpractice action regarding causation.

C. An optometrist, when properly qualified, may testify as an expert witness in a court of law as to etiology, diagnosis, prognosis, treatment, treatment plan, and disability, including anatomical, physiological, and pathological considerations within the scope of the practice of optometry as defined in § 54.1-3201 .

1984, c. 569; 2014, cc. 361 , 391 ; 2015, cc. 295 , 306 ; 2017, c. 413 ; 2023, c. 183 ; 2024, cc. 718 , 764 .
Va. Code Ann. § 8.01-196 — Virginia Code / Title 8.01 / Chapter 3 / Article 19 / Section 8.01-196
Comptroller to institute proceedings
Status: in_force

The Comptroller shall institute and prosecute all proceedings proper to enforce payment of money to the Commonwealth.

Code 1950, § 8-758; 1977, c. 617.
Va. Code Ann. § 8.01-404 — Virginia Code / Title 8.01 / Chapter 14 / Article 4 / Section 8.01-404
Contradiction by prior inconsistent writing (Subdivision (b)(i) of Supreme Court Rule 2:613 derived in part from this section and subdivision (b)(ii) of Supreme Court Rule 2:613 derived from this section)
Status: in_force

A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, relative to the subject matter of the civil action, without such writing being shown to him; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to the particular occasion on which the writing is supposed to have been made, and he may be asked if he did not make a writing of the purport of the one to be offered to contradict him, and if he denies making it, or does not admit its execution, it shall then be shown to him, and if he admits its genuineness, he shall be allowed to make his own explanation of it; but it shall be competent for the court at any time during the trial to require the production of the writing for its inspection, and the court may thereupon make such use of it for the purpose of the trial as it may think best. This section is subject to the qualification, that in an action to recover for a personal injury or death by wrongful act or neglect, no ex parte affidavit or statement in writing other than a deposition, after due notice, of a witness and no extrajudicial recording made at any time other than simultaneously with the wrongful act or negligence at issue of the voice of such witness, or reproduction or transcript thereof, as to the facts or circumstances attending the wrongful act or neglect complained of, shall be used to contradict him as a witness in the case. Nothing in this section shall be construed to prohibit the use of any such ex parte affidavit or statement in an action on an insurance policy based upon a judgment recovered in a personal injury or death by wrongful act case.

Code 1950, § 8-293; 1958, c. 380; 1960, c. 114; 1964, c. 356; 1977, c. 617; 2007, c. 598 .
Va. Code Ann. § 8.01-581.21 — Virginia Code / Title 8.01 / Chapter 21.2 / Section 8.01-581.21
Definitions
Status: in_force

As used in this chapter:

"Mediation" means a process in which a mediator facilitates communication between the parties and, without deciding the issues or imposing a solution on the parties, enables them to understand and to reach a mutually agreeable resolution to their dispute.

"Mediation program" means a program through which mediators or mediation is made available and includes the director, agents and employees of the program.

"Mediator" means an impartial third party selected by agreement of the parties to a controversy to assist them in mediation.

1988, cc. 623, 857; 2002, c. 718 .
Va. Code Ann. § 8.01-576.5 — Virginia Code / Title 8.01 / Chapter 20.2 / Section 8.01-576.5
Referral of disputes to dispute resolution proceedings
Status: in_force

While protecting the right to trial by jury, a court, on its own motion or on motion of one of the parties, may refer any contested civil matter, or selected issues in a civil matter, to an orientation session in order to encourage the early resolution of disputes through the use of procedures that facilitate (i) open communication between the parties about the issues in the dispute, (ii) full exploration of the range of options to resolve the dispute, (iii) improvement in the relationship between the parties, and (iv) control by the parties over the outcome of the dispute. The neutral or intake specialist conducting the orientation session shall provide information regarding dispute resolution options available to the parties, screen for factors that would make the case inappropriate for a dispute resolution proceeding, and assist the parties in determining whether their case is suitable for a dispute resolution process such as mediation. The court shall set a date for the parties to return to court in accordance with its regular docket and procedure, irrespective of the referral to an orientation session. The parties shall notify the court, in writing, if the dispute is resolved prior to the return date.

Upon such referral, the parties shall attend one orientation session unless excused pursuant to § 8.01-576.6 . Further participation in a dispute resolution proceeding shall be by consent of all parties. Attorneys for any party may participate in a dispute resolution proceeding.

1993, c. 905; 2002, c. 718 .
Va. Code Ann. § 8.01-5 — Virginia Code / Title 8.01 / Chapter 2 / Article 1 / Section 8.01-5
Effect of nonjoinder or misjoinder; limitation on joinder of insurance company
Status: in_force

A. No action or suit shall abate or be defeated by the nonjoinder or misjoinder of parties, plaintiff or defendant, but whenever such nonjoinder or misjoinder shall be made to appear by affidavit or otherwise, new parties may be added and parties misjoined may be dropped by order of the court at any time as the ends of justice may require.

B. Nothing in this section shall be construed to permit the joinder of any insurance company on account of the issuance to any party to a cause of any policy or contract of liability insurance, or on account of the issuance by any such company of any policy or contract of liability insurance for the benefit of or that will inure to the benefit of any party to any cause.

Code 1950, § 8-96; 1954, c. 333; 1977, c. 617.
Va. Code Ann. § 8.01-567 — Virginia Code / Title 8.01 / Chapter 20 / Article 3 / Section 8.01-567
What defense may be made to attachments
Status: in_force

Any party in interest may show that the court is without jurisdiction to hear and determine the controversy.

The principal defendant, if not served with process, may appear specially and show that the attachment was issued on false suggestion or without sufficient cause, in which event the attachment shall be quashed.

Any person claiming title to, an interest in, or a lien upon the property attached, or any part thereof, after being admitted as a party defendant, if not already a defendant, and the principal defendant, may contest the liability of the principal defendant for the plaintiff's claim, in whole or in part, by proof of any manner which would constitute a good defense by the principal defendant to an action at law on such claim, and may also show that the attachment was not issued on any of the grounds set forth in § 8.01-534 , or that the plaintiff is not likely to succeed on the merits of his underlying claim. The principal defendant may also file counterclaims or defenses available under § 8.01-422 as in an action at law.

Other defendants shall be limited to defenses personal to themselves, or which may prevent a liability upon them or their property.

Code 1950, § 8-555; 1977, c. 617.
Va. Code Ann. § 8.01-536 — Virginia Code / Title 8.01 / Chapter 20 / Article 1 / Section 8.01-536
Pleadings in attachment
Status: in_force

No pleading on behalf of the plaintiff shall be necessary except the petition mentioned in § 8.01-537 . The principal defendant, and any other defendant who seeks to defeat the petitioner's attachment, may demur to the petition, issue on which demurrer shall be deemed to be joined; but if such demurrer be overruled, such defendant shall answer the petition in writing. No replication shall be necessary to such answer. The answer shall be sworn to by such defendant, or his agent. Any other defendant may answer the petition, under oath, and the cause shall be deemed at issue as to him, if he denies any of the allegations of the petition, without any replication. Answers under this section shall not have the effect of evidence for the defendant.

Code 1950, § 8-523; 1977, c. 617.
Va. Code Ann. § 8.01-513 — Virginia Code / Title 8.01 / Chapter 18 / Article 7 / Section 8.01-513
Service upon corporation, limited liability company, limited partnership, or financial institution
Status: in_force

A. If the person upon whom there is a suggestion of liability as provided in § 8.01-511 is a corporation, limited liability company, limited partnership, financial institution as defined in § 6.2-100 , or other entity authorized to do business in the Commonwealth under state or federal law or required to be registered by the State Corporation Commission, the summons shall be served upon the garnishment designee of such corporation, limited liability company, limited partnership, financial institution as defined in § 6.2-100 , or other entity, unless such garnishment designee is also the judgment debtor. If the judgment creditor or his attorney files with the court a certificate that such judgment creditor or attorney has used due diligence and that (i) such corporation, limited liability company, limited partnership, financial institution as defined in § 6.2-100 , or other entity has no garnishment designee; (ii) such garnishment designee cannot be found at the designated address; or (iii) such garnishment designee is also the judgment debtor, then such summons shall be served (a) in accordance with the provisions of § 8.01-299 , 8.01-301 , or 8.01-304 or other provision of law applicable to service of process upon such entity or (b) upon a managing employee. Before serving the registered or statutory agent of a financial institution pursuant to clause (a), the judgment creditor or his attorney must further certify that after exercising due diligence, no managing employee could be found in the Commonwealth, that such managing employee is also the judgment debtor, or that, upon information and belief, the financial institution has authorized or requested such service of process.

B. For the purposes of this section:

"Garnishment designee" means an employee, officer, member, manager, partner, registered agent, or other natural person designated by a corporation, limited liability company, limited partnership, financial institution as defined in § 6.2-100 , or other entity pursuant to a designation filed with the State Corporation Commission. Such designation shall include the garnishment designee's name and physical street address within the Commonwealth where service may be made during regular business hours. The garnishment designee may designate one or more additional natural persons at the same physical street address upon whom summons may be served. Such designation shall be in writing and shall be notarized. Such designation shall be on file and upon demand with the garnishment designee. Whenever such other designated person accepts service of process on behalf of the garnishment designee, a copy of such written and notarized designation shall be attached to the return of service of process.

"Managing employee" means an employee charged by the corporation, limited liability company, limited partnership, financial institution as defined in § 6.2-100 , or other entity as applicable, with the control or who reasonably appears to have control of operations and supervision of employees at the business location of such corporation or limited liability company where process is sought to be served.

Code 1950, § 8-441.2; 1974, c. 561; 1977, c. 617; 1980, c. 514; 1997, c. 395 ; 1998, cc. 723 , 737 ; 2004, c. 231 ; 2006, c. 912 ; 2024, c. 500 .
Va. Code Ann. § 8.01-206 — Virginia Code / Title 8.01 / Chapter 3 / Article 19 / Section 8.01-206
Terms of sale
Status: in_force

The sale shall be upon six months' credit; and if the land be not purchased for the Commonwealth, the officer shall take bond of the purchaser, with sureties, for the payment of the purchase money to the Commonwealth. Every such bond shall mention on what occasion the same was taken, and be returned to the office of the court from which the execution issued, and the clerk shall endorse thereon the date of its return.

Code 1950, § 8-769; 1977, c. 617.
Va. Code Ann. § 8.01-226.5:2 — Virginia Code / Title 8.01 / Chapter 3 / Article 21 / Section 8.01-226.5:2
Immunity of hospital and emergency medical services agency personnel for the acceptance of certain infants
Status: in_force

Any personnel of a hospital or emergency medical services agency receiving a child under the circumstances described in the second paragraph of § 18.2-371 , subdivision B 2 of § 18.2-371.1 , or subsection B of § 40.1-103 shall be immune from civil liability or criminal prosecution for injury or other damage to the child unless such injury or other damage is the result of gross negligence or willful misconduct by such personnel. Any hospital or emergency medical services agency that voluntarily installs a newborn safety device for the reception of children shall ensure that (i) the device is located inside the hospital or emergency medical services agency in an area that is conspicuous and visible to employees or personnel, (ii) the device is staffed 24 hours a day by a health care provider or emergency medical services personnel, (iii) the device is climate controlled and serves as a safe sleep environment for an infant, (iv) the device is equipped with a dual alarm system that sounds 60 seconds after a child is placed in the device and automatically places a call to 911 if the alarm is not deactivated within 60 seconds from within the hospital or emergency medical services agency, (v) the dual alarm system is visually checked at least two times per day and tested at least one time per week to ensure the alarm system is in working order, (vi) the device automatically locks when a child is placed in the device, and (vii) the device is identifiable by appropriate signage that shall include written and pictorial operational instructions.

2003, cc. 816 , 822 ; 2015, cc. 502 , 503 ; 2022, cc. 80 , 81 .
Va. Code Ann. § 8.01-690 — Virginia Code / Title 8.01 / Chapter 27 / Section 8.01-690
Applicability provisions
Status: in_force

The provisions of this chapter shall apply to all pro se civil actions for money damages brought under the laws of this Commonwealth, or for injunctive, declaratory, or mandamus relief, brought by prisoners incarcerated in any state or local correctional facility, including a facility operated pursuant to the Corrections Private Services Act (§ 53.1-261 et seq.).

2002, c. 871 ; 2025, c. 337 .
Va. Code Ann. § 8.01-66.9:2 — Virginia Code / Title 8.01 / Chapter 3 / Article 7.1 / Section 8.01-66.9:2
Lien in favor of the Department of Medical Assistance Services on claim for personal injuries
Status: in_force

A. When the Department of Medical Assistance Services (the Department) has a lien on the claim of an injured person or his personal representative for funds that may be due to him from insurance moneys received for medical services provided pursuant to § 8.01-66.9 , the Department shall, upon request of the injured person or his personal representative, within 60 days from the receipt of such request provide such injured party or his personal representative with (i) an itemized statement detailing all health care expenses paid for by a program of the Department for services rendered or performed and for equipment or devices used due to an alleged injury on which the claim is based and (ii) a sum specific demand for payment in full and final resolution, satisfaction, and compromise of the Department's lien pursuant to this section, § 8.01-66.9 , and its rights pursuant to subsection C of § 32.1-325.2 . Such request shall not be made by the injured person or his personal representative until all claims for health care expenses to be paid for by a program of the Department for an alleged injury on which the claim is based have been submitted to and processed for potential payment by the Department.

B. If the Department fails to comply with the provisions of subsection A, the injured party or his personal representative may submit to the Department, with a copy to the Office of the Attorney General, an offer of the payment for a sum certain in satisfaction of the lien and shall include in such offer an itemized statement of all health care expenses paid for by a program of the Department for services rendered or performed and for equipment or devices used due to an alleged injury on which the claim is based and any explanation that may be necessary for the reasons for the underlying offer. The Department shall accept or reject such offer within 45 days of receipt. If such offer is rejected, the Department shall provide (i) an itemized statement detailing all health care expenses paid for by a program of the Department for services rendered or performed and for equipment or devices used due to an alleged injury on which the claim is based and (ii) a sum specific demand for payment in full and final resolution, satisfaction, and compromise of the Department's lien pursuant to this section, § 8.01-66.9 , and its rights pursuant to subsection C of § 32.1-325.2 .

C. If the Department does not respond to the offer in accordance with the provisions of subsection B, such offer shall be deemed to have been accepted by the Department as payment in full and final resolution, satisfaction, and compromise of the Department's lien pursuant to this section, § 8.01-66.9 , and its rights pursuant to subsection C of § 32.1-325.2 .

D. Nothing in this section shall be construed to be the exclusive means by which the injured party or his personal representative may request an itemized statement detailing all health care expenses paid for by a program of the Department for services rendered or performed and for equipment or devices used due to an alleged injury on which the claim is based, or to seek a full and final resolution, satisfaction, and compromise of the Department's lien pursuant to this section, § 8.01-66.9 , and its rights pursuant to subsection C of § 32.1-325.2 .

The provisions of this section shall apply whenever any person sustains personal injuries and receives treatment, medical attention, or nursing services or care, or receives pharmaceutical goods or any type of medical or rehabilitative device, apparatus, or treatment that is paid for by any program of the Department.

2024, c. 807 .
Va. Code Ann. § 8.01-581.1 — Virginia Code / Title 8.01 / Chapter 21.1 / Article 1 / Section 8.01-581.1
Definitions
Status: in_force

As used in this chapter:

"Health care" means any act, professional services in nursing homes, or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's medical diagnosis, care, treatment or confinement.

"Health care provider" means (i) a person, corporation, facility or institution licensed by this Commonwealth to provide health care or professional services as a physician or hospital, a dentist, a pharmacist, a registered nurse or licensed practical nurse or a person who holds a multistate privilege to practice such nursing under the Nurse Licensure Compact, an advanced practice registered nurse, an optometrist, a podiatrist, a physician assistant, a chiropractor, a physical therapist, a physical therapy assistant, a clinical psychologist, a clinical social worker, a professional counselor, a licensed marriage and family therapist, a licensed dental hygienist, a health maintenance organization, or an emergency medical care attendant or technician who provides services on a fee basis; (ii) a professional corporation, all of whose shareholders or members are so licensed; (iii) a partnership, all of whose partners are so licensed; (iv) a nursing home as defined in § 54.1-3100 except those nursing institutions conducted by and for those who rely upon treatment by spiritual means alone through prayer in accordance with a recognized church or religious denomination; (v) a professional limited liability company comprised of members as described in subdivision A 2 of § 13.1-1102 ; (vi) a corporation, partnership, limited liability company or any other entity, except a state-operated facility, which employs or engages a licensed health care provider and which primarily renders health care services; or (vii) a director, officer, employee, independent contractor, or agent of the persons or entities referenced herein, acting within the course and scope of his employment or engagement as related to health care or professional services.

"Health maintenance organization" means any person licensed pursuant to Chapter 43 (§ 38.2-4300 et seq.) of Title 38.2 who undertakes to provide or arrange for one or more health care plans.

"Hospital" means a public or private institution licensed pursuant to Chapter 5 (§ 32.1-123 et seq.) of Title 32.1 or Article 2 (§ 37.2-403 et seq.) of Chapter 4 of Title 37.2.

"Impartial attorney" means an attorney who has not represented (i) the claimant, his family, his partners, co-proprietors or his other business interests; or (ii) the health care provider, his family, his partners, co-proprietors or his other business interests.

"Impartial health care provider" means a health care provider who (i) has not examined, treated or been consulted regarding the claimant or his family; (ii) does not anticipate examining, treating, or being consulted regarding the claimant or his family; or (iii) has not been an employee, partner or co-proprietor of the health care provider against whom the claim is asserted.

"Malpractice" means any tort action or breach of contract action for personal injuries or wrongful death, based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient.

"Patient" means any natural person who receives or should have received health care from a licensed health care provider except those persons who are given health care in an emergency situation which exempts the health care provider from liability for his emergency services in accordance with § 8.01-225 or 44-146.23 .

"Physician" means a person licensed to practice medicine or osteopathy in this Commonwealth pursuant to Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1.

"Professional services in nursing homes" means services provided in a nursing home, as that term is defined in clause (iv) of the definition of health care provider in this section, by a health care provider related to health care, staffing to provide patient care, psycho-social services, personal hygiene, hydration, nutrition, fall assessments or interventions, patient monitoring, prevention and treatment of medical conditions, diagnosis or therapy.

Code 1950, § 8-911; 1976, c. 611; 1977, c. 617; 1981, c. 305; 1986, cc. 227, 511; 1989, cc. 146, 730; 1991, cc. 455, 464; 1993, c. 268; 1994, cc. 114 , 616 , 651 ; 2001, c. 98 ; 2003, cc. 487 , 492 ; 2005, cc. 482 , 649 , 692 ; 2006, c. 638 ; 2008, cc. 121 , 157 , 169 , 205 ; 2014, c. 89 ; 2015, cc. 295 , 306 ; 2023, c. 183 .
Va. Code Ann. § 8.01-450 — Virginia Code / Title 8.01 / Chapter 17 / Article 5 / Section 8.01-450
How indexed
Status: in_force

Every judgment shall, as soon as it is docketed, be indexed by the clerk in the name of each defendant, as required by § 17.1-249 , and shall not be regarded as docketed as to any defendant in whose name it is not so indexed. The clerk may maintain such index on computer, word processor, microfilm, microfiche, or other micrographic process.

Code 1950, § 8-378; 1977, c. 617; 1985, c. 171.
Va. Code Ann. § 8.01-195.5 — Virginia Code / Title 8.01 / Chapter 3 / Article 18.1 / Section 8.01-195.5
Settlement of certain cases
Status: in_force

The Attorney General shall have authority in accordance with § 2.2-514 to compromise and settle claims against the Commonwealth cognizable under this article.

The chairman of the commission for a transportation district against which a claim was filed pursuant to this article, or such other person as may be designated by the commission, shall have the authority to compromise, settle and discharge the claim provided (i) the proposed settlement and reasons therefor are submitted to the commission in writing and approved by its members or (ii) the settlement is made in accordance with a written policy approved by the transportation district commission for such settlements. The Director of the Division of Risk Management may adjust, compromise and settle claims against the Commonwealth cognizable under this article prior to the commencement of suit unless otherwise directed by the Attorney General.

1981, c. 449; 1986, c. 584; 1991, c. 23; 1992, c. 796.
Va. Code Ann. § 8.01-103 — Virginia Code / Title 8.01 / Chapter 3 / Article 11 / Section 8.01-103
Special commissioner or other person appointed to do so to receive purchase money, etc.; liability of clerk for failure to give notice of appointment
Status: in_force

The special commissioner, who makes the sale or renting, shall receive and collect all the purchase money or rent, unless some other person be appointed to collect the same and in such case the court shall require of such person bond with surety in such penalty as to it may seem fit. When such appointment is made, it shall be the duty of the clerk to give notice thereof, in writing, to the purchaser or lessee, to be served as other notices are required by law to be served; but no payment shall be made to the person so appointed, until he shall have given the bond required by the decree or order; provided, however, that if, before the purchaser or lessee has received notice of such appointment, he shall have made any payment on account of the purchase money or rent to the special commissioner, or any person appointed for the purpose, who made the sale or renting, such special commissioner, or other person, who made the sale or renting, and the sureties on his bond, shall be responsible for the money so paid, and the purchaser or lessee, who made the payment, shall not be responsible therefor.

If any clerk fail to give the notice hereinbefore required to be given by him, he and the sureties on his official bond shall be liable to any person injured by such failure.

Code 1950, § 8-662; 1977, c. 617; 1978, c. 718.
Va. Code Ann. § 8.01-271.2 — Virginia Code / Title 8.01 / Chapter 7 / Article 2 / Section 8.01-271.2
(Effective January 1, 2027) Signing of pleadings, motions, and other papers in consumer debt collection proceedings
Status: in_force

In addition to any other requirement set forth in § 8.01-271.1 , in any civil action to collect or enforce a consumer debt, the attorney of record shall include in the initial pleading and any subsequent filing the name of the attorney of record, the attorney's business address, and the attorney's business telephone number where such attorney can be reached directly by the court and the consumer or the consumer's attorney. If such pleading, motion, or other paper is not signed in compliance with this section, it is defective. Such a defect shall render the pleading, motion, or other paper voidable. If a signature defect is not timely and properly cured after it is brought to the attention of the pleader or movant, the pleading, motion, or other paper is invalid and shall be stricken. A signature defect shall be cured within 21 days after it is brought to the attention of the pleader or movant. If a signature defect is timely and properly cured, the pleading, motion, or other paper shall be valid and relate back to the date it was originally served or filed. For purposes of this section, the summons shall not be deemed an initial pleading.

For purposes of this section, "consumer debt" means an obligation or alleged obligation of an individual to pay money that arises out of a transaction in which the money, property, insurance, or service that is the subject of the transaction is primarily for a personal, family, or household purpose.

2026, c. 489 .
Va. Code Ann. § 8.01-668 — Virginia Code / Title 8.01 / Chapter 25 / Article 3 / Section 8.01-668
Writ de homine abolished
Status: in_force

The writ de homine replegiando is abolished.

Code 1950, § 8-609; 1977, c. 617.
Va. Code Ann. § 8.01-327.1 — Virginia Code / Title 8.01 / Chapter 8 / Article 5 / Section 8.01-327.1
Definition of "arrest under civil process."
Status: in_force

The terms "arrest under civil process" and "civil arrest" shall be synonymous and shall be the apprehending and detaining of a person pursuant to specific provisions of this title to achieve the following:

1. A full and proper answer or response to interrogatories under § 8.01-506 ;

2. His obedience to the orders, judgments, and decrees of any court.

1977, c. 617; 1984, c. 93.
Va. Code Ann. § 8.01-278 — Virginia Code / Title 8.01 / Chapter 7 / Article 2 / Section 8.01-278
When plea of infancy not allowed; liability of infants for debts as traders; liability of infants on loans to defray expenses of education
Status: in_force

A. If any minor now transacting business or who may hereafter transact business as a trader fails to disclose (i) by a sign in letters easy to be read, kept conspicuously posted at the place wherein such business is transacted and (ii) also by a notice published for two weeks in a newspaper meeting the requirements of § 8.01-324 , the fact that he is a minor, all property, stock, and choses in action acquired or used in such business shall as to the creditors of any such person be liable for the debts of such person, and no plea of infancy shall be allowed.

B. If any minor shall procure a loan upon the representation in writing that the proceeds thereof are to be expended by such minor to defray any or all expenses incurred by reason of attendance at an institution of higher education, which has been approved by any regional accrediting association which is approved by the United States Office of Education, or by reason of attendance at any school eligible for the guarantee of the State Education Assistance Authority, such minor shall be liable for the repayment thereof as though he were an adult, and no plea of infancy shall be allowed.

Code 1950, §§ 8-135, 8-135.1; 1960, c. 78; 1970, c. 7; 1977, c. 617.
Va. Code Ann. § 8.01-216.4 — Virginia Code / Title 8.01 / Chapter 3 / Article 19.1 / Section 8.01-216.4
Attorney General; investigation, civil action
Status: in_force

The Attorney General shall investigate any violation of § 8.01-216.3 . If the Attorney General finds that a person has violated or is violating § 8.01-216.3 , the Attorney General may bring a civil action under this section.

2002, c. 842 .
Va. Code Ann. § 8.01-682 — Virginia Code / Title 8.01 / Chapter 26.2 / Article 3 / Section 8.01-682
What damages awarded appellee
Status: in_force

When any judgment is affirmed, whether in whole or in part, damages shall be awarded to the appellee on the portion of the judgment affirmed. When the judgment is for the payment of money, the damages shall be the interest to which the party is legally entitled, as provided in § 6.2-302 or any other provision of law, from the date of filing the notice of appeal until the date the appellate court issues its mandate. Such interest shall be computed upon the whole amount of the recovery affirmed, including interest and costs, and such damages shall be in satisfaction of all interest during such period of time. When the judgment is not for the payment of any money, except costs, the damages shall be such specific sum as the appellate court may deem reasonable, not being more than $2,500 nor less than $150.

Code 1950, § 8-495; 1977, c. 617; 1984, c. 703; 2010, c. 343 ; 2012, c. 58 ; 2016, c. 178 ; 2019, c. 134 .
Va. Code Ann. § 8.01-581.010 — Virginia Code / Title 8.01 / Chapter 21 / Article 2 / Section 8.01-581.010
Vacating an award
Status: in_force

Upon application of a party, the court shall vacate an award where:

1. The award was procured by corruption, fraud or other undue means;

2. There was evident partiality by an arbitrator appointed as a neutral, corruption in any of the arbitrators, or misconduct prejudicing the rights of any party;

3. The arbitrators exceeded their powers;

4. The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of § 8.01-581.04 , in such a way as to substantially prejudice the rights of a party;

5. There was no arbitration agreement and the issue was not adversely determined in proceedings under § 8.01-581.02 , and the party did not participate in the arbitration hearing without raising the objection; or

6. The award was rendered by an arbitrator selected in violation of the provisions of Article 3 (§ 8.01-017 et seq.).

The fact that the relief was such that it could not or would not be granted by a court of law or equity is not grounds for vacating or refusing to confirm the award.

An application under this section shall be made within 90 days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud, or other undue means, it shall be made within 90 days after such grounds are known or reasonably should have been known. An application shall be made by filing a petition with the appropriate court within the prescribed time limits of this section, or by raising reasons supporting vacation in response to another party's petition to confirm the award, provided that such response is filed within the prescribed time limits of this section.

In vacating the award on grounds other than that stated in subdivision 5, the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with § 8.01-581.03 . If the award is vacated on grounds set forth in subdivisions 3 and 4 the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with § 8.01-581.03 . The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.

If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.

1986, c. 614; 1998, c. 303 ; 2026, c. 490 .
Va. Code Ann. § 8.01-227.1 — Virginia Code / Title 8.01 / Chapter 3 / Article 22 / Section 8.01-227.1
Repealed
Status: repealed

Repealed by Acts 2007, c. 250 , cl. 2.
Va. Code Ann. § 8.01-365 — Virginia Code / Title 8.01 / Chapter 12 / Article 2 / Section 8.01-365
How claim of third party tried
Status: in_force

When a writ of fieri facias issued from a circuit court, or a warrant of distress, is levied on property, or when a lien is acquired on money or other personal estate by virtue of § 8.01-501 , and when some other person than the one against whom the process issued claims the property, money, other personal estate, or some part or the proceeds thereof, then either (i) the claimant, if such suspending bond as is hereinafter mentioned has been given, (ii) the officer having such process, if no indemnifying bond has been given, or (iii) the party who had the process issued, may apply to try the claim, by motion to the adverse party, to the circuit court of the county or city wherein the property, money, or other personal estate is located.

Code 1950, § 8-227; 1962, c. 10; 1977, c. 617.
Va. Code Ann. § 8.01-118 — Virginia Code / Title 8.01 / Chapter 3 / Article 12 / Section 8.01-118
Repealed
Status: repealed

Repealed by Acts 1986, c. 341.
Va. Code Ann. § 8.01-381 — Virginia Code / Title 8.01 / Chapter 13 / Section 8.01-381
What jury may carry out
Status: in_force

No pleadings may be carried from the bar by the jury. Exhibits may, by leave of court, be so carried by the jury. Upon request of any party, the court shall instruct the jury that they may request exhibits for use during deliberations. Exhibits requested by the jury shall be sent to the jury room or may otherwise be made available to the jury.

Code 1950, § 8-221; 1977, c. 617; 1992, c. 495.
Va. Code Ann. § 8.01-170 — Virginia Code / Title 8.01 / Chapter 3 / Article 15 / Section 8.01-170
If allowance for improvements exceed damages, what to be done
Status: in_force

If the sum determined for the improvements exceed the damages determined by the jury against the defendant as aforesaid, they shall then determine against him, for any time before such five years, the rents and profits accrued against, or damage for waste or other injury done by him, or those under whom he claims, so far as may be necessary to balance his claim for improvements, but in such case he shall not be liable for the excess, if any, of such rents and profits, or damages, beyond the value of the improvements.

Code 1950, § 8-846; 1977, c. 617.
Va. Code Ann. § 8.01-440 — Virginia Code / Title 8.01 / Chapter 17 / Article 2 / Section 8.01-440
Docketing and execution
Status: in_force

The clerk shall forthwith docket such judgment in the current judgment lien docket in his office and shall issue execution thereon as he may be directed by the creditor therein named, or his assigns, in the manner prescribed by law.

Code 1950, § 8-364; 1977, c. 617.
Va. Code Ann. § 8.01-195.12 — Virginia Code / Title 8.01 / Chapter 3 / Article 18.2 / Section 8.01-195.12
Conditions for continued compensation
Status: in_force

A. If, at the time of the award of compensation pursuant to § 8.01-195.11 , the person wrongfully incarcerated has previously won a monetary award against the Commonwealth or any political subdivision thereof in a civil action arising out of the factual situation in connection with the conviction for which the compensation was awarded, or has entered into a settlement agreement with the Commonwealth or any political subdivision thereof arising out of such situation, the amount of the award in such action or such settlement agreement, less any sums paid to attorneys or for costs in litigating such other civil action or obtaining such settlement agreement, shall be deducted from the sum of money to which the person wrongfully incarcerated is entitled pursuant to § 8.01-195.11 .

B. As a condition of receiving any compensation under this article, a person shall execute a release and waiver forever releasing (i) the Commonwealth or any agency, instrumentality, officer, employee, or political subdivision thereof, (ii) any legal counsel appointed pursuant to § 19.2-159 , and (iii) all other parties of interest, from any present or future claims the person receiving compensation may have against such enumerated parties and arising out of the factual situation in connection with the conviction for which compensation is being sought under this article.

2004, cc. 818 , 840 ; 2010, c. 557 ; 2024, c. 396 .
Va. Code Ann. § 8.01-4.3 — Virginia Code / Title 8.01 / Chapter 1 / Section 8.01-4.3
Unsworn declarations under penalty of perjury; penalty
Status: in_force

If a matter in any judicial proceeding or administrative hearing is required or permitted to be established by a sworn written declaration, verification, certificate, statement, oath, or affidavit, such matter may, with like force and effect, be evidenced, by the unsworn written declaration, certificate, verification, or statement, which is subscribed by the maker as true under penalty of perjury, and dated, in substantially the following form:

"I declare (or certify, verify or state) under penalty of perjury that the foregoing is true and correct." This section shall not apply to a deposition, an oath of office, or an oath required to be taken before a specified official other than a notary public.

2005, c. 423 .
Va. Code Ann. § 8.01-473 — Virginia Code / Title 8.01 / Chapter 18 / Article 1 / Section 8.01-473
Judgment for benefit of other person than plaintiff; remedies of such person
Status: in_force

When an execution issues on a judgment, for the benefit, in whole or in part, of any person other than the plaintiff, if the fact appears by the record, the clerk shall, in the execution, or by an endorsement thereon, state the extent of the interest therein of such person; and such person, either in his own name or that of the plaintiff, may, as a party injured, prosecute a suit or motion against the officer.

Code 1950, § 8-405; 1977, c. 617.
Va. Code Ann. § 8.01-18 — Virginia Code / Title 8.01 / Chapter 2 / Article 3 / Section 8.01-18
When suit discontinued unless revived
Status: in_force

If the committee, personal representative, heir, or devisee of the plaintiff or appellant who was a party, or of the decedent whose personal representative was plaintiff or appellant, shall not make a motion for substitution of parties under the applicable Rules of Court within a reasonable time after there may have been a suggestion on the record of the fact making such motion proper, the suit of such plaintiff or appellant shall be discontinued, unless good cause be shown to the contrary.

Code 1950, § 8-153; 1954, c. 333; 1977, c. 617.
Va. Code Ann. § 8.01-361 — Virginia Code / Title 8.01 / Chapter 11 / Article 4 / Section 8.01-361
New juror may be sworn in place of one disabled; when court may discharge jury
Status: in_force

If a juror, after he is sworn, be unable from any cause to perform his duty, the court may, in its discretion, cause another qualified juror to be sworn in his place, and in any case, the court may discharge the jury when it appears that they cannot agree on a verdict or that there is a manifest necessity for such discharge.

Code 1950, § 8-208.23; 1973, c. 439; 1977, c. 617.
Va. Code Ann. § 8.01-130.5 — Virginia Code / Title 8.01 / Chapter 3 / Article 13.1 / Section 8.01-130.5
Procedure for trial on warrant in distress
Status: in_force

The distress warrant shall contain a return date and be tried in the same manner as an action on a warrant as prescribed in § 16.1-79 , except that the case shall be returnable not more than 30 days from its date of issuance. 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.

1980, c. 555, § 55-230.1; 1993, c. 841; 2019, c. 712 .
Va. Code Ann. § 8.01-581.22 — Virginia Code / Title 8.01 / Chapter 21.2 / Section 8.01-581.22
Confidentiality; exceptions
Status: in_force

All memoranda, work products and other materials contained in the case files of a mediator or mediation program are confidential. Any communication made in or in connection with the mediation, which relates to the controversy being mediated, including screening, intake, and scheduling a mediation, whether made to the mediator, mediation program staff, to a party, or to any other person, is confidential. However, a written mediated agreement signed by the parties shall not be confidential, unless the parties otherwise agree in writing.

Confidential materials and communications are not subject to disclosure in discovery or in any judicial or administrative proceeding except (i) where all parties to the mediation agree, in writing, to waive the confidentiality, (ii) in a subsequent action between the mediator or mediation program and a party to the mediation for damages arising out of the mediation, (iii) statements, memoranda, materials and other tangible evidence, otherwise subject to discovery, which were not prepared specifically for use in and actually used in the mediation, (iv) where a threat to inflict bodily injury is made, (v) where communications are intentionally used to plan, attempt to commit, or commit a crime or conceal an ongoing crime, (vi) where an ethics complaint is made against the mediator by a party to the mediation to the extent necessary for the complainant to prove misconduct and the mediator to defend against such complaint, (vii) where communications are sought or offered to prove or disprove a claim or complaint of misconduct or malpractice filed against a party's legal representative based on conduct occurring during a mediation, (viii) where communications are sought or offered to prove or disprove any of the grounds listed in § 8.01-581.26 in a proceeding to vacate a mediated agreement, or (ix) as provided by law or rule. The use of attorney work product in a mediation shall not result in a waiver of the attorney work product privilege.

1988, cc. 623, 857; 2002, c. 718 ; 2013, cc. 283 , 383 .
Va. Code Ann. § 8.01-373 — Virginia Code / Title 8.01 / Chapter 12 / Article 2 / Section 8.01-373
When property sells for more than claim, how surplus paid
Status: in_force

When property, the sale of which is indemnified, sells for more than enough to satisfy the execution, attachment, or distress warrant under which it is taken, the surplus shall be paid by the officer into the court where the indemnifying bond is required to be returned, or as such court may direct. The court wherein the surplus is held may make such order for the disposition thereof, either temporarily until the question as to the title of the property sold is determined, or absolutely, as in respect to the rights of those interested may seem to it proper.

Code 1950, § 8-235; 1977, c. 617.
Va. Code Ann. § 8.01-98 — Virginia Code / Title 8.01 / Chapter 3 / Article 11 / Section 8.01-98
Sales of land when purchase price insufficient to pay taxes, etc
Status: in_force

In any proceedings for the sale of real estate or to subject real estate to the payment of debts, it appears to the court that the real estate cannot be sold for enough to pay off the liens of taxes, levies, and assessments returned delinquent against it, and it further appears that the purchase price offered is adequate and reasonable, such sale shall be confirmed, and the court shall decree the payment and distribution of the proceeds of such sale pro rata to the taxes, levies, and assessments due the Commonwealth or any political subdivision thereof, after having first deducted the cost of such proceedings in court. Such decree shall be certified to the treasurer who has charge of the delinquent tax books, and such treasurer shall cause the lien of such taxes, levies, and assessments to be marked satisfied upon the list of delinquent lands regardless of whether the same shall have been paid in full.

Code 1950, § 8-657; 1977, c. 617; 2020, c. 644 .
Va. Code Ann. § 8.01-181 — Virginia Code / Title 8.01 / Chapter 3 / Article 16 / Section 8.01-181
Surveys
Status: in_force

The court may appoint a surveyor and direct such surveys to be made as it deems necessary, and the costs thereof shall be assessed as the court may direct.

Code 1950, § 8-838; 1954, c. 606; 1977, c. 617.
Va. Code Ann. § 8.01-633 — Virginia Code / Title 8.01 / Chapter 24 / Section 8.01-633
Damages on dissolution
Status: in_force

When an injunction to stay proceedings on a judgment or decree for money is dissolved wholly or in part there shall be paid to the party having such judgment or decree damages at the rate of ten per centum per annum from the time the injunction took effect until the dissolution, on such sum as appears to be due, including the costs; but the court wherein the injunction is may direct that no such damages be paid, or that there be paid only such portion thereof as it may deem just. In a case wherein a forthcoming bond was forfeited, and no execution was had thereon before the injunction took effect, a court awarding such execution shall include in its judgment or decree damages as aforesaid. In other cases damages may be included in the execution on the judgment or decree to which the injunction was awarded.

Code 1950, § 8-625; 1977, c. 617.
Va. Code Ann. § 8.01-576.6 — Virginia Code / Title 8.01 / Chapter 20.2 / Section 8.01-576.6
Notice and opportunity to object
Status: in_force

When a court has determined that referral to an orientation session is appropriate, an order of referral to a neutral or to a dispute resolution program shall be entered and the parties shall be so notified as expeditiously as possible. The court shall excuse the parties from participation in an orientation session if, within fourteen days after entry of the order, a written statement signed by any party is filed with the court, stating that the dispute resolution process has been explained to the party and he objects to the referral.

1993, c. 905; 2002, c. 718 .
Va. Code Ann. § 8.01-282 — Virginia Code / Title 8.01 / Chapter 7 / Article 3 / Section 8.01-282
Motion to strike evidence
Status: in_force

When a defendant moves the court to strike out all of the evidence, upon any grounds, and such motion is overruled by the court, such defendant shall not thereafter be precluded from introducing evidence in his behalf.

Code 1950, § 8-122.1; 1954, c. 605; 1977, c. 617; 2005, c. 681 .
Va. Code Ann. § 8.01-142 — Virginia Code / Title 8.01 / Chapter 3 / Article 14 / Section 8.01-142
Verdict when action against several defendants
Status: in_force

If the action be against several defendants, and a joint possession of all be proved, and the plaintiff be entitled to a verdict, it shall be against all, whether they pleaded separately or jointly.

Code 1950, § 8-812; 1977, c. 617.
Va. Code Ann. § 8.01-267.4 — Virginia Code / Title 8.01 / Chapter 5.1 / Section 8.01-267.4
Transfer
Status: in_force

A. Whenever there are pending in different circuit courts of the Commonwealth civil actions brought by six or more plaintiffs which involve common issues of law or fact and arise out of the same transaction, occurrence or the same series of transactions or occurrences, any party may apply to a panel of circuit court judges designated by the Supreme Court for an order of transfer. Upon such application and upon making the findings required by § 8.01-267.1 , the panel may order some or all of the actions transferred to a circuit court in which one or more of the actions are pending for purposes of coordinated or consolidated pretrial proceedings. The circuit court to which actions are transferred may enter further orders as provided in § 8.01-267.3 . Any subsequent application for further transfer shall be made to the circuit court to which the actions were transferred. Upon completion of pretrial proceedings and any joint hearings or trials, the circuit court may remand the actions to the circuit courts in which they were originally filed or may retain them for final disposition.

B. Any party who files an application for transfer shall at the same time give notice of such application to all parties and to the clerk of each circuit court in which an action that is the subject of the application is pending. Upon receipt of the notice, a circuit court shall not enter any further orders under § 8.01-267.3 until after the panel has entered an order granting or denying an application for transfer pursuant to subsection A.

1995, c. 555 .
Va. Code Ann. § 8.01-80 — Virginia Code / Title 8.01 / Chapter 3 / Article 8 / Section 8.01-80
Same; action of court on report; application of proceeds of transaction
Status: in_force

If upon the filing of the report and examination of the matter it shall appear to the court to be proper, an order shall be entered for the mortgaging, leasing, or sale, on such terms and conditions as the court may deem proper, of so much of such real estate as may be necessary; but no conveyance shall be executed until such shall have been confirmed by the court. The proceeds of such transactions shall be secured and applied under the order of the court.

Code 1950, § 8-689.3; 1977, c. 617.
Va. Code Ann. § 8.01-587 — Virginia Code / Title 8.01 / Chapter 22 / Article 1 / Section 8.01-587
Liability of general receivers
Status: in_force

Except as otherwise ordered by the court, for good cause shown, a general receiver shall be liable for any loss of income which results from his (i) failure to invest any money held by him pursuant to §§ 8.01-582 through 8.01-586 within sixty days of his receipt of the funds or (ii) failure to pay out any money so ordered by the court within sixty days of the court order. He shall be charged with interest from the date of the court order until such investment or payment is made.

Code 1950, § 8-730; 1977, c. 617; 1988, c. 841.
Va. Code Ann. § 8.01-603 — Virginia Code / Title 8.01 / Chapter 22 / Article 3 / Section 8.01-603
Repealed
Status: repealed

Repealed by Acts 1982, c. 155.
Va. Code Ann. § 8.01-581.5 — Virginia Code / Title 8.01 / Chapter 21.1 / Article 1 / Section 8.01-581.5
When hearing to be held; notice to parties
Status: in_force

The plaintiff or defendant may request the medical review panel to hold a hearing on any claim referred to the medical review panel, in which case the medical review panel shall conduct a hearing thereon in accordance with § 8.01-581.6 after notice to the parties by means adequate to ensure their presence at the time and place of the hearing.

Code 1950, § 8-915; 1976, c. 611; 1977, c. 617; 1979, c. 261; 1984, c. 777; 1993, c. 928.
Va. Code Ann. § 8.01-610 — Virginia Code / Title 8.01 / Chapter 23 / Section 8.01-610
Weight to be given commissioner's report
Status: in_force

The report of a commissioner in chancery shall not have the weight given to the verdict of a jury on conflicting evidence, but the court shall confirm or reject such report in whole or in part, according to the view which it entertains of the law and the evidence.

Code 1950, § 8-250; 1977, c. 617.
Va. Code Ann. § 8.01-130.4 — Virginia Code / Title 8.01 / Chapter 3 / Article 13.1 / Section 8.01-130.4
When and by whom distress made
Status: in_force

A distress action for rent may be brought no later than five years from the time the rent becomes due, whether the lease is ended or not. The distress shall be made by a sheriff of the county or city where the premises yielding the rent, or some part thereof, is located or the goods liable to distress may be found, under warrant from a judge of, or a magistrate serving, the judicial district. Such warrant shall be founded upon a sworn petition of the person claiming the rent, or his agent, that (i) the petitioner believes the amount of money or other thing by which the rent is measured, to be specified in the petition in accordance with § 8.01-130.6 , is justly due to the claimant for rent reserved upon contract from the person of whom it is claimed, (ii) the petitioner alleges one or more of the grounds mentioned in § 8.01-534 and sets forth in the petition specific facts in support of such allegation, and (iii) the rent claimed is for rent due within five years from the time that it becomes due. The petition shall also specify the amount of the rent claimed and request either levy or seizure of the affected property prior to trial. The plaintiff shall, at the time of suing out a distress, give bond in conformity with the provisions of § 8.01-537.1 . The plaintiff praying for a distress warrant 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 distress warrant shall not be issued.

A judge or magistrate shall make an ex parte review of the petition and may receive evidence only in the form of a sworn petition, which shall be filed in the office of the clerks of court. The warrant may be issued in accordance with the prayer of the petition by a judge or magistrate only upon a determination that there appears from the petition that there is reasonable cause to believe that one of the grounds mentioned in § 8.01-534 exists, the allegations required to be in the petition are true, and bond that complies with § 8.01-537.1 has been posted.

Each copy of the distress warrant shall be issued and served on each defendant together with (a) a form for requesting a hearing of exemption from levy or seizure, as provided in § 8.01-546.1 , and (b) a copy of the bond. The distress warrant may be issued or executed on any day, including a Saturday, Sunday, or other legal holiday. Service shall be made in accordance with the methods described in § 8.01-487.1 . The provisions of § 8.01-546.2 shall govern claims for exemption.

The officer into whose hands the warrant is delivered shall levy or seize as directed in the warrant, except as may be provided by statute, the property found on the premises of the tenant as provided by § 8.01-130.6 . The officer shall return the warrant of distress to the court to which the warrant of distress is returnable by the return date unless otherwise notified by the court to make return by an earlier date.

Code 1919, § 5522; Code 1950, § 55-230; 1962, c. 10; 1974, c. 458; 1976, c. 177; 1980, c. 555; 1986, c. 341; 1993, c. 841; 2008, cc. 551 , 691 ; 2019, c. 712 .
Va. Code Ann. § 8.01-412.14 — Virginia Code / Title 8.01 / Chapter 14 / Article 6.2 / Section 8.01-412.14
Uniformity of application and construction; reciprocal privileges
Status: in_force

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. The privilege extended to persons in other states for discovery under this article shall only apply if the jurisdiction where the action is pending has extended a similar privilege to persons in the Commonwealth, by that jurisdiction's enactment of the Uniform Interstate Depositions and Discovery Act, a predecessor uniform act, or another comparable law or rule of court providing substantially similar mechanisms for use by out-of-state parties.

2009, c. 701 .
Va. Code Ann. § 8.01-276 — Virginia Code / Title 8.01 / Chapter 7 / Article 2 / Section 8.01-276
Demurrer to evidence and plea in abatement abolished; motion to strike evidence and written motion, respectively, to be used in lieu thereof
Status: in_force

Demurrers to the evidence and pleas in abatement are hereby abolished.

Any matter that heretofore could be reached by a demurrer to the evidence may hereafter be subject to a motion to strike the evidence.

Any defense heretofore required or permitted to be made by plea in abatement may be made by written motion stating specifically the relief demanded and the grounds therefor. Except when the ground of such motion is the lack of the court's jurisdiction over the person of an indispensable party, or of the subject matter of the litigation, such motion shall be made within the time prescribed by Rules of the Supreme Court.

If the motion challenges the venue of the action, the movant shall state therein why venue is improperly laid and what place or places within the Commonwealth would constitute proper venue for the action.

1977, c. 617.
Va. Code Ann. § 8.01-581.20:1 — Virginia Code / Title 8.01 / Chapter 21.1 / Article 2 / Section 8.01-581.20:1
Admissibility of expressions of sympathy
Status: in_force

In any civil action brought by an alleged victim of an unanticipated outcome of health care, or in any arbitration or medical malpractice review panel proceeding related to such civil action, the portion of statements, writings, affirmations, benevolent conduct, or benevolent gestures expressing sympathy, commiseration, condolence, compassion, or a general sense of benevolence, together with apologies that are made by a health care provider or an agent of a health care provider to the patient, a relative of the patient, or a representative of the patient, shall be inadmissible as evidence of an admission of liability or as evidence of an admission against interest. A statement of fault that is part of or in addition to any of the above shall not be made inadmissible by this section.

For purposes of this section, unless the context otherwise requires:

"Health care" has the same definition as provided in § 8.01-581.1 .

"Health care provider" has the same definition as provided in § 8.01-581.1 .

"Relative" means a patient's spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half-brother, half-sister, or spouse's parents. In addition, "relative" includes any person who has a family-type relationship with the patient.

"Representative" means a legal guardian, attorney, person designated to make decisions on behalf of a patient under a medical power of attorney, or any person recognized in law or custom as a patient's agent.

"Unanticipated outcome" means the outcome of the delivery of health care that differs from an expected result.

2005, cc. 649 , 692 ; 2009, c. 414 .
Va. Code Ann. § 8.01-623 — Virginia Code / Title 8.01 / Chapter 24 / Section 8.01-623
Injunction against decree subject to bill of review; limitations to bill of review
Status: in_force

A court allowing a bill of review may award an injunction to the decree to be reviewed. But no bill of review shall be allowed to a final decree, unless it be exhibited within six months next after such decree, except that a person under a disability as defined in § 8.01-2 may exhibit the same within six months after the removal of his disability. In no case shall such a bill be filed without the leave of court first obtained, unless it is for error of law apparent upon the face of the record. Notwithstanding the provisions of this section, no court shall allow a bill of review for a decree entered pursuant to § 58.1-3969 to sell real estate to enforce the lien for delinquent real estate taxes.

Code 1950, § 8-613; 1977, c. 617; 2025, c. 267 .
Va. Code Ann. § 8.01-220.1:5 — Virginia Code / Title 8.01 / Chapter 3 / Article 21 / Section 8.01-220.1:5
Defense of intra-family immunity abolished for wrongful death actions
Status: in_force

In any action for death by wrongful act under § 8.01-50 , the common-law defense of intra-family immunity is abolished and shall not constitute a valid defense as to any such cause of action that arises on or after July 1, 2020.

2020, c. 906 .
Va. Code Ann. § 8.01-232 — Virginia Code / Title 8.01 / Chapter 4 / Article 1 / Section 8.01-232
Effect of promises not to plead statute of limitations
Status: in_force

A. Whenever the failure to enforce a promise, written or unwritten, not to plead the statute of limitations would operate as a fraud on the promisee, the promisor shall be estopped to plead the statute. In all other cases, an unwritten promise not to plead the statute shall be void, and a written promise not to plead such statute shall be valid and enforceable to prevent assertion of the defense of the statute only when (i) the written promise is made to avoid or defer litigation pending settlement of any cause of action that has accrued in favor of the promisee against the promisor, (ii) the written promise is signed by the promisor or his agent, and (iii) the promisee commences an action asserting such cause of action within the earlier of (a) the applicable limitations period running from the date the written promise is made or (b) any shorter time as may be provided in the written promise. No provision of this subsection shall operate contrary to subsections B and C.

B. No acknowledgment or promise by any personal representative of a decedent shall charge the estate of the decedent, revive a cause of action otherwise barred, or relieve the personal representative of his duty to defend under § 64.2-1415 in any case in which but for such acknowledgment or promise, the decedent's estate could have been protected under a statute of limitations.

C. No acknowledgment or promise by one of two or more joint contractors shall charge any of such contractors in any case in which but for such acknowledgment another contractor would have been protected under a statute of limitations.

D. Subsections A and C shall not apply to, limit, or prohibit written promises to waive or not to plead the statute of limitations that are made in, or contemporaneously with, subcontracts of any tier that are related to contracts for construction, construction management, design-build, architecture, or engineering under Chapter 43 (§ 2.2-4300 et seq.) or 43.1 (§ 2.2-4378 et seq.) of Title 2.2; under the policies and procedures adopted by any county, city, or town or school board; under Title 23.1; or under authorizing provisions, policies, or procedures for procurement of such contracts by any public body exempted from the foregoing; however, such waiver or promise not to plead applies only to demands, claims, or actions asserted under such contracts by a public body. As used in this subsection, "subcontract" includes any contract or purchase order to supply labor, equipment, materials, or services to an entity awarded a contract with a public body or to any lower-tier entity performing work provided for in such a contract.

Code 1950, §§ 8-27, 8-28; 1977, c. 617; 2006, c. 278 ; 2020, cc. 496 , 497 ; 2022, c. 477 .
Va. Code Ann. § 8.01-465.22 — Virginia Code / Title 8.01 / Chapter 17.3 / Section 8.01-465.22
Prejudgment and judgment interest
Status: in_force

With respect to a foreign-money claim, recovery of prejudgment or preaward interest and the rate of interest to be applied in the action or distribution proceeding are matters of the substantive law governing the right to recovery under the conflict-of-laws rules of the Commonwealth.

However, the court or arbitrator shall increase or decrease the amount of prejudgment or preaward interest otherwise payable in a judgment or award in foreign money to the extent required by the law of the Commonwealth.

A judgment or award on a foreign-money claim bears interest at the rate applicable to judgments of the Commonwealth.

1991, c. 24.
Va. Code Ann. § 8.01-585 — Virginia Code / Title 8.01 / Chapter 22 / Article 1 / Section 8.01-585
How accounts kept by receivers
Status: in_force

Each such general receiver shall keep an accurate and particular account of all moneys received, invested and paid out by him, showing the respective amounts to the credit of each case in the court and designating in the items the judgments, orders or decrees of court under which the respective sums have been received, invested or paid out. No later than October 1 of each year, he shall make a report to his court showing the balance to the credit of each case in the court in which money has been received by him, the manner of each case in the court in which money has been received by him, the manner in which it is invested, the amounts received, invested or paid out during the year ending June 30 of the current year, the approximate date on which the moneys held for the beneficiaries will become payable, and the whole amount then invested and subject to the future order of the court. A copy of the annual report shall be recorded in the trust fund order book. He shall, at any time when required by the court or the Auditor of Public Accounts so to do, furnish a statement of the amount subject to the order of the court in any case pending therein and any other information required by the court or the Auditor of Public Accounts as to any money or other property under his control. He shall annually make formal settlement of his accounts before the court or before the commissioner mentioned in § 8.01-617 which settlement shall be recorded as provided in § 8.01-619 .

Code 1950, § 8-728; 1977, c. 617; 1988, c. 553; 1989, c. 69.
Va. Code Ann. § 8.01-391.1 — Virginia Code / Title 8.01 / Chapter 14 / Article 2.1 / Section 8.01-391.1
Substitute checks as evidence (Supreme Court Rule 2:1003 derived from subsections A and B of this section)
Status: in_force

A. A substitute check created pursuant to the federal Check Clearing for the 21st Century Evidence Act (Check 21 Act), 12 U.S.C. § 5001 et seq., shall be admissible in evidence in any legal proceeding, civil or criminal, to the same extent the original check would be.

B. A document received from a banking institution that is designated as a "substitute check" and that bears the legend "This is a legal copy of your check. You can use it the same way you would use the original check" shall be presumed to be a substitute check created pursuant to the Check 21 Act.

C. Any person who shall forge a substitute check or utter or attempt to employ as true any forged substitute check shall be punished as provided in § 18.2-172 .

2006, c. 127 .
Va. Code Ann. § 8.01-673 — Virginia Code / Title 8.01 / Chapter 26 / Article 3 / Section 8.01-673
Inspection and return of records; certiorari when part of record is omitted; binding or retention of records
Status: in_force

A. The Supreme Court may, when a case has before been in an appellate court, inspect the record upon the former appeal; and the court may, in any case, after reasonable notice to counsel in the appellate court, award a writ of certiorari to the clerk of the court below, and have brought before it, when part of a record is omitted, the whole or any part of such record.

B. When an appeal is refused or after it has been allowed and decided, the Clerk of the Supreme Court shall return the record to the clerk of the circuit court or other tribunal. The clerk of such court or tribunal shall return the record upon the request of the Clerk of the Supreme Court. As soon as a case is decided, the Clerk of the Supreme Court shall cause the appendix and the briefs of counsel to be recorded and preserved in any manner which meets archival standards as recommended by the Archives and Records Division of The Library of Virginia.

The manuscript of the record in a case in which an opinion was delivered prior to 1950 by the Supreme Court upon refusal of an appeal shall not be destroyed and shall be retained by the clerk of such court in his files.

Code 1950, §§ 8-473, 8-501; 1974, c. 532; 1977, cc. 449, 617; 1984, c. 703; 1988, c. 324; 1994, c. 64 .
Va. Code Ann. § 8.01-110 — Virginia Code / Title 8.01 / Chapter 3 / Article 11 / Section 8.01-110
Appointment of special commissioner to execute deed, etc.; effect of deed
Status: in_force

A court in a suit wherein it is proper to decree the execution of any deed or writing may appoint a special commissioner to execute the same on behalf of any party in interest and such instrument shall be as valid as if executed by the party on whose behalf it is so executed.

Code 1950, § 8-670; 1977, c. 617.
Va. Code Ann. § 8.01-679 — Virginia Code / Title 8.01 / Chapter 26.2 / Article 3 / Section 8.01-679
Failure of trial court clerk to deliver record to appellate court
Status: in_force

Notwithstanding any provision of law to the contrary, no appeal shall be refused or dismissed for failure to deliver the record within the required time if it shall appear from evidence satisfactory to the appellate court that the clerk of the court below failed to deliver to the clerk of the appellate court the record on appeal within the required time.

Code 1950, § 8-489; 1964, c. 7; 1976, c. 615; 1977, c. 617; 1984, c. 703.
Va. Code Ann. § 8.01-292 — Virginia Code / Title 8.01 / Chapter 8 / Article 2 / Section 8.01-292
To whom process directed and where executed
Status: in_force

Process from any court, whether original, mesne, or final, may be directed to the sheriff of, and may be executed in, any county, city, or town in the Commonwealth.

Code 1950, § 8-44; 1954, c. 333; 1977, c. 617.
Va. Code Ann. § 8.01-465.18 — Virginia Code / Title 8.01 / Chapter 17.3 / Section 8.01-465.18
Determining amount of the money of certain contract claims
Status: in_force

A. If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date.

B. If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after default, not exceeding thirty days. Thereafter, conversion is made at the bank-offered spot rate on the conversion date.

C. A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor's obligation to be paid in the debtor's money, when received by the creditor, must equal a special amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator shall amend the judgment or award accordingly.

1991, c. 24.
Va. Code Ann. § 8.01-255 — Virginia Code / Title 8.01 / Chapter 4 / Article 5 / Section 8.01-255
Time for presenting claim against Commonwealth
Status: in_force

Any pecuniary claim authorized to be presented under §§ 2.2-814 and 2.2-815 shall be barred unless presented in writing to the comptroller or other authorized person no later than five years after the right to such claim shall arise. If such claim be not thus barred, any action thereon against the Commonwealth must be brought no later than three years after disallowance of such claim in whole or in part.

Code 1950, § 8-752; 1966, c. 452; 1977, c. 617.
Va. Code Ann. § 8.01-72 — Virginia Code / Title 8.01 / Chapter 3 / Article 8 / Section 8.01-72
When death to abate such suit
Status: in_force

A suit instituted under this article shall abate by reason of the death of the person under a disability unless a sale, exchange, lease, encumbrance, redemption, or other disposition of real estate has been confirmed by a decree in such suit.

Code 1950, § 8-678; 1952, c. 360; 1977, c. 617.
Va. Code Ann. § 8.01-465.34 — Virginia Code / Title 8.01 / Chapter 17.4 / Section 8.01-465.34
(Effective July 1, 2027) Severability
Status: in_force

If a provision of this chapter or its application to a person or circumstance is held invalid, such invalidity shall not affect another provision or application that can be given effect without such invalid provision.

2026, c. 395 .
Va. Code Ann. § 8.01-502.1 — Virginia Code / Title 8.01 / Chapter 18 / Article 5 / Section 8.01-502.1
Serving notice of lien on financial institution
Status: in_force

A. No judgment creditor or attorney for a judgment creditor shall have a notice of lien served on a financial institution under § 8.01-502 unless such judgment creditor or attorney has a reasonable basis for believing that the judgment debtor is entitled to a payment from such institution. The fact that a financial institution is doing business in a geographic area where the judgment debtor resides, works or has a place of business is not, by itself, a reasonable basis for believing that the judgment debtor is entitled to a payment from a financial institution. Any person violating this section shall be liable to a financial institution for the sum of $100 for each notice of lien wrongfully served on such institution. In any action at law to recover an amount due hereunder, the judgment creditor or attorney for the judgment creditor causing the notice of lien to be served on the financial institution shall have the burden of showing a reasonable basis for believing that the judgment debtor was entitled to a payment from such institution.

B. Any judgment creditor serving a notice of lien on a financial institution shall, within five business days of such service, mail to the judgment debtor at his last known address a copy of the notice of lien along with a notice of exemptions and claim for exemption form in accordance with § 8.01-512.4 . The judgment creditor or attorney for the judgment creditor shall file a certification with the court affirming that he has mailed the judgment debtor these notices. In the event that the judgment creditor fails to comply with the requirements of this subsection, he shall be liable to the judgment debtor for no more than $100 in damages, unless he proves by a preponderance of the evidence that the failure was not willful.

C. A financial institution served with a valid notice of lien shall provide a written response to the judgment creditor or attorney for the judgment creditor within twenty-one days after being served with such notice of lien indicating the amount of money held by the financial institution pursuant to the notice of lien.

1997, c. 750 ; 1999, c. 48 ; 2010, c. 673 .
Va. Code Ann. § 8.01-239 — Virginia Code / Title 8.01 / Chapter 4 / Article 2 / Section 8.01-239
Ground rents
Status: in_force

No action shall be brought for the recovery of any ground rent reserved upon real estate after the expiration of ten years from the time such ground rent becomes due and payable.

Code 1950, § 8-10; 1977, c. 617.
Va. Code Ann. § 8.01-417 — Virginia Code / Title 8.01 / Chapter 14 / Article 9 / Section 8.01-417
Copies of written statements or transcriptions of verbal statements by injured person to be delivered to him; copies of subpoenaed documents to be provided to other party; disclosure of insurance policy limits
Status: in_force

A. Any person who takes from a person who has sustained a personal injury a signed written statement or voice recording of any statement relative to such injury shall deliver to such injured person a copy of such written statement forthwith or a verified typed transcription of such recording within 30 days from the date such statement was given or recording made, when and if the statement or recording is transcribed or in all cases when requested by the injured person or his attorney.

B. Unless otherwise ordered for good cause shown, when one party to a civil proceeding subpoenas documents, the subpoenaing party, upon receipt of the subpoenaed documents, shall, if requested in writing, provide true and full copies of the same to any other party or to the attorney for any other party, provided the other party or attorney for the other party pays the reasonable cost of copying or reproducing the subpoenaed documents. This provision does not apply where the subpoenaed documents are returnable to and maintained by the clerk of court in which the action is pending.

C. After he gives written notice that he represents an injured person, an attorney, or an individual injured in a motor vehicle accident if he is not represented by counsel, may, prior to the filing of a civil action for personal injuries sustained as a result of a motor vehicle accident, request in writing that the insurer disclose (i) the limits of liability of any motor vehicle liability or any personal injury liability insurance policy that may be applicable to the claim and (ii) the physical address, if known, of the alleged tortfeasor who is insured by the insurer, if not previously reported to the requesting party. The requesting party shall provide the insurer with the date of the motor vehicle accident, the name and last known address of the alleged tortfeasor if it has been reported to the requesting party, a copy of the accident report, if any, and the claim number, if available. The insurer shall provide the alleged tortfeasor's physical address within 30 days of the receipt of the request. When requesting the limits of liability, the requesting party shall also submit to the insurer the injured person's medical records, medical bills, and wage-loss documentation, if applicable, pertaining to the claimed injury. If (a) the total of the medical bills and wage losses submitted equals or exceeds $12,500 or (b) regardless of the amount of losses, the alleged tortfeasor was charged with an offense under § 18.2-51.4 , 18.2-266 , 18.2-266.1 , 18.2-268.3 , or 46.2-341.24 and the injured person's injuries arose from the same incident that resulted in such charge, the insurer shall respond in writing within 30 days of receipt of the request and shall disclose the limits of liability at the time of the accident of all such policies, regardless of whether the insurer contests the applicability of the policy to the injured person's claim, and the insured's address. Disclosure of the policy limits under this section shall not constitute an admission that the alleged injury or damage is subject to the policy. Information concerning the insurance policy is not by reason of disclosure pursuant to this subsection admissible as evidence at trial.

D. After he gives written notice that he represents the personal representative of the estate of a decedent who died as a result of a motor vehicle accident, an attorney, or the personal representative of the estate of the decedent who died as a result of a motor vehicle accident if he is not represented by counsel, may, prior to the filing of a civil action for wrongful death as a result of a motor vehicle accident, request in writing that the insurer disclose (i) the limits of liability of any motor vehicle liability insurance policy or any personal injury liability insurance policy that may be applicable to the claim and (ii) the physical address, if known, of the alleged tortfeasor who is insured by the insurer, if not previously reported to the requesting party. The requesting party shall provide the insurer with the date of the motor vehicle accident, the name and last known address of the alleged tortfeasor if it has been reported to the requesting party, a copy of the accident report, if any, and the claim number, if available. The insurer shall provide the alleged tortfeasor's physical address within 30 days of the receipt of the request. When requesting the limits of liability, the requesting party shall submit to the insurer the death certificate of the decedent; the certificate of qualification of the personal representative of the decedent's estate; the names and relationships of the statutory beneficiaries of the decedent; medical bills, if any, supporting a claim for damages under subdivision 3 of § 8.01-52 ; and, if at the time the request is made a claim for damages under clause (i) of subdivision 2 of § 8.01-52 is anticipated, a description of the source, amount, and payment history of the claimed income loss for each beneficiary. The insurer shall respond in writing within 30 days of receipt of the request and shall disclose the limits of liability at the time of the accident of all such policies, regardless of whether the insurer contests the applicability of the policy to the personal representative's claim, and the insured's address. Disclosure of the policy limits under this section shall not constitute an admission that the alleged death or other damage is subject to the policy. Information concerning the insurance policy is not by reason of disclosure pursuant to this subsection admissible as evidence at trial.

E. For purposes of subsections C and D, if the alleged tortfeasor has insurance coverage from a self-insured locality for a motor vehicle accident, as described in this section, and the locality is authorized by the alleged tortfeasor to accept service of process on behalf of the alleged tortfeasor and agrees to do so, the locality, in its discretion and instead of disclosing the alleged tortfeasor's home address, may disclose the insured's work address and the name and address of the person who shall accept service of process on behalf of the alleged tortfeasor. If the locality makes such a disclosure, the locality shall not be required to disclose the alleged tortfeasor's home address.

F. As used in subsections C and D, "insurer" does not include the insurance agency or the insurance agent representing the alleged tortfeasor as the authorized representative or agent with respect to the alleged tortfeasor's motor vehicle insurance policy.

Code 1950, § 8-628.2; 1954, c. 390; 1977, c. 617; 2004, c. 345 ; 2005, c. 211 ; 2008, c. 819 ; 2010, cc. 354 , 435 ; 2015, c. 711 ; 2016, cc. 241 , 267 ; 2018, c. 479 ; 2021, Sp. Sess. I, c. 88 .
Va. Code Ann. § 8.01-225.3 — Virginia Code / Title 8.01 / Chapter 3 / Article 21 / Section 8.01-225.3
Immunity for volunteer first responders en route to an emergency
Status: in_force

Notwithstanding any other provision of law, no volunteer firefighter or volunteer emergency medical services personnel shall be liable for any injury to persons or property arising out of the operation of an emergency vehicle as defined in § 46.2-920 when such volunteer is en route to respond to a fire or to render emergency care or assistance to any ill or injured person at the scene of an accident, fire, or life-threatening emergency and the emergency vehicle displays warning lights as provided in § 46.2-1022 or 46.2-1023 and sounds a siren, exhaust whistle, or air horn, unless such injury results from gross negligence or willful or wanton misconduct. The immunity provided by this section shall be in addition to, not in lieu of, any other applicable immunity provided by state or federal law, including § 2.2-3605 or 27-6.02 .

2015, c. 417 .
Va. Code Ann. § 8.01-225.03 — Virginia Code / Title 8.01 / Chapter 3 / Article 21 / Section 8.01-225.03
Certain immunity for certain hospices, home care organizations, private providers, assisted living facilities, and adult day centers during a disaster under specific circumstances
Status: in_force

A. As used in this section:

"Disaster" or "emergency" means a public health emergency related to the COVID-19 virus declared by the Governor pursuant to § 44-146.17 and set forth in Executive Order 51 (2020) on March 12, 2020.

B. In the absence of gross negligence or willful misconduct, any (i) hospice licensed pursuant to § 32.1-162.3 , (ii) home care organization licensed pursuant to § 32.1-162.9 , (iii) private provider licensed by the Department of Behavioral Health and Developmental Services pursuant to Article 2 (§ 37.2-403 et seq.) of Chapter 4 of Title 37.2, (iv) assisted living facility licensed pursuant to § 63.2-1701 , or (v) adult day center licensed pursuant to § 63.2-1701 that delivers care to or withholds care from a patient, resident, or person receiving services who is diagnosed as being or is believed to be infected with the COVID-19 virus shall not be liable for any injury or wrongful death of such patient, resident, or person receiving services arising from the delivery or withholding of care when the emergency and subsequent conditions caused by the emergency result in a lack of resources, attributable to the disaster, that render such hospice, home care organization, private provider licensed by the Department of Behavioral Health and Developmental Services, assisted living facility, or adult day center unable to provide the level or manner of care that otherwise would have been required in the absence of the emergency and that resulted in the injury or wrongful death at issue.

C. The immunity provided by this section shall be in addition to, and not be in lieu of, any immunities provided in other state or federal law, including §§ 8.01-225 and 44-146.23 .

D. The immunity provided by this section shall only apply to causes of action arising between March 12, 2020, and such time as the declaration of a state of emergency related to the COVID-19 virus set forth in Executive Order 51 (2020) is no longer in effect.

2020, Sp. Sess. I, cc. 6 , 7 ; 2024, cc. 37 , 150 .
Va. Code Ann. § 8.01-156 — Virginia Code / Title 8.01 / Chapter 3 / Article 14 / Section 8.01-156
Authority of sheriffs, etc., to store and sell personal property removed from premises; recovery of possession by owner; disposition or sale
Status: in_force

In any county or city, when personal property is removed from premises pursuant to an action of unlawful detainer or ejectment, or pursuant to any other action in which personal property is removed from premises in order to restore such premises to the person entitled thereto, the sheriff shall oversee the removal of such personal property and it shall be placed in a storage area designated by the governing body of the county or city if such an area has been so designated, or, in the case of a manufactured home, at the request of the owner of the real property, to be placed into a storage area designated by the owner of the real property which may be the manufactured home lot or other location within the manufactured home park, unless the owner of such personal property then and there removes it from the public way. The sheriff and the owner of the real property shall not have any liability for the loss of any such manufactured home remaining on the manufactured home lot, nor shall they have any liability for the loss of any removed personal property.

The owner, before obtaining possession of such personal property so placed in a storage area shall pay to the parties entitled thereto the reasonable and necessary costs incidental to such removal and storage. Should such owner fail or refuse to pay such costs within 30 days from the date of placing the property in storage, the sheriff shall, after due notice to the owner and holders of liens of record, dispose of the property by publicly advertised public sale. The proceeds from such sale shall be used to pay all costs of removal, storage, and sale, all fees and liens, and the balance of such funds shall be paid to the person entitled thereto. Should the cost of removal and storage exceed the proceeds realized from such sale the county or city shall reimburse the sheriff for such excess, except that any such excess costs related to the disposal of a manufactured home shall be paid by the owner of the real property from which the manufactured home was removed. The sheriff, in his discretion, may refuse to remove or dispose of such manufactured home until the owner of the real property pays to the sheriff the estimated cost of such removal and disposition. Subsequent to disposition, the sheriff shall reimburse the owner to the extent the actual cost is less than the estimated cost, or shall request additional payment to the extent the actual cost exceeds the estimated cost.

Code 1950, § 8-825.1; 1964, c. 387; 1977, c. 617; 1992, c. 454; 1993, c. 16; 2005, c. 791 ; 2006, c. 129 .
Va. Code Ann. § 8.01-581.24 — Virginia Code / Title 8.01 / Chapter 21.2 / Section 8.01-581.24
Standards and duties of mediators; confidentiality; liability
Status: in_force

A mediator selected to conduct a mediation under this chapter may encourage and assist the parties in reaching a resolution of their dispute, but may not compel or coerce the parties into entering into a settlement agreement. A mediator has an obligation to remain impartial and free from conflicts of interest in each case, and to decline to participate further in a case should such partiality or conflict arise. Unless expressly authorized by the disclosing party, the mediator may not disclose to either party information relating to the subject matter of the mediation provided to him in confidence by the other. A mediator shall not disclose information exchanged or observations regarding the conduct and demeanor of the parties and their counsel during the mediation, unless the parties otherwise agree.

However, where the dispute involves the support of minor children of the parties, the parties shall disclose to each other and to the mediator the information to be used in completing the child support guidelines worksheet required by § 20-108.2 . The guidelines computations and any reasons for deviation shall be incorporated in any written agreement by the parties.

2002, c. 718 .
Va. Code Ann. § 8.01-423 — Virginia Code / Title 8.01 / Chapter 15 / Section 8.01-423
When plaintiff claims as assignee or transferee
Status: in_force

If the plaintiff claims as assignee or transferee under a person with whom the contract sued on was originally made, and the defendant's claim exceeds the plaintiff's demand, the defendant:

1. In his counterclaim, may waive the benefit of his claim as to any excess beyond the plaintiff's claim, whereupon, the further proceedings shall be upon the plaintiff's claim and the defendant's counterclaim as a defense thereto; or

2. Instead of such waiver such defendant may, by rule issued by the court, to which rule shall be attached a copy of the counterclaim and served on the person, under whom plaintiff claims as aforesaid, make such person a party to the action; and, on the trial of the case, the jury shall ascertain and apply, the amount and interest to which the defendant is entitled; and, for any excess beyond the plaintiff's demand for which such person under whom the plaintiff claims as aforesaid is liable, with such interest as the court or jury allows, judgment shall be rendered for the defendant against such person.

Code 1950, § 8-246; 1954, c. 619; 1977, c. 617.
Va. Code Ann. § 8.01-697 — Virginia Code / Title 8.01 / Chapter 27 / Section 8.01-697
Access to Department of Corrections records
Status: in_force

All records maintained by the Department of Corrections in the name of individual prisoners, including prisoner medical records, shall be the property of the Department. Notwithstanding the provisions of § 32.1-127.1:03 , in any civil suit subject to this chapter, where the Commonwealth, an agency of the Commonwealth, an employee of the Commonwealth, or a private contractor providing services to the Department of Corrections is named as a defendant, the Director of the Department may share any records maintained by the Department in the name of the prisoner filing suit with counsel representing the above-named defendants.

2006, c. 435 .
Va. Code Ann. § 8.01-377 — Virginia Code / Title 8.01 / Chapter 13 / Section 8.01-377
Remedy when variance appears between evidence and allegations
Status: in_force

If, at the trial of any action, there appears to be a variance between the evidence and the allegations or recitals, the court, if it consider that substantial justice will be promoted and that the opposite party cannot be prejudiced thereby, may allow the pleadings to be amended, on such terms as to the payment of costs or postponement of the trial, or both, as it may deem reasonable. Or, instead of the pleadings being amended, the court may direct the jury to find the facts, and, after such finding, if it consider the variance such as could not have prejudiced the opposite party, shall give judgment according to the right of the case.

Code 1950, § 8-217; 1977, c. 617.
Va. Code Ann. § 8.01-465.13:8 — Virginia Code / Title 8.01 / Chapter 17.2 / Section 8.01-465.13:8
Statute of limitations
Status: in_force

An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 15 years from the date that the foreign-country judgment became effective in the foreign country.

2014, c. 462 .
Va. Code Ann. § 8.01-74 — Virginia Code / Title 8.01 / Chapter 3 / Article 8 / Section 8.01-74
Leases on behalf of persons under disability; new leases
Status: in_force

A. Leases on behalf of persons under a disability. -- When a person under a disability is entitled to or bound to renew any lease, any fiduciary on behalf of such person under a disability or any other interested person may apply by motion after reasonable notice to parties having a present interest in the property to be leased, to the circuit court as prescribed in subdivision 3 of § 8.01-261 , and by the order of the court any person appointed by it may, from time to time, surrender or accept a surrender of such lease, or take or make a new lease of the same premises for such term and with such provisions as the court directs. Such reasonable sums as are incurred to renew any such lease shall, with interest thereon, be paid out of the profits of the leasehold premises, and be a charge thereon until payment.

B. New leases. -- When it shall appear to a circuit court that the interests of a person under a disability will be promoted by the execution of a new lease, where no prior lease exists, any fiduciary or any other person interested in the subject matter may apply in like summary fashion as stated in subsection A of this section and upon showing to the satisfaction of the court that the provisions therein were complied with, including reasonable notice to parties having a present interest to the property to be leased, the circuit court upon the consideration of the probable length of the disability and the duration of the proposed lease, may order such lease to be executed. Such lease may be renewed or surrendered at any time pursuant to subsection A of this section and under such conditions as the court may direct.

Code 1950, § 8-674; 1952, c. 360; 1977, c. 617.
Va. Code Ann. § 8.01-670.2 — Virginia Code / Title 8.01 / Chapter 26 / Article 2 / Section 8.01-670.2
Appeal of interlocutory orders and decrees; immunity
Status: in_force

A. When, prior to the commencement of trial, the circuit court has entered in any pending civil action an order granting or denying a plea of sovereign, absolute, or qualified immunity that, if granted, would immunize the movant from compulsory participation in the proceeding, the order is eligible for immediate appellate review. Any person aggrieved by such order may, within 15 days of the entry of such order, file a petition for review with the Supreme Court in accordance with the procedures set forth in § 8.01-626 .

B. No petition under this section shall stay proceedings in the circuit court unless the circuit court finds or the Supreme Court orders such a stay upon a finding that (i) the petition could be dispositive of the entire civil action or (ii) there exists good cause, other than the pending petition or appeal, to stay the proceedings.

C. The failure of a party to seek interlocutory review in accordance with this section shall not preclude review of the issue on appeal from a final order. An order by the Supreme Court denying interlocutory review in accordance with this section shall not preclude review of the issue on appeal from a final order, unless the order denying such interlocutory review provides for such preclusion.

2023, c. 741 .
Va. Code Ann. § 8.01-581.15 — Virginia Code / Title 8.01 / Chapter 21.1 / Article 2 / Section 8.01-581.15
Limitation on recovery in certain medical malpractice actions
Status: in_force

In any verdict returned against a health care provider in an action for malpractice where the act or acts of malpractice occurred on or after August 1, 1999, which is tried by a jury or in any judgment entered against a health care provider in such an action which is tried without a jury, the total amount recoverable for any injury to, or death of, a patient shall not exceed the following, corresponding amount:

In any verdict returned against a health care provider in an action for malpractice where the act or acts of malpractice occurred on or after July 1, 2031, which is tried by a jury or in any judgment entered against a health care provider in such an action which is tried without a jury, the total amount recoverable for any injury to, or death of, a patient shall not exceed $3 million. Each annual increase shall apply to the act or acts of malpractice occurring on or after the effective date of the increase.

Where the act or acts of malpractice occurred prior to August 1, 1999, the total amount recoverable for any injury to, or death of, a patient shall not exceed the limitation on recovery set forth in this statute as it was in effect when the act or acts of malpractice occurred.

In interpreting this section, the definitions found in § 8.01-581.1 shall be applicable.

Code 1950, §§ 8-654.8; 1976, c. 611; 1977, c. 617; 1983, c. 496; 1999, c. 711 ; 2001, c. 211 ; 2011, cc. 758 , 759 .
Va. Code Ann. § 8.01-325 — Virginia Code / Title 8.01 / Chapter 8 / Article 4 / Section 8.01-325
Return by person serving process
Status: in_force

A. Unless otherwise directed by the court, the person serving process shall make return thereof to the clerk's office within seventy-two hours of service, except when such return would be due on a Saturday, Sunday, or legal holiday. In such case, the return is due on the next day following such Saturday, Sunday, or legal holiday. The process shall state thereon the date and manner of service and the name of the party served.

B. Proof of service shall be in the following manner:

1. If service by sheriff, the form of the return of such sheriff as provided by the Rules of the Supreme Court; or

2. If service by any other person qualified under § 8.01-293 , whether service made in or out of the Commonwealth, his affidavit of such qualifications; the date and manner of service and the name of the party served; and stamped, typed, or printed on the return of process, an annotation that the service was by a private server, and the name, address, and telephone number of the server; or

3. In case of service by publication, the affidavit of the publisher or his agent giving the dates of publication and an accompanying copy of the published order.

C. The clerk's office shall accept a photocopy, facsimile, or other copy of the original proof of service as if it were an original, provided that the proponent provides a statement that any such copy is a true copy of the original.

Code 1950, §§ 8-52, 8-329; 1977, c. 617; 1996, c. 538 ; 2020, c. 158 .
Va. Code Ann. § 8.01-326 — Virginia Code / Title 8.01 / Chapter 8 / Article 4 / Section 8.01-326
Return as proof of service
Status: in_force

No return shall be conclusive proof as to service of process. The return of a sheriff shall be prima facie evidence of the facts therein stated, and the return of a qualified individual under subdivision 2 of § 8.01-293 shall be evidence of the facts stated therein.

1977, c. 627.
Va. Code Ann. § 8.01-27 — Virginia Code / Title 8.01 / Chapter 3 / Article 2 / Section 8.01-27
Civil action on note or writing promising to pay money
Status: in_force

A civil action may be maintained upon any note or writing by which there is a promise, undertaking, or obligation to pay money, if the same be signed by the party who is to be charged thereby, or his agent. The action may also be maintained on any such note or writing for any past due installment on a debt payable in installments, although other installments thereof be not due.

Code 1950, § 8-509; 1954, c. 333; 1977, c. 617.
Va. Code Ann. § 8.01-42.3 — Virginia Code / Title 8.01 / Chapter 3 / Article 3 / Section 8.01-42.3
Civil action for stalking
Status: in_force

A. A victim has a civil cause of action against an individual who engaged in conduct that is prohibited under § 18.2-60.3 , whether or not the individual has been charged or convicted for the alleged violation, for the compensatory damages incurred by the victim as a result of that conduct, in addition to the costs for bringing the action. If compensatory damages are awarded, a victim may also be awarded punitive damages.

B. As used in this section:

"Compensatory damages" includes damages for all of the defendant's acts prohibited by § 18.2-60.3 .

"Victim" means a person who, because of the conduct of the defendant that is prohibited under § 18.2-60.3 , was placed in reasonable fear of death, criminal sexual assault, or bodily injury to himself or to a minor child of whom the person is a parent or legal guardian.

C. No action shall be commenced under this section more than two years after the most recent conduct prohibited under § 18.2-60.3 .

2001, c. 444 .
Va. Code Ann. § 8.01-465.1 — Virginia Code / Title 8.01 / Chapter 17.1 / Section 8.01-465.1
Application of chapter
Status: in_force

As used in this chapter "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.

1988, c. 539.
Va. Code Ann. § 8.01-618.1 — Virginia Code / Title 8.01 / Chapter 23 / Section 8.01-618.1
Fees of special receivers and commissioners for reports
Status: in_force

Special receivers and commissioners may charge, for the reports made under § 8.01-617 , the same fees allowed by law to commissioners in chancery for other reports, to be paid out of the fund in court, and charged to the respective cases therein, in such proportions as the court deems appropriate.

Code 1950, § 8-262; 1977, c. 624, § 14.1-133.1; 1998, c. 872 .
Va. Code Ann. § 8.01-46.2 — Virginia Code / Title 8.01 / Chapter 3 / Article 4 / Section 8.01-46.2
Civil action for dissemination of intimate images to another; penalty
Status: in_force

A. As used in this section:

"Electronic communication device" means the same as that term is defined in § 18.2-190.1 .

"Intimate image" means a photograph, film, video, recording, digital picture, or other visual reproduction of a person 18 years of age or older who is in a state of undress so as to expose the human male or female genitals.

B. Any person 18 years of age or older who knowingly transmits an intimate image by computer or other electronic means to the computer or electronic communication device of another person 18 years of age or older when such other person has not consented to the use of his computer or electronic communication device for the receipt of such material or has expressly forbidden the receipt of such material shall be considered a trespass and shall be liable to the recipient of the intimate image for actual damages or $500, whichever is greater, in addition to reasonable attorney fees and costs. The court may also enjoin and restrain the defendant from committing such further acts.

The remedies provided by this section are cumulative and shall not be construed as restricting a remedy that is available under any other law.

C. The provisions of this section shall not apply to (i) any Internet service provider, mobile data provider, or operator of an online or mobile application, to the extent that such entity is transmitting, routing, or providing connections for electronic communications initiated by or at the direction of another; (ii) any service that transmits an intimate image, including an on-demand, subscription, or advertising-supported service; (iii) a health care provider as defined in § 8.01-581.1 that transmits an intimate image for a legitimate medical purpose; or (iv) any transmission of commercial electronic mail as defined in § 18.2-152.2 .

D. Venue for an action under this section may lie in the jurisdiction where the intimate image is transmitted from or where the intimate image is received or possessed by the plaintiff.

2022, c. 523 .
Va. Code Ann. § 8.01-377.1 — Virginia Code / Title 8.01 / Chapter 13 / Section 8.01-377.1
Summary judgment
Status: in_force

In any action at law or equity at the close of all the evidence, any party may move for a summary judgment upon the entire case or upon any severable issue including the issue of liability alone although there is a genuine issue as to damages.

1990, c. 628.
Va. Code Ann. § 8.01-216.16 — Virginia Code / Title 8.01 / Chapter 3 / Article 19.1 / Section 8.01-216.16
Civil investigative demands; oral examinations
Status: in_force

A. The examination of any person pursuant to a civil investigative demand for oral testimony served under this article shall be taken before an officer authorized to administer oaths under the laws of this Commonwealth or of the place where the examination is held. The officer before whom the testimony is to be taken shall put the witness on oath and shall, personally or by someone acting under the direction of the officer and in the officer's presence, record the testimony of the witness. The testimony shall be taken stenographically and shall be transcribed. When the testimony is fully transcribed, the officer before whom the testimony is taken shall promptly transmit a copy of the transcript of the testimony to the Attorney General. This section shall not preclude the taking of testimony by any means authorized by and in a manner consistent with the Rules of the Supreme Court of Virginia.

B. The investigator conducting the examination shall exclude from the place where the examination is held all persons except the person giving the testimony, the attorney for and any other representative of the person giving the testimony, the attorney for the Commonwealth, any person who may be agreed upon by the attorney for the Commonwealth and the person giving the testimony, the officer before whom the testimony is to be taken, and any court reporter taking such testimony.

C. The oral testimony of any person taken pursuant to a civil investigative demand served under this article shall be taken in the county or city within which such person resides, is found, or transacts business or in such other place as may be agreed upon by the investigator conducting the examination and such person.

D. When the testimony is fully transcribed, the investigator or the officer before whom the testimony is taken shall afford the witness, who may be accompanied by counsel, a reasonable opportunity to examine and read the transcript, unless such examination and reading are waived by the witness. Any changes in form or substance that the witness desires to make shall be entered and identified upon the transcript by the officer or the investigator, with a statement of the reasons given by the witness for making such changes. The transcript shall then be signed by the witness, unless the witness in writing waives the signing, is ill, cannot be found, or refuses to sign. If the transcript is not signed by the witness within thirty days after being afforded a reasonable opportunity to examine it, the officer or the investigator shall sign it and state on the record the fact of the waiver, illness, absence of the witness, or the refusal to sign, together with the reasons, if any, given therefor.

E. The officer before whom the testimony is taken shall certify on the transcript that the witness was sworn by the officer and that the transcript is a true record of the testimony given by the witness, and the officer or investigator shall promptly deliver the transcript, or send the transcript by registered or certified mail, to the Attorney General.

F. Upon payment of reasonable charges therefor, the investigator shall furnish a copy of the transcript to the witness only, except that the Attorney General may, for good cause, limit such witness to inspection of the official transcript of the witness' testimony.

G. Any person compelled to appear for oral testimony under a civil investigative demand may be accompanied, represented, and advised by counsel. Counsel may advise such person, in confidence, with respect to any question asked of such person. Such person or counsel may object on the record to any question, in whole or in part, and shall briefly state for the record the reason for the objection. An objection may be made, received, and entered upon the record when it is claimed that such person is entitled to refuse to answer the question on the grounds of any constitutional or other legal right or privilege. Such person may not otherwise object to or refuse to answer any question, and may not directly or through counsel otherwise interrupt the oral examination. If such person refuses to answer any question, a petition may be filed in the circuit court for an order compelling such person to answer such question. If such person refuses to answer any question on the grounds of the privilege against self-incrimination, the testimony of such person may be compelled in accordance with applicable law.

H. Any person appearing for oral testimony under a civil investigative demand issued under this article shall be entitled to the same fees and allowances paid to witnesses in the circuit court.

2002, c. 842 .
Va. Code Ann. § 8.01-219 — Virginia Code / Title 8.01 / Chapter 3 / Article 21 / Section 8.01-219
Effect of judgment in trover
Status: in_force

A judgment for the plaintiff in an action of trover shall not operate to transfer the title to the property converted unless and until such judgment has been satisfied.

Code 1950, § 8-648; 1977, c. 617.
Va. Code Ann. § 8.01-26 — Virginia Code / Title 8.01 / Chapter 3 / Article 1 / Section 8.01-26
Assignment of causes of action
Status: in_force

Only those causes of action for damage to real or personal property, whether such damage be direct or indirect, and causes of action ex contractu are assignable. The provisions of this section shall not prohibit any injured party or his estate from making a voluntary assignment of the proceeds or anticipated proceeds of any court award or settlement (i) as security for new value given in consideration of such voluntary assignment or (ii) into a self-settled trust for which the injured party is the beneficiary. Such self-settled trust may also support the charitable purpose of one or more charitable organizations organized and operated pursuant to § 501(c)(3) of the Internal Revenue Code.

1977, c. 617; 1991, c. 256; 2025, c. 295 .
Va. Code Ann. § 8.01-15 — Virginia Code / Title 8.01 / Chapter 2 / Article 2 / Section 8.01-15
Suits by and against unincorporated associations or orders
Status: in_force

All unincorporated associations or orders may sue and be sued under the name by which they are commonly known and called, or under which they do business, and judgments and executions against any such association or order shall bind its real and personal property in like manner as if it were incorporated.

Code 1950, § 8-66; 1962, c. 250; 1977, c. 617.
Va. Code Ann. § 8.01-525.9 — Virginia Code / Title 8.01 / Chapter 18.1 / Article 2 / Section 8.01-525.9
Debts; order of payment
Status: in_force

The trustee shall immediately upon receipt of such salary, wages, or income, or at such other time as the court may direct, disburse the funds as follows:

1. The trustee shall first pay to the debtor directly, or for his benefit as the court may direct, any amount the debtor may be entitled to as exempt by law if he is a householder and head of a family or, if he is not a householder or head of a family, then such amount for the necessities of life as may be agreed upon by the creditors in the assignment. Nothing in this subdivision shall prevent the trustee from paying to the debtor a greater amount than is exempt by law if agreed to by the creditors and approved by the court.

2. The trustee shall next pay, according to such funds as he has in his possession, a pro rata share of the balance to all the creditors on an equal basis or in such proportions as the creditors may agree.

1936, p. 524; Michie Code 1942, § 5278g; Code 1950, § 55-164; 2019, c. 712 .
Va. Code Ann. § 8.01-418 — Virginia Code / Title 8.01 / Chapter 14 / Article 9 / Section 8.01-418
When plea of guilty or nolo contendere, finding of guilt in absentia, or forfeiture in criminal prosecution or traffic case admissible in civil action; proof of such plea, finding, or forfeiture
Status: in_force

Whenever, in any civil action, it is contended that any party thereto pled guilty or nolo contendere, was found guilty in absentia, or suffered a forfeiture in a prosecution for a criminal offense or traffic infraction which arose out of the same occurrence upon which the civil action is based, evidence of said plea, finding, or forfeiture as shown by the records of the criminal court shall be admissible. Where the records of the court in which such prosecution was had are silent or ambiguous as to whether or not such plea or finding was made or forfeiture occurred, the court hearing the civil case shall admit such evidence on the question of such plea, finding, or forfeiture as may be relevant, and the question of whether such plea or finding was made or forfeiture suffered shall be a question for the court to determine.

Code 1950, § 8-267.1; 1970, c. 354; 1977, c. 617; 1986, c. 46; 2023, c. 278 .
Va. Code Ann. § 8.01-17 — Virginia Code / Title 8.01 / Chapter 2 / Article 3 / Section 8.01-17
When party whose powers cease is defendant
Status: in_force

A. When the party whose powers cease is a defendant, the plaintiff may continue his suit against him to final judgment or decree; provided that a successor in interest may be substituted in accordance with the Rules of Court; and provided further that upon motion the court may order that the suit proceed against the former party as well as the successor.

B. The provisions of this section shall not apply when a public officer who is a party in an official capacity dies, resigns, or otherwise ceases to hold office while an action is pending. In any such instance, such public officer's successor shall be automatically substituted as a party when the only claim in such action was made against the former public officer in his official capacity.

Code 1950, § 8-152; 1954, c. 333; 1977, c. 617; 2025, c. 460 .
Va. Code Ann. § 8.01-465.15 — Virginia Code / Title 8.01 / Chapter 17.3 / Section 8.01-465.15
Scope
Status: in_force

This chapter applies only to a foreign-money claim in an action or distribution proceeding and applies to foreign-money issues even if other law under the conflict-of-laws rules of the Commonwealth applies to other issues in the action or distribution proceeding.

1991, c. 24.
Va. Code Ann. § 8.01-350 — Virginia Code / Title 8.01 / Chapter 11 / Article 3 / Section 8.01-350
Repealed
Status: repealed

Repealed by Acts 1977, c. 451.
Va. Code Ann. § 8.01-117 — Virginia Code / Title 8.01 / Chapter 3 / Article 12 / Section 8.01-117
Exceptions to sufficiency of bonds
Status: in_force

Either party may file exceptions to the sufficiency of the bond of the other or of the claimant of the property, if he has given bond, or such claimant may file exceptions to the sufficiency of the bond of either party. The court before whom the proceeding is pending, may, on the motion of either party or of the claimant, after reasonable notice to the others, pass upon such exceptions and make such order thereupon as may be just and reasonable.

Code 1950, § 8-589; 1977, c. 617; 1993, c. 841.
Va. Code Ann. § 8.01-581.10 — Virginia Code / Title 8.01 / Chapter 21.1 / Article 1 / Section 8.01-581.10
Per diem and expenses of panel
Status: in_force

Each member of the medical review panel shall be reimbursed for his actual and necessary expenses and shall be paid at a rate of fifty dollars per diem for work performed as a member of the panel exclusive of time involved if called as a witness to testify in court. Per diem and expenses of the panel shall be borne by the parties in such proportions as may be determined by the chairman in his discretion.

Code 1950, § 8-920; 1976, c. 611; 1977, c. 617; 1984, c. 777.
Va. Code Ann. § 8.01-400.1 — Virginia Code / Title 8.01 / Chapter 14 / Article 4 / Section 8.01-400.1
Privileged communications by interpreters for the deaf (Supreme Court Rule 2:507 derived in part from this section)
Status: in_force

Whenever a deaf person communicates through an interpreter to any person under such circumstances that the communication would be privileged, and such person could not be compelled to testify as to the communications, this privilege shall also apply to the interpreter.

1978, c. 601.
Va. Code Ann. § 8.01-227.16 — Virginia Code / Title 8.01 / Chapter 3 / Article 25 / Section 8.01-227.16
Passenger tramways
Status: in_force

A. Each operator shall be responsible for the safe operation and maintenance of each passenger tramway in its winter sports area whenever the tramway is in use, and for the safe construction of any passenger tramway that the operator constructed. At least once during each calendar year, each operator shall have all passenger tramways within the operator's winter sports area inspected by an individual who is qualified pursuant to Virginia law to inspect passenger tramways for compliance with the requirements of the ANSI Ski Lift Code and shall not operate a passenger tramway that is not in compliance until that passenger tramway is certified by such an individual as being in compliance. An operator's compliance with this inspection requirement does not by itself preclude potential liability on the part of the operator for any failure to operate or maintain a passenger tramway safely.

B. If a participant or a passenger using a passenger tramway at a winter sports area with the permission of the operator is unfamiliar with the use of a passenger tramway and asks for instruction on its use, the operator shall provide a reasonable opportunity for such instruction. In addition to the signs required by subsections A, B, and D of § 8.01-227.12 , an operator shall install and maintain at or near the loading area for each passenger tramway in the winter sports area a sign stating that if a participant or other passenger is unfamiliar with the use of the passenger tramway and asks for instruction for its use, the operator will provide a reasonable opportunity for such instruction.

2012, c. 713 .
Va. Code Ann. § 8.01-672 — Virginia Code / Title 8.01 / Chapter 26 / Article 2 / Section 8.01-672
Repealed
Status: repealed

Repealed by Acts 2021, Sp. Sess. I, c. 489 , cl. 2, effective January 1, 2022.
Va. Code Ann. § 8.01-552 — Virginia Code / Title 8.01 / Chapter 20 / Article 2 / Section 8.01-552
Repealed
Status: repealed

Repealed by Acts 1984, c. 646.
Va. Code Ann. § 8.01-295 — Virginia Code / Title 8.01 / Chapter 8 / Article 3 / Section 8.01-295
Territorial limits within which sheriff may serve process in his official capacity; process appearing to be duly served
Status: in_force

The sheriff may execute such process throughout the political subdivision in which he serves and in any contiguous county or city. If the process appears to be duly served, and is good in other respects, it shall be deemed valid although not directed to an officer, or if directed to any officer, though executed by some other person. This section shall not be construed to require the sheriff to serve such process in any jurisdiction other than in his own.

Code 1950, § 8-50; 1977, c. 617; 1982, c. 674.
Va. Code Ann. § 8.01-581.18 — Virginia Code / Title 8.01 / Chapter 21.1 / Article 2 / Section 8.01-581.18
Delivery of results of laboratory tests and other examinations not authorized by physician
Status: in_force

A. Whenever a laboratory test or other examination of the physical or mental condition of any person is conducted by or under the supervision of a person other than a physician and not at the request or with the authorization of a physician, any report of the results of such test or examination shall be provided by the person conducting such test or examination to the person who was the subject of such test or examination. Such report shall state in bold type that it is the responsibility of the person so examined or tested to arrange with his physician for consultation and interpretation of the results of such test or examination. The provisions of this subsection shall not apply to any test or examination conducted under the auspices of the State Department of Health.

B. As used in this section and § 8.01-581.18:1 , "physician" means a person licensed to practice medicine, podiatry, chiropractic or osteopathy in this Commonwealth pursuant to Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1.

Code 1950, § 8-654.11; 1977, c. 527; 1993, c. 702; 2006, cc. 684 , 877 .
Va. Code Ann. § 8.01-177 — Virginia Code / Title 8.01 / Chapter 3 / Article 15 / Section 8.01-177
When such value to be deemed real estate
Status: in_force

If the party by or for whom the land is claimed in the suit be a person under a disability, such value shall be deemed to be real estate, and be disposed of as the court may consider proper for the benefit of the persons interested therein.

Code 1950, § 8-855; 1977, c. 617.
Va. Code Ann. § 8.01-545 — Virginia Code / Title 8.01 / Chapter 20 / Article 1 / Section 8.01-545
Amendments; formal defects
Status: in_force

Such amendments shall be allowed of the petition, answer and of any of the other proceedings in the attachment as shall be conducive to the attainment of the ends of substantial justice, and upon such terms as to continuance and costs as may seem proper. An amendment when made shall as against the principal defendant and as to claims against him existing at the time the attachment was issued relate back to the time of the levy of the attachment, unless otherwise directed. No attachment shall be quashed or dismissed for mere formal defects.

Code 1950, § 8-532; 1977, c. 617.
Va. Code Ann. § 8.01-372 — Virginia Code / Title 8.01 / Chapter 12 / Article 2 / Section 8.01-372
Sale despite bond when property perishable, etc
Status: in_force

In such case as is mentioned in § 8.01-371 and whether a forthcoming bond is given or not, if the property be expensive to keep or perishable, the court in which proceedings in the case under § 8.01-365 are pending or may be had, may, before a decision of the rights of the parties under such proceedings, on the application of such claimant or of the surety in such suspending or forthcoming bond, after reasonable notice of the intended application has been given by such claimant or the surety to the other parties in the case, order a sale of the property, or any part thereof, on such terms as the court may deem advisable. The court shall apply the proceeds according to the rights of the parties when determined.

Code 1950, § 8-234; 1977, c. 617.
Va. Code Ann. § 8.01-171 — Virginia Code / Title 8.01 / Chapter 3 / Article 15 / Section 8.01-171
Verdict for balance, after offsetting damages against improvements
Status: in_force

After offsetting the damages assessed for the plaintiff and the allowances to the defendant for improvements, if any, the jury shall find a verdict for the balance for the plaintiff or defendant, as the case may be, and judgment or decree shall be entered therefor according to the verdict.

Code 1950, § 8-847; 1977, c. 617.
Va. Code Ann. § 8.01-347 — Virginia Code / Title 8.01 / Chapter 11 / Article 3 / Section 8.01-347
How names put in jury box
Status: in_force

When such list is made out, the commissioners shall cause all the names thereon to be fairly written, each on a separate paper or ballot, and shall so fold or roll up the ballots that they will resemble each other as nearly as may be and the names written thereon will not be visible on the outside, and shall deposit the ballots with the list in a secure box prepared for that purpose. Such box shall be locked and safely kept by the clerk of such court and opened only by the direction of the judge thereof.

Code 1950, § 8-208.12; 1973, c. 439; 1977, c. 617.
Va. Code Ann. § 8.01-528 — Virginia Code / Title 8.01 / Chapter 19 / Section 8.01-528
Liability of obligors; how recovery on bond is had
Status: in_force

The obligors in such forfeited bond shall be liable for the money therein mentioned, with interest thereon from the date of the bond till paid, and the costs. The obligee or his personal representative shall be entitled to recover the same by action or motion.

Code 1950, § 8-452; 1977, c. 617.
Va. Code Ann. § 8.01-237 — Virginia Code / Title 8.01 / Chapter 4 / Article 2 / Section 8.01-237
Effect of disabilities upon right of entry on, or action for, land
Status: in_force

Notwithstanding the provisions of subsection A of § 8.01-229 , no disabilities or tacking of disabilities shall preserve to any person or his successors a right to make entry on or bring an action to recover land for more than twenty-five years after such right first accrued, although such person or persons shall have been disabled during the whole of such twenty-five years.

Code 1950, §§ 8-7, 8-8; 1977, c. 617.
Va. Code Ann. § 8.01-541 — Virginia Code / Title 8.01 / Chapter 20 / Article 1 / Section 8.01-541
To whom attachments directed; when and where returned
Status: in_force

Any attachment issued under this chapter may be directed to the sheriff of any county or city. Except when otherwise provided, it shall be returnable to the office of the clerk of court wherein the petition has been filed not more than thirty days from its date of issuance.

Code 1950, § 8-527; 1954, c. 333; 1977, c. 617; 1993, c. 841.
Va. Code Ann. § 8.01-604 — Virginia Code / Title 8.01 / Chapter 22 / Article 3 / Section 8.01-604
How State Treasurer to keep account of such money
Status: in_force

The State Treasurer shall keep an account of all money thus paid to him, showing the amount thereof, when, by whom, and under what order it was paid, and the name of the court, and, as far as practicable, a description of the suit or proceeding in which the order was made, and, as far as known, the names of the parties thereto.

Code 1950, § 8-748; 1977, c. 617; 1981, c. 514; 1982, c. 155.
Va. Code Ann. § 8.01-581.02 — Virginia Code / Title 8.01 / Chapter 21 / Article 2 / Section 8.01-581.02
Proceedings to compel or stay arbitration
Status: in_force

A. On application of a party showing an agreement described in § 8.01-581.01 , and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration. However, if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue of the existence of an agreement and shall order arbitration only if found for the moving party.

B. On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration.

C. If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under subsection A of this section, the application shall be made therein. Otherwise, subject to § 8.01-581.015 , the application may be made in any court of competent jurisdiction.

D. Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this section. However, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include the stay.

E. An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown.

1986, c. 614.
Va. Code Ann. § 8.01-576.3 — Virginia Code / Title 8.01 / Chapter 20.1 / Section 8.01-576.3
Procedures; verdict not binding unless otherwise agreed
Status: in_force

A judge of the court having jurisdiction over the case shall preside over a summary jury trial. Counsel for the parties or, if a party is not represented by counsel, a party shall verbally present a summary of the issues in the case and the evidence on behalf of each party. Evidence for the plaintiff shall be presented first. Each party shall be given the opportunity to rebut the evidence of another party upon request. The testimony of witnesses and the submission of documentary evidence shall not be allowed except as stipulated or agreed to by the parties.

Upon conclusion of the presentations of the summary evidence, the court shall instruct the jury on the law applicable to the cause. The jury shall advise the court of its verdict upon conclusion of the deliberations.

Unless otherwise agreed by the parties in writing submitted to the court prior to a jury being impanelled pursuant to this chapter, the verdict of a summary jury shall not be binding on either party and shall not be admissible on any subsequent trial of the case. If the parties have agreed to be bound by the verdict, judgment shall be entered by the court in accordance with the verdict.

1988, c. 759.
Va. Code Ann. § 8.01-676 — Virginia Code / Title 8.01 / Chapter 26.2 / Article 1 / Section 8.01-676
Repealed
Status: repealed

Repealed by Acts 1984, c. 703.
Va. Code Ann. § 8.01-66.7 — Virginia Code / Title 8.01 / Chapter 3 / Article 7.1 / Section 8.01-66.7
Hearing and disposal of claim of unreasonableness
Status: in_force

If the injured person questions the reasonableness of the charges made by a hospital, nurse, physician, or emergency medical services agency that provided emergency medical services or emergency medical services vehicle transportation claiming a lien pursuant to § 8.01-66.2 , the injured person or the hospital, physician, nurse, or emergency medical services agency that provided emergency medical services or emergency medical services vehicle transportation may file, in the court that would have jurisdiction of such claim if such claim were asserted against the injured person by such hospital, physician, nurse, or emergency medical services agency that provided emergency medical services or emergency medical services vehicle transportation, a petition setting forth the facts. The court shall hear and dispose of the matter in a summary way after five days' notice to the other party in interest.

Code 1950, § 32-145; 1979, c. 722; 2003, c. 455 ; 2015, cc. 502 , 503 .
Va. Code Ann. § 8.01-420.3 — Virginia Code / Title 8.01 / Chapter 14 / Article 9 / Section 8.01-420.3
Court reporters to provide transcripts; when recording may be stopped; use of transcript as evidence
Status: in_force

Upon the request of any counsel of record, or of any party not represented by counsel, and upon payment of the reasonable cost thereof, the court reporter covering any proceeding shall provide the requesting party with a copy of the transcript of such proceeding or any requested portion thereof.

The court shall not direct the court reporter to cease recording any portion of the proceeding without the consent of all parties or of their counsel of record.

Whenever a party seeks to introduce the transcript or record of the testimony of a witness at an earlier trial, hearing or deposition, it shall not be necessary for the reporter to be present to prove the transcript or record, provided the reporter duly certifies, in writing, the accuracy of the transcript or record.

1983, c. 505; 1990, c. 77.
Va. Code Ann. § 8.01-465.13:11 — Virginia Code / Title 8.01 / Chapter 17.2 / Section 8.01-465.13:11
Effective date
Status: in_force

This chapter applies to all actions commenced on or after July 1, 2014, in which the issue of recognition of a foreign-country judgment is raised.

2014, c. 462 .
Va. Code Ann. § 8.01-656 — Virginia Code / Title 8.01 / Chapter 25 / Article 3 / Section 8.01-656
Repealed
Status: repealed

Repealed by Acts 2019, cc. 8 and 48 , cl. 2.
Va. Code Ann. § 8.01-661 — Virginia Code / Title 8.01 / Chapter 25 / Article 3 / Section 8.01-661
Facts proved may be made part of record
Status: in_force

All the material facts proved shall, when it is required by either party, be made a part of the proceedings and entered by the clerk among the records of the court.

Code 1950, § 8-602; 1977, c. 617.
Va. Code Ann. § 8.01-216.8 — Virginia Code / Title 8.01 / Chapter 3 / Article 19.1 / Section 8.01-216.8
Certain actions barred; relief from employment discrimination; waiver of sovereign immunity
Status: in_force

No court shall have jurisdiction over any action brought under this article by an inmate incarcerated within a state or local correctional facility as defined in § 53.1-1 .

No court shall have jurisdiction over an action brought under this article against any department, authority, board, bureau, commission, or agency of the Commonwealth, any political subdivision of the Commonwealth, a member of the General Assembly, a member of the judiciary, or an exempt official if the action is based on evidence or information known to the Commonwealth when the action was brought. For purposes of this section, "exempt official" means the Governor, Lieutenant Governor, Attorney General and the directors or members of any department, authority, board, bureau, commission or agency of the Commonwealth or any political subdivision of the Commonwealth.

In no event may a person bring an action under this article that is based upon allegations or transactions that are the subject of a civil suit or an administrative proceeding in which the Commonwealth is already a party.

The court shall dismiss an action or claim under § 8.01-216.5 unless opposed by the Commonwealth if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed in a criminal, civil or administrative hearing in which the Commonwealth or its agent is a party, in a Virginia legislative, administrative, or Auditor of Public Accounts' report, hearing, audit, or investigation, or from the news media, unless the action is brought by the Attorney General or the person bringing the action is an original source of the information. For purposes of this section, "original source" means an individual (i) who either prior to a public disclosure has voluntarily disclosed to the Commonwealth the information on which the allegations or transactions in a claim are based or (ii) who has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions and who has voluntarily provided the information to the Commonwealth before filing an action under this article.

Except as otherwise provided in this section, the Commonwealth shall not be liable for expenses a person incurs in bringing an action under this article.

Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent, or associated others in furtherance of an action under this article or other efforts to stop one or more violations of this article. Relief shall include reinstatement with the same seniority status that employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney fees. Any relief awarded to an employee under this section shall be reduced by any amount awarded to the employee through a state or local grievance process. An action under this section may be brought in a court of competent jurisdiction for the relief provided in this section, but may not be brought more than three years after the date the discrimination occurred. This paragraph shall constitute a waiver of sovereign immunity and creates a cause of action by an employee against the Commonwealth if the Commonwealth is the employer responsible for the adverse employment action that would entitle the employee to the relief set forth in this paragraph.

2002, c. 842 ; 2011, cc. 651 , 676 ; 2012, c. 479 ; 2014, c. 403 .
Va. Code Ann. § 8.01-46.1 — Virginia Code / Title 8.01 / Chapter 3 / Article 4 / Section 8.01-46.1
Disclosure of employment-related information; presumptions; causes of action; definitions
Status: in_force

A. Any employer who, upon request by a person's prospective or current employer, furnishes information about that person's professional conduct, reasons for separation or job performance, including, but not limited to, information contained in any written performance evaluations, shall be immune from civil liability for furnishing such information, provided that the employer is not acting in bad faith. An employer shall be presumed to be acting in good faith. The presumption of good faith shall be rebutted if it is shown by clear and convincing evidence that the employer disclosed such information with knowledge that it was false, or with reckless disregard for whether it is false or not, or with the intent to deliberately mislead.

B. In a civil action brought against an employer for disclosing the information described in subsection A, if the trier of fact determines the employer acted in bad faith, punitive damages may be awarded, as provided by § 8.01-38.1 .

C. As used in this section, the following words and phrases shall have the following meanings:

"Employee" means any person, paid or unpaid, in the service of an employer.

"Employer" means any person, firm or corporation, including the Commonwealth of Virginia and its political subdivisions, and their agents, who has one or more employees or individuals performing services under any contract of hire or service, express or implied, oral or written.

"Information" includes, but is not limited to, facts, data and opinions.

"Job performance" includes, but is not limited to, ability, attendance, awards, demotions, duties, effort, evaluations, knowledge, skills, promotions, productivity and disciplinary actions.

"Professional conduct" includes, but is not limited to, the ethical standards which govern the employee's profession, or lawful conduct which is expected of the employee by the employer.

"Prospective employer" means any employer who is considering a person for employment.

2000, c. 1005 .
Va. Code Ann. § 8.01-432 — Virginia Code / Title 8.01 / Chapter 17 / Article 2 / Section 8.01-432
Confession of judgment irrespective of suit pending
Status: in_force

Any person being indebted to another person, or any attorney-in-fact pursuant to a power of attorney, may at any time confess judgment in the clerk's office of any circuit court in this Commonwealth, whether a suit, motion or action be pending therefor or not, for only such principal and interest as his creditor may be willing to accept a judgment for, which judgment, when so confessed, shall be forthwith entered of record by the clerk in whose office it is confessed, in the proper order book of his court. Such judgment shall be as final and as binding as though confessed in open court or rendered by the court, subject to the control of the court in the clerk's office of which the same shall have been confessed.

Code 1950, § 8-356; 1977, c. 617.
Va. Code Ann. § 8.01-190 — Virginia Code / Title 8.01 / Chapter 3 / Article 17 / Section 8.01-190
Costs
Status: in_force

The costs, or such part thereof as the court may deem proper and just in view of the particular circumstances of the case, may be awarded to any party.

Code 1950, § 8-584; 1977, c. 617.
Va. Code Ann. § 8.01-50 — Virginia Code / Title 8.01 / Chapter 3 / Article 5 / Section 8.01-50
Action for death by wrongful act; how and when to be brought
Status: in_force

A. Whenever the death of a person shall be caused by the wrongful act, neglect, or default of any person or corporation, or of any ship or vessel, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action, or to proceed in rem against such ship or vessel or in personam against the owners thereof or those having control of her, and to recover damages in respect thereof, then, and in every such case, the person who, or corporation or ship or vessel which, would have been liable, if death had not ensued, shall be liable to an action for damages, or, if a ship or vessel, to a libel in rem, and her owners or those responsible for her acts or defaults or negligence to a libel in personam, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances, as amount in law to a felony.

B. Whenever a fetal death, as defined in § 32.1-249 , is caused by the wrongful act, neglect, or default of any person, ship, vessel, or corporation, the natural mother of the fetus may bring an action pursuant to this section against such tortfeasor. Nothing in this section shall be construed to create a cause of action for a fetal death against the natural mother of the fetus.

C. Every such action under subsection A shall be brought by and in the name of the personal representative of such deceased person. Actions for fetal death under subsection B shall be brought by and in the name of the natural mother; provided, however, if the natural mother dies, or is or becomes a person under a disability as defined in § 8.01-2 , such action may be initiated or maintained by the administrator of the natural mother's estate, her guardian, or her personal representative qualified to bring such action. In an action for fetal death under subsection B brought under Chapter 21.1 (§ 8.01-581.1 et seq.) where the wrongful act that resulted in a fetal death also resulted in the death of another fetus of the natural mother or in the death or injury of the natural mother, recovery for all damages sustained as a result of such wrongful act shall not exceed the limitations on the total amount recoverable for a single patient for any injury under § 8.01-581.15 . The person bringing an action under subsection B shall have the power to compromise a claim pursuant to § 8.01-55 and any damages recovered shall be distributed pursuant to this article. Every such action under this section shall be brought within the time limits specified in § 8.01-244 .

D. If the deceased person was an infant who was in the custody of a parent pursuant to an order of court or written agreement with the other parent, administration shall be granted first to the parent having custody; however, that parent may waive his right to qualify in favor of any other person designated by him. If no such parent or his designee applies for administration within 30 days from the death of the infant, administration shall be granted as in other cases.

E. For purposes of this section, "natural mother" means the woman carrying the child.

Code 1950, § 8-633; 1958, c. 470; 1977, c. 617; 1981, c. 115; 2012, c. 725 .
Va. Code Ann. § 8.01-267.6 — Virginia Code / Title 8.01 / Chapter 5.1 / Section 8.01-267.6
Separate trials; special interrogatories
Status: in_force

In any combined action under this chapter, the court, on motion of any party, may order separate or bifurcated trials of any one or more claims, cross-claims, counterclaims, third-party claims, or separate issues, always preserving the right of trial by jury.

Additionally, the court may submit special interrogatories to the jury to resolve specific issues of fact.

1995, c. 555 .
Va. Code Ann. § 8.01-658 — Virginia Code / Title 8.01 / Chapter 25 / Article 3 / Section 8.01-658
When and from whom response required; dismissal of habeas petition without prejudice
Status: in_force

A. Except as may be provided in the Rules of Supreme Court of Virginia, no response to a petition for a writ of habeas corpus shall be required except upon an order of the court, directed to the person in whose custody the petitioner is detained or on the person having the immediate or potential custody of him, and made returnable as soon as may be before the court ordering the same.

B. When the petition challenges a criminal conviction or sentence:

1. If the petitioner is in jail, prison, or other actual physical restraint due to the conviction or sentence he is attacking, the named respondent shall be (i) the Director of the Department of Corrections or the warden or superintendent of the state correctional facility where the petitioner is detained if the petitioner has been committed to, or is subject to transfer to, the Department of Corrections or (ii) the sheriff or superintendent of a local or regional jail facility if the petitioner's sentence will be served in such local or regional jail facility.

2. If the petitioner is on probation or parole due to the conviction or sentence he is attacking, the named respondent shall be the probation or parole officer responsible for supervising the applicant or the official in charge of the parole or probation agency.

3. If a petitioner has a suspended sentence and is not under supervision by a probation or parole officer, the respondent shall be (i) the local sheriff if the judgment of conviction the petitioner challenges has a suspended sentence of less than one year or (ii) the Director of the Department of Corrections if the judgment of conviction the petitioner challenges has a suspended sentence of one year or more.

C. The petitioner shall name a proper party respondent, and if he fails to do so, the court may allow amendment of the petition. If the petitioner fails to amend the petition by naming a proper party respondent in the time provided by the court, the court in which the petition is filed shall dismiss the habeas petition without prejudice.

D. If the court in which the petition was filed determines that the petitioner's allegations present a case for the determination of unrecorded matters of fact relating to a previous judicial proceeding in any circuit court, the court may transfer the petition to the circuit court in which such judicial proceeding occurred, or if the petition was filed in the Supreme Court, the Court may require the circuit court in which such judicial proceeding occurred to conduct an evidentiary hearing, in accordance with such procedures as may be set forth in the Rules of Supreme Court of Virginia.

Code 1950, § 8-599; 1977, c. 617; 2015, c. 554 ; 2019, cc. 8 , 48 .
Va. Code Ann. § 8.01-44.3 — Virginia Code / Title 8.01 / Chapter 3 / Article 3 / Section 8.01-44.3
Divulgence of communications by qualified interpreters and communications assistants
Status: in_force

If the content of any communication which is facilitated for compensation in the professional capacity of a qualified interpreter, as defined in § 51.5-113 , or in the professional capacity of any communications assistant employed by the statewide dual party relay service established under Article 5 (§ 56-484.4 et seq.) of Chapter 15 of Title 56, is divulged by such interpreter or assistant, any such party to the communication aggrieved by such divulgence may recover from such interpreter or assistant the greater of (i) actual damages sustained, together with costs and reasonable attorneys' fees, or (ii) $100. No such recovery shall be permitted if the interpreter or assistant and the parties to the communication have agreed that the interpreter or assistant may divulge the content of the communication.

1992, c. 614.
Va. Code Ann. § 8.01-226.3 — Virginia Code / Title 8.01 / Chapter 3 / Article 21 / Section 8.01-226.3
Civil immunity for officers, directors and members of certain crime information-gathering organizations
Status: in_force

Any officer, director or member of a nonprofit organization which, pursuant to a written agreement with a local government or a law-enforcement agency, regularly assists law-enforcement agencies by (i) publicly soliciting information from anonymous informants concerning criminal activity; (ii) gathering such information from informants; (iii) offering and paying rewards to informants for such information; and (iv) communicating such information to law-enforcement agencies, shall not be liable for any civil damages for acts or omissions on his part directly relating to his activities on behalf of such organization but only in the absence of gross negligence or willful misconduct.

1993, c. 769.
Va. Code Ann. § 8.01-100 — Virginia Code / Title 8.01 / Chapter 3 / Article 11 / Section 8.01-100
Liability of clerk for false certificate or failure to give bond
Status: in_force

If any clerk make a certificate as to the bond, which is untrue, he and the sureties on his official bond shall be liable to any person injured thereby.

Code 1950, § 8-661; 1977, c. 617; 1978, c. 718.
Va. Code Ann. § 8.01-47 — Virginia Code / Title 8.01 / Chapter 3 / Article 4 / Section 8.01-47
Immunity of persons investigating or reporting certain incidents at schools
Status: in_force

In addition to any other immunity he may have, any person who, in good faith with reasonable cause and without malice, acts to report, investigate, or cause any investigation to be made into the activities of any student or students or any other person or persons as they relate to conduct involving bomb threats, firebombs, explosive materials, or other similar devices as described in subdivisions A 6 and 7 of § 22.1-279.3:1 , alcohol or drug use or abuse in or related to the school or institution or in connection with any school or institution activity, or information that an individual poses any credible danger of serious bodily injury or death to one or more students, school personnel, or others on school property shall be immune from all civil liability that might otherwise be incurred or imposed as the result of the making of such a report, investigation, or disclosure.

Code 1950, § 8-631.1; 1972, c. 762; 1977, c. 617; 1982, c. 259; 1988, c. 159; 1995, c. 759 ; 2000, c. 79 ; 2001, cc. 688 , 820 ; 2003, c. 954 ; 2013, c. 665 ; 2022, cc. 793 , 794 .
Va. Code Ann. § 8.01-581.017 — Virginia Code / Title 8.01 / Chapter 21 / Article 3 / Section 8.01-581.017
Definitions
Status: in_force

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

"Arbitration service provider" means any person or entity that administers, facilitates, or provides arbitration services in the Commonwealth.

"Consumer" means an individual who seeks, uses, or acquires, by purchase or lease, any goods or services for personal, family, or household purposes.

"Drafting party" means the company or business that included a pre-dispute arbitration provision in a contract with a consumer or employee. "Drafting party" includes any third party relying upon or otherwise subject to the arbitration provision other than the employee or consumer.

"High-volume arbitration service provider" means any arbitration service provider that conducts more than 100 arbitrations per calendar year that arise from a pre-dispute arbitration agreement involving a Virginia-connected transaction.

"Neutral arbitrator" means an arbitrator who is (i) selected jointly by the parties or by the arbitrators selected by the parties or (ii) appointed by the court when the parties or arbitrators selected by the parties fail to select an arbitrator jointly.

"Pre-dispute arbitration agreement" means an agreement to arbitrate a dispute between a consumer and a business or between an individual employed in the Commonwealth and that individual's employer that had not yet arisen at the time of making such agreement.

"Virginia-connected transaction" means any transaction, agreement, or dispute that arises out of, relates to, or is otherwise connected with activities, relationships, or events occurring within the Commonwealth, including any arbitration ordered by a state or federal court located in the Commonwealth.

2026, c. 490 .
Va. Code Ann. § 8.01-468 — Virginia Code / Title 8.01 / Chapter 18 / Article 1 / Section 8.01-468
Executions against corporations
Status: in_force

Such executions as may issue against a natural person may issue against a corporation.

Code 1950, § 8-401; 1977, c. 617.
Va. Code Ann. § 8.01-542 — Virginia Code / Title 8.01 / Chapter 20 / Article 1 / Section 8.01-542
Issue and execution of attachment on any day
Status: in_force

Such attachment may be issued or executed on any day, including a Sunday or holiday.

Code 1950, § 8-529; 1977, c. 617.
Va. Code Ann. § 8.01-73 — Virginia Code / Title 8.01 / Chapter 3 / Article 8 / Section 8.01-73
Guardian ad litem to be appointed
Status: in_force

In every suit brought under this article, a guardian ad litem shall be appointed for any person under a disability not otherwise represented by a guardian or committee, or trustee appointed pursuant to § 64.2-2003 , and for all persons proceeded against by an order or publication under the designation of "parties unknown" as provided for in § 8.01-316 . The guardian ad litem shall file an answer as such.

Code 1950, § 8-679; 1952, c. 360; 1972, c. 361; 1977, c. 617; 1997, c. 540 .
Va. Code Ann. § 8.01-53 — Virginia Code / Title 8.01 / Chapter 3 / Article 5 / Section 8.01-53
Class and beneficiaries; when determined
Status: in_force

A. The damages awarded pursuant to § 8.01-52 shall be distributed as specified under § 8.01-54 to (i) the surviving spouse, children of the deceased and children of any deceased child of the deceased, and, only if there is a surviving spouse, children of the deceased, or children of any deceased child of the deceased, the parents of the decedent if any of such parents, within 12 months prior to the decedent's death, regularly received support or regularly received services from the decedent for necessaries, including living expenses, food, shelter, health care expenses, or in-home assistance or care, or (ii) if there is no surviving spouse, children of the deceased, or children of any deceased child of the deceased, then to the parents, brothers and sisters of the deceased, and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent or (iii) if the decedent has left both surviving spouse and parent or parents, but no child or grandchild, the award shall be distributed to the surviving spouse and such parent or parents or (iv) if there are survivors under clause (i) or clause (iii), the award shall be distributed to those beneficiaries and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent or (v) if no survivors exist under clause (i), (ii), (iii), or (iv), the award shall be distributed in the course of descents as provided for in § 64.2-200 . However, no parent whose parental rights and responsibilities have been terminated by a court of competent jurisdiction or pursuant to a permanent entrustment agreement with a child welfare agency shall be eligible as a beneficiary under this section. For purposes of this section, a relative is any person related to the decedent by blood, marriage, or adoption and also includes a stepchild of the decedent.

B. The class and beneficiaries thereof eligible to receive such distribution shall be fixed (i) at the time the verdict is entered if the jury makes the specification or (ii) at the time the judgment is rendered if the court specifies the distribution.

C. A beneficiary may renounce his interest in any claim brought pursuant to § 8.01-50 and, in such event, the damages shall be distributed to the beneficiaries in the same class as the renouncing beneficiary or, if there are none, to the beneficiaries in any subsequent class in the order of priority set forth in subsection A.

D. For the purposes of this section, children of the deceased shall include any child of the decedent who is adopted after the death of the decedent, provided that the parental rights of the decedent were not terminated by a court of competent jurisdiction prior to his death. The provisions of this subsection shall apply to any adoption finalized on or after July 1, 2024.

Code 1950, §§ 8-636.1, 8-638; 1954, c. 333; 1973, c. 401; 1974, c. 444; 1977, cc. 460, 617; 1979, c. 356; 1992, c. 74; 1994, c. 515 ; 2003, c. 632 ; 2019, cc. 47 , 328 ; 2021, Sp. Sess. I, c. 488 ; 2024, cc. 69 , 70 .
Va. Code Ann. § 8.01-543 — Virginia Code / Title 8.01 / Chapter 20 / Article 1 / Section 8.01-543
Issue of other attachments on original petition
Status: in_force

Upon the written application of the plaintiff, his agent or attorney, other attachments founded on the original petition may be issued from time to time by the clerk of the court in which the original attachment is pending, and the same may be directed, executed, and returned in like manner as an original attachment. However, the clerk shall not issue an attachment where new or additional grounds of attachment are relied upon or where any ship, boat or vessel of more than twenty tons is sought to be attached.

If new or additional grounds of attachment are relied on, the plaintiff may amend his petition in accordance with Rule of Court 1:8 according to the facts and swear to the same. Except as otherwise provided in this section, an additional attachment as prayed for shall be issued by a judge or magistrate only upon his determination that (i) there is reasonable cause to believe that the grounds for attachment may exist and (ii) that the amended petition complies with §§ 8.01-534 and 8.01-537 . Where any ship, boat, or other vessel of more than twenty tons is sought to be attached, a judge or magistrate shall issue the additional attachment only on his determination that § 8.01-538 has been complied with. The cause shall proceed, under the provisions of this chapter, upon the petition as amended.

The court shall adjudge the costs of such attachments as it deems proper.

The following, or its equivalent, shall be a sufficient form of application for an additional attachment:

To A.B., clerk of the __________ court of __________ county (or city): In the case of __________ v. __________, on an attachment, an additional attachment and summons is requested to be issued against __________ X.Y. (or X.Y. by H., attorney or agent, as the case may be).

Code 1950, § 8-530; 1977, c. 617; 1984, c. 646.
Va. Code Ann. § 8.01-32 — Virginia Code / Title 8.01 / Chapter 3 / Article 2 / Section 8.01-32
Action on lost evidences of debt
Status: in_force

A. A civil action may be maintained on any past-due lost bond, note, contract, open account agreement, or other written evidence of debt, provided the plaintiff verifies under oath either in open court or by affidavit that said bond, note, contract, open account agreement, or other written evidence of debt has been lost or destroyed.

B. Where a true and accurate copy of the written evidence of debt exists, which copy was produced in the normal course of business, the court shall accept such copy into evidence and shall give effect to its terms as if the original had been placed into evidence.

C. In the event of any inconsistency between this section and any applicable provisions of § 8.3A-309 , the provisions of that section shall control.

Code 1950, § 8-517; 1954, c. 333; 1964, c. 219; 1977, c. 617; 2000, c. 245 ; 2003, c. 125 .
Va. Code Ann. § 8.01-581.015 — Virginia Code / Title 8.01 / Chapter 21 / Article 2 / Section 8.01-581.015
Venue
Status: in_force

Except as provided in subsection B of § 8.01-262.1 , an initial application shall be made to the court of the county or city in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county or city in which it was held. Otherwise, venue of the application shall be as provided in Chapter 5 (§ 8.01-257 et seq.) of this title. All subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs.

1986, c. 614; 1991, c. 489.
Va. Code Ann. § 8.01-396.1 — Virginia Code / Title 8.01 / Chapter 14 / Article 4 / Section 8.01-396.1
Competency of witness
Status: in_force

No child shall be deemed incompetent to testify solely because of age.

1993, cc. 441, 605.
Va. Code Ann. § 8.01-44.4 — Virginia Code / Title 8.01 / Chapter 3 / Article 3 / Section 8.01-44.4
Action for shoplifting and employee theft
Status: in_force

A. A merchant may recover a civil judgment against any adult or emancipated minor who shoplifts from that merchant for two times the unpaid retail value of the merchandise, but in no event an amount less than $50. However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages of no more than $350.

B. A merchant may recover a civil judgment against any person who commits employee theft for two times the unpaid retail value of the merchandise, but in no event an amount less than $50. However, if the merchant recovers the merchandise in merchantable condition, he shall be entitled to liquidated damages of no more than $350.

C. The prevailing party in any action brought pursuant to this section shall be entitled to reasonable attorneys' fees and costs not to exceed $150.

D. A conviction of or a plea of guilty to a violation of any other statute is not a prerequisite to commencement of a civil action pursuant to this section or enforcement of a judgment. No action may be initiated under this section during the pendency of a criminal prosecution based on the same allegations of fact; however the initiation of any criminal action against the perpetrator for the alleged offense under § 18.2-95 , 18.2-96 , 18.2-102.1 , or 18.2-103 or any other criminal offense defined under subsection F does not preclude a merchant from initiating or maintaining an action under this section once the prosecution has been concluded. A merchant may not recover more than the retail value of the merchandise, or more than the unpaid retail value of the merchandise if the merchandise is not recovered in a merchantable condition, for the same loss if both criminal and civil actions are initiated. However, nothing herein shall preclude a merchant from recovering damages in excess of the retail value of the merchandise, or the unpaid retail value of the merchandise if the merchandise is not recovered in a merchantable condition, if a criminal action is initiated. Nothing herein shall preclude a merchant from nonsuiting the civil action brought pursuant to this section and proceeding criminally under § 18.2-95 , 18.2-96 , 18.2-102.1 , or 18.2-103 or any other criminal offense defined under subsection F.

E. Prior to the commencement of any action under this section, a merchant may demand, in writing, that an individual who may be civilly liable under this section make appropriate payment to the merchant in consideration for the merchant's agreement not to commence any legal action under this section.

F. For purposes of this section:

"Employee theft" means the removal of any merchandise or cash from the premises of the merchant's establishment or the concealment of any merchandise or cash by a person employed by a merchant without the consent of the merchant and with the purpose or intent of appropriating the merchandise or cash to the employee's own or another's use without full payment.

"Shoplift" means any one or more of the following acts committed by a person without the consent of the merchant and with the purpose or intent of appropriating merchandise to that person's own or another's use without payment, obtaining merchandise at less than its stated sales price, or otherwise depriving a merchant of all or any part of the value or use of merchandise: (i) removing any merchandise from the premises of the merchant's establishment; (ii) concealing any merchandise; (iii) substituting, altering, removing, or disfiguring any label or price tag; (iv) transferring any merchandise from a container in which that merchandise is displayed or packaged to any other container; (v) disarming any alarm tag attached to any merchandise; or (vi) obtaining or attempting to obtain possession of any merchandise by charging that merchandise to another person without the authority of that person or by charging that merchandise to a fictitious person.

1992, c. 721; 2005, cc. 142 , 234 ; 2012, c. 526 .
Va. Code Ann. § 8.01-179 — Virginia Code / Title 8.01 / Chapter 3 / Article 16 / Section 8.01-179
Motion for judgment to establish boundary lines
Status: in_force

Any person having a subsisting interest in real estate and a right to its possession, or to the possession of some share, interest or portion thereof, may file a motion for judgment to ascertain and designate the true boundary line or lines to such real estate as to one or more of the coterminous landowners. Plaintiff in stating his interest shall conform to the requirements of § 8.01-137 , and shall describe with reasonable certainty such real estate and the boundary line or lines thereof which he seeks to establish.

Code 1950, § 8-836; 1954, c. 606; 1977, c. 617.
Va. Code Ann. § 8.01-215 — Virginia Code / Title 8.01 / Chapter 3 / Article 19 / Section 8.01-215
Return of officer when sale not made because of prior encumbrance
Status: in_force

In any case in which an officer, having an execution on behalf of the Commonwealth, shall decline levying it because of any previous conveyance, execution, or encumbrance, a return shall be made setting forth the nature of such conveyance, execution or encumbrance, in whose favor, and for what amount, and the court in which the conveyance or encumbrance is recorded, or from which the execution issued.

Code 1950, § 8-778; 1977, c. 617.
Va. Code Ann. § 8.01-506.2 — Virginia Code / Title 8.01 / Chapter 18 / Article 6 / Section 8.01-506.2
Proceedings in court of county or city where execution debtor resides
Status: in_force

When pursuant to subsection B of § 8.01-506 , a summons requires the execution debtor to appear before a court of the county or city in which the execution debtor resides, or of a county or city contiguous thereto, the execution creditor may have the case filed or docketed in that court as follows:

1. The execution creditor shall file with that court an abstract of the judgment rendered.

2. The execution creditor shall pay a fee to that court in accordance with the provisions of § 16.1-69.48:2 or subdivision 17 of § 17.1-275 .

3. After docketing or filing the abstract of judgment and payment of any fees, the court shall issue the summons and any subsequent executions on the filed or docketed judgment, including a subpoena duces tecum pursuant to § 8.01-506.1 , and shall conduct such hearings and enter such orders pursuant to §§ 8.01-507 , 8.01-507.1 , 8.01-508 , 8.01-509 , and 8.01-510 as may be required.

4. The execution creditor shall file in both courts any releases or satisfactions of judgment.

2005, c. 726 .
Va. Code Ann. § 8.01-596 — Virginia Code / Title 8.01 / Chapter 22 / Article 2 / Section 8.01-596
No sale prior to such notification; exceptions
Status: in_force

No court shall order the sale of any assets of the receivership until a receiver has reported to the court in writing that he has mailed such notices to such creditors at least five days prior to the filing of such report, except that the court may at any time permit the sale of perishable or seasonable goods when necessary to preserve the estate, or may permit the receiver to conduct the business for which he is a receiver as a going business and to sell in the usual course of such business.

Code 1950, § 8-740; 1977, c. 617.
Va. Code Ann. § 8.01-514 — Virginia Code / Title 8.01 / Chapter 18 / Article 7 / Section 8.01-514
When garnishment summons returnable
Status: in_force

The summons in garnishment, whether issued by a circuit court or a district court, may be directed to a sheriff of any county or city wherein the judgment debtor resides or where the garnishment defendant resides or where either may be found and shall be made returnable to the court that issued it within 90 days from the writ's issuance, except that, in the case of a wage garnishment, the summons shall be returnable not more than 180 days after such issuance.

Code 1950, § 8-442; 1976, c. 659; 1977, cc. 454, 617; 1979, c. 36; 2003, c. 234 ; 2006, c. 575 .
Va. Code Ann. § 8.01-66.4 — Virginia Code / Title 8.01 / Chapter 3 / Article 7.1 / Section 8.01-66.4
Subrogation
Status: in_force

Any municipal corporation or any person, firm or corporation who may pay the charges for which a lien is provided in § 8.01-66.2 shall be subrogated to such lien.

Code 1950, § 32-140; 1979, c. 722.
Va. Code Ann. § 8.01-465.25 — Virginia Code / Title 8.01 / Chapter 17.3 / Section 8.01-465.25
Effect of substitution of currency by issuing authority
Status: in_force

If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money. If such substitution occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by a like conversion of the former money.

1991, c. 24.
Va. Code Ann. § 8.01-581.4:2 — Virginia Code / Title 8.01 / Chapter 21.1 / Article 1 / Section 8.01-581.4:2
Removal of record for inspection and copying; notice
Status: in_force

Any party may, upon notice to all other parties or their counsel, remove any book, record or document which has been filed with the clerk or has become a part of the permanent record filed with the Executive Secretary for purposes of inspection and copying. The party removing the documents shall give an appropriate receipt to the clerk or Executive Secretary and shall be responsible for the return of the materials within ten days.

1986, c. 227.
Va. Code Ann. § 8.01-227.6 — Virginia Code / Title 8.01 / Chapter 3 / Article 23 / Section 8.01-227.6
Law-enforcement officer or agency; health care provider not liable under certain conditions
Status: in_force

A law-enforcement officer or agency shall not be liable under this article if acting in furtherance of an official investigation. A health care provider who in good faith and in compliance with state or federal law, sells, administers, furnishes or distributes a controlled substance shall not be liable under this article.

2002, c. 863 .
Va. Code Ann. § 8.01-227.5 — Virginia Code / Title 8.01 / Chapter 3 / Article 23 / Section 8.01-227.5
Persons who may bring action; persons against whom actions may be brought; damages recoverable
Status: in_force

A. A parent or legal custodian may bring an action for damages incurred because of his child's unlawful use of a controlled substance while under the age of eighteen against a natural person age eighteen years or older who sold, administered, furnished or knowingly participated in the unlawful distribution of a controlled substance to the child.

B. A parent or legal custodian entitled to bring an action under this article may recover damages limited to physical and emotional pain and suffering, the cost of treatment and rehabilitation and medical expenses, proximately caused to the parent or legal custodian by the child's unlawful use of a controlled substance.

2002, c. 863 .
Va. Code Ann. § 8.01-412.9 — Virginia Code / Title 8.01 / Chapter 14 / Article 6.2 / Section 8.01-412.9
Definitions
Status: in_force

For purposes of this article, unless the context requires otherwise:

"Foreign jurisdiction" means a state other than the Commonwealth.

"Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.

"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

"Subpoena" means a document, however denominated, issued under the authority of a court of record requiring a person to:

1. Attend and give testimony at a deposition;

2. Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or

3. Permit inspection of premises under the control of the person.

2009, c. 701 .
Va. Code Ann. § 8.01-6.1 — Virginia Code / Title 8.01 / Chapter 2 / Article 1 / Section 8.01-6.1
Amendment of pleading changing or adding a claim or defense; relation back
Status: in_force

Subject to any other applicable provisions of law, an amendment of a pleading changing or adding a claim or defense against a party relates back to the date of the original pleadings for purposes of the statute of limitations if the court finds (i) the claim or defense asserted in the amended pleading arose out of the conduct, transaction or occurrence set forth in the original pleading, (ii) the amending party was reasonably diligent in asserting the amended claim or defense, and (iii) parties opposing the amendment will not be substantially prejudiced in litigating on the merits as a result of the timing of the amendment. In connection with such an amendment, the trial court may grant a continuance or other relief to protect the parties. This section shall not apply to eminent domain or mechanics' lien claims or defenses.

1996, c. 693 .
Va. Code Ann. § 8.01-273 — Virginia Code / Title 8.01 / Chapter 7 / Article 2 / Section 8.01-273
Demurrer; form; grounds to be stated; amendment
Status: in_force

A. In any suit in equity or action at law, the contention that a pleading does not state a cause of action or that such pleading fails to state facts upon which the relief demanded can be granted may be made by demurrer. All demurrers shall be in writing and shall state specifically the grounds on which the demurrant concludes that the pleading is insufficient at law. No grounds other than those stated specifically in the demurrer shall be considered by the court. A demurrer may be amended as other pleadings are amended.

B. Wherever a demurrer to any pleading has been sustained, and as a result thereof the demurree has amended his pleading, he shall not be deemed to have waived his right to stand upon his pleading before the amendment, provided that (i) the order of the court shows that he objected to the ruling of the court sustaining the demurrer and (ii) the amended pleading incorporates or refers to the earlier pleading. On any appeal of such a case the demurree may insist upon his earlier pleading before the amendment, and if the same be held to be good, he shall not be prejudiced by having made the amendment.

Code 1950, §§ 8-99, 8-120; 1954, c. 333; 1977, c. 617; 2017, c. 755 .
Va. Code Ann. § 8.01-38.1 — Virginia Code / Title 8.01 / Chapter 3 / Article 3 / Section 8.01-38.1
Limitation on recovery of punitive damages
Status: in_force

In any action accruing on or after July 1, 1988, including an action for medical malpractice under Chapter 21.1 (§ 8.01-581.1 et seq.), the total amount awarded for punitive damages against all defendants found to be liable shall be determined by the trier of fact. In no event shall the total amount awarded for punitive damages exceed $350,000. The jury shall not be advised of the limitation prescribed by this section. However, if a jury returns a verdict for punitive damages in excess of the maximum amount specified in this section, the judge shall reduce the award and enter judgment for such damages in the maximum amount provided by this section.

1987, c. 255.
Va. Code Ann. § 8.01-309 — Virginia Code / Title 8.01 / Chapter 8 / Article 4 / Section 8.01-309
Service on Secretary of Commonwealth as agent of nonresident operator or owner of aircraft
Status: in_force

Any nonresident owner or operator of any aircraft that is operated over and above the land and waters of the Commonwealth or uses aviation facilities within the Commonwealth, shall by such operation and use appoint the Secretary of the Commonwealth as his statutory agent for the service of process in any action against him growing out of any accident or collision occurring within or above the Commonwealth in which such aircraft is involved.

Code 1950, § 8-67.4; 1952, c. 384; 1954, c. 333; 1977, c. 617.
Va. Code Ann. § 8.01-581.19:1 — Virginia Code / Title 8.01 / Chapter 21.1 / Article 2 / Section 8.01-581.19:1
Civil immunity for persons providing information to certain committees
Status: in_force

Any person who provides information to any committee, board, group, commission, or other entity which is authorized to investigate any complaint of physical or mental impairment, that may show that any practitioner of medicine, osteopathy, optometry, chiropractic, podiatry, clinical psychology, physical therapy, veterinary medicine or any physical therapist assistant is unable to practice his profession with reasonable skill and safety, by reason of the use of alcohol, drugs, or other substances, or as a result of any mental or physical condition, shall be immune from civil liability for any act done for, or any utterance or communication made to, such entity in the course of providing such information. However, this section shall not apply if the act, utterance, or communication is done or made in bad faith or with malicious intent or if such disclosure is prohibited by federal law or regulations promulgated thereunder.

The provisions of this section shall apply only to such entities described in this section as are (i) established pursuant to a federal or state law, (ii) established and duly constituted by one or more public or licensed private hospitals, (iii) a medical or chiropractic society that is operating its health care provider impairment program in cooperation with the Board of Medicine, or another governmental agency, (iv) an optometric society or association that is operating its optometric impairment program in cooperation with the Virginia Board of Optometry, (v) a veterinary medical association that is operating its veterinarian impairment program in cooperation with the Virginia Board of Veterinary Medicine, or (vi) a clinical psychology academy that is operating its clinical psychology impairment program in cooperation with the Board of Psychology.

1986, c. 604; 1987, c. 713; 1989, c. 729; 1993, c. 702; 1996, cc. 937 , 980 .
Va. Code Ann. § 8.01-386 — Virginia Code / Title 8.01 / Chapter 14 / Article 1 / Section 8.01-386
Judicial notice of laws (Supreme Court Rule 2:202 derived in part from this section)
Status: in_force

A. Whenever, in any civil action it becomes necessary to ascertain what the law, statutory or otherwise, of this Commonwealth, of another state, of the United States, of another country, or of any political subdivision or agency of the same is, or was, at any time, the court shall take judicial notice thereof whether specially pleaded or not.

B. The court, in taking such notice, may consult any book, record, register, journal, or other official document or publication purporting to contain, state, or explain such law, and may consider any evidence or other information or argument that is offered on the subject.

Code 1950, §§ 8-264, 8-270, 8-273; 1960, c. 504; 1977, c. 617.
Va. Code Ann. § 8.01-465.21 — Virginia Code / Title 8.01 / Chapter 17.3 / Section 8.01-465.21
Conversions of foreign money in distribution proceeding
Status: in_force

The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated.

1991, c. 24.
Va. Code Ann. § 8.01-439 — Virginia Code / Title 8.01 / Chapter 17 / Article 2 / Section 8.01-439
Filing of records by clerk
Status: in_force

Such confession and clerk's certificate, together with the power of attorney if the confession be by an attorney-in-fact, and the note, bond or other obligation, if there be such, on which the judgment is based, shall be securely attached together by the clerk and filed by him among the records in his office.

Code 1950, § 8-363; 1977, c. 617.
Va. Code Ann. § 8.01-425 — Virginia Code / Title 8.01 / Chapter 16 / Section 8.01-425
How fiduciaries may compromise liabilities due to or from them
Status: in_force

Any fiduciary may compromise any liability due to or from him, provided that such compromise be ratified and approved by a court of competent jurisdiction, all parties in interest being before such court by proper process. When such compromise shall have been so ratified and approved, it shall be binding on all parties in interest before such court. Nothing contained in this section shall affect the right of indemnity or of contribution among the parties.

Code 1950, §§ 8-171, 8-173; 1977, c. 617.
Va. Code Ann. § 8.01-590 — Virginia Code / Title 8.01 / Chapter 22 / Article 1 / Section 8.01-590
Penalty for failure of duty
Status: in_force

If a general receiver fail to keep the account, or to make out and return the statements required by § 8.01-585 , he shall be subject to a fine of not less than $100 nor more than $1,000 to be imposed by the court at its discretion; and the condition of his official bond shall be taken to embrace the liability of himself and his sureties for any such fine.

Code 1950, § 8-733; 1977, c. 617.
Va. Code Ann. § 8.01-431 — Virginia Code / Title 8.01 / Chapter 17 / Article 2 / Section 8.01-431
Judgment or decree by confession in pending suit
Status: in_force

In any suit a defendant may, whether the suit is on the court docket or not, confess a judgment in the clerk's office for so much principal and interest as the plaintiff may be willing to accept a judgment or decree for. The same shall be entered of record by the clerk in the order book and be as final and as valid as if entered in court on the day of such confession. The clerk shall record such judgment or decree and the date and time of the day at which the same was confessed. The lien of such judgment or decree shall run from the time such judgment is recorded on the judgment lien docket of the clerk's office of the county or city in which land of the defendant lies.

Code 1955, § 8-355; 1962, c. 388; 1977, c. 617; 2012, c. 802 ; 2014, c. 330 .
Va. Code Ann. § 8.01-105 — Virginia Code / Title 8.01 / Chapter 3 / Article 11 / Section 8.01-105
Rule against special commissioner, purchaser, etc., for judgment for amounts due
Status: in_force

Any court of this Commonwealth, may, at the instance of any party in interest, award a rule against any special commissioner or receiver appointed by or acting under the authority of such court, and against the surety of such commissioner or receiver, or against a purchaser at a judicial sale under a decree of such court, and against the surety or sureties of such purchaser, returnable to such date as the court may fix, to show cause why judgment shall not be entered against them for any amount which the court may ascertain to be due from such commissioner, receiver, or purchaser. A rule issued under this section shall be executed at least fifteen days before the return day thereof.

Code 1950, § 8-664; 1977, c. 617.
Va. Code Ann. § 8.01-412.13 — Virginia Code / Title 8.01 / Chapter 14 / Article 6.2 / Section 8.01-412.13
Application to court
Status: in_force

An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under § 8.01-412.10 shall comply with the statutes and rules of court of the Commonwealth and be submitted to the court in the circuit in which discovery is to be conducted. A separate civil action need not be filed.

2009, c. 701 .
Va. Code Ann. § 8.01-130.01 — Virginia Code / Title 8.01 / Chapter 3 / Article 13 / Section 8.01-130.01
Unlawful detainer; expungement
Status: in_force

A. If, in an action for unlawful detainer filed in general district court, (i) such action is dismissed and the 30-day period following such dismissal has passed or (ii) a voluntary nonsuit of such action is taken and the six-month period following such nonsuit has passed, provided that no order of possession has been entered in the case, the court shall, without further petition or hearing, enter an order requiring the expungement of the court records. The court shall not automatically expunge such records in an unlawful detainer action where a judgement is entered in favor of the defendant; however, such a defendant may file a petition, and the court shall, without a hearing, expunge such records in accordance with the provisions of subsection B.

B. For unlawful detainer actions commenced prior to July 1, 2024, for which the court still has records, if (i) such action was dismissed and the 30-day period following such dismissal has passed or (ii) a voluntary nonsuit of such action was taken and the six-month period following such nonsuit has passed, provided that no order of possession has been entered in the case, the defendant may file a petition on a form created by the Supreme Court in the general district court in which the underlying unlawful detainer action was filed requesting expungement of the court records relating to the unlawful detainer. The petition shall provide the date that the order of dismissal, entry of judgment in favor of the defendant, or nonsuit was entered, the address of the property that was the subject of the unlawful detainer action, and the name of the plaintiff in the unlawful detainer action.

Upon finding that the unlawful detainer action was dismissed and the 30-day period following such dismissal has passed or a nonsuit was taken and the six-month period following such nonsuit has passed, and no order of possession was entered, the court shall, without a hearing, enter an order requiring the expungement of the court records.

2020, c. 1013 ; 2024, c. 372 .
Va. Code Ann. § 8.01-195.10 — Virginia Code / Title 8.01 / Chapter 3 / Article 18.2 / Section 8.01-195.10
Purpose; action by the General Assembly required; definitions
Status: in_force

A. The purpose of this article is to provide directions and guidelines for the compensation of persons who have been wrongfully incarcerated in the Commonwealth. Compensation for wrongful incarceration is governed by Article IV, § 14 of the Constitution of Virginia, which prohibits the General Assembly from granting relief in cases in which the courts or other tribunals may have jurisdiction. No compensation shall be awarded under this article unless the recipient has executed a release and waiver pursuant to subsection B of § 8.01-195.12 . The payment and receipt of any compensation for wrongful incarceration shall be contingent upon the General Assembly appropriating funds for that purpose. This article shall not provide an entitlement to compensation for persons wrongfully incarcerated or require the General Assembly to appropriate funds for the payment of such compensation.

B. As used in this article:

"Incarceration" or "incarcerated" means (i) confinement in a local or regional correctional facility, juvenile correctional center, state correctional facility, or residential detention center or (ii) confinement in a facility operated pursuant to the Corrections Private Services Act (§ 53.1-261 et seq.).

"Wrongful incarceration" or "wrongfully incarcerated" means incarceration for a felony conviction for which the conviction has been vacated pursuant to Chapter 19.2 (§ 19.2-327.2 et seq.) or 19.3 (§ 19.2-327.10 et seq.) of Title 19.2, or the person incarcerated has been granted an absolute pardon for the commission of a crime that he did not commit.

2004, cc. 818 , 840 ; 2010, cc. 496 , 557 ; 2021, Sp. Sess. I, cc. 344 , 345 ; 2022, cc. 572 , 573 ; 2024, c. 396 ; 2025, c. 337 .
Va. Code Ann. § 8.01-216.19 — Virginia Code / Title 8.01 / Chapter 3 / Article 19.1 / Section 8.01-216.19
Application of the Rules of the Supreme Court
Status: in_force

The Rules of the Supreme Court of Virginia shall apply to all proceedings under this article, except when those Rules are inconsistent with this article.

2002, c. 842 .
Va. Code Ann. § 8.01-503 — Virginia Code / Title 8.01 / Chapter 18 / Article 5 / Section 8.01-503
Withholding of wages or salary not required by preceding sections unless garnishment process served
Status: in_force

Nothing contained in §§ 8.01-501 and 8.01-502 shall have the effect of requiring any employer paying wages or salary to an employee to withhold any part of such wages or salary unless and until such employer is duly served with process in garnishment.

Code 1950, § 8-432.1; 1954, c. 379; 1977, c. 617.
Va. Code Ann. § 8.01-267.8 — Virginia Code / Title 8.01 / Chapter 5.1 / Section 8.01-267.8
Interlocutory appeal
Status: in_force

A. The Court of Appeals, in its discretion, may permit an appeal to be taken from an order of a circuit court although the order is not a final order where the circuit court has ordered a consolidated trial of claims joined or consolidated pursuant to this chapter.

B. The Court of Appeals, in its discretion, may permit an appeal to be taken from any other order of a circuit court in an action combined pursuant to this chapter although the order is not a final order provided the written order of the circuit court states that the order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation.

C. Application for an appeal pursuant to this section shall be made within 10 days after the entry of the order and shall not stay proceedings in the circuit court unless the circuit court or the appellate court shall so order.

1995, c. 555 ; 2021, Sp. Sess. I, c. 489 .
Va. Code Ann. § 8.01-318 — Virginia Code / Title 8.01 / Chapter 8 / Article 4 / Section 8.01-318
Within what time after publication case tried or heard; no subsequent publication required
Status: in_force

If after an order of publication has been executed, the defendants or unknown parties against whom it is entered shall not appear on or before the date specified in such order, the case may be tried or heard as to them. When the provisions of § 8.01-317 have been complied with, no other publication or notice shall thereafter be required in any proceeding in court, or before a commissioner, or for the purpose of taking depositions, unless specifically ordered by the court as to such defendants or unknown parties.

Code 1950, § 8-73; 1968, c. 456; 1977, c. 617; 2025, c. 267 .
Va. Code Ann. § 8.01-205 — Virginia Code / Title 8.01 / Chapter 3 / Article 19 / Section 8.01-205
How sale made
Status: in_force

If the amount of the execution be not sooner paid, such officer shall proceed, on the day mentioned in the notice, to sell at public auction the interest of the party against whom the execution issued in the real estate or so much thereof as the officer may deem sufficient; and if a part only be sold it shall be laid off in one parcel in such place and manner as the debtor or his agent may direct or, if he give no direction, as the officer may deem best.

Code 1950, § 8-768; 1977, c. 617.
Va. Code Ann. § 8.01-231 — Virginia Code / Title 8.01 / Chapter 4 / Article 1 / Section 8.01-231
Commonwealth not within statute of limitations
Status: in_force

No statute of limitations which shall not in express terms apply to the Commonwealth shall be deemed a bar to any proceeding by or on behalf of the same.

Code 1950, § 8-35; 1958, c. 221; 1977, c. 617; 1988, c. 544.
Va. Code Ann. § 8.01-516 — Virginia Code / Title 8.01 / Chapter 18 / Article 7 / Section 8.01-516
Repealed
Status: repealed

Repealed by Acts 1983, c. 399.