There is a newer version of the Code of Virginia
2014 Virginia Code
Title 8.01 - Civil Remedies and Procedure
Chapter 1. GENERAL PROVISIONS AS TO CIVIL CASES- § 8.01-1. How proceedings may be in actions pending when title takes effect
- § 8.01-1.1. References to former sections, articles and chapters of Title 8 and other titles
- § 8.01-2. General definitions for this title
- § 8.01-3. Supreme Court may prescribe rules; effective date and availability; indexed, and annotated; effect of subsequent enactments of General Assembly
- § 8.01-4. District courts and circuit courts may prescribe certain rules
- § 8.01-4.1. How jurisdiction determined when proceeding is on penal bond
- § 8.01-4.2. Who may execute bond for obtaining writ or order
- § 8.01-4.3. Unsworn declarations under penalty of perjury; penalty
Article 1. GENERAL PROVISIONS
- § 8.01-5. Effect of nonjoinder or misjoinder; limitation on joinder of insurance company
- § 8.01-6. Amending pleading; relation back to original pleading
- § 8.01-6.1. Amendment of pleading changing or adding a claim or defense; relation back
- § 8.01-6.2. Amendment of pleading; relation back to original pleading; confusion in trade name
- § 8.01-6.3. Actions or suits against fiduciaries; style of the case; amendment of pleading
- § 8.01-7. When court may add new parties to suit
Article 2. SPECIAL PROVISIONS
- § 8.01-8. How minors may sue
- § 8.01-9. Guardian ad litem for persons under disability; when guardian ad litem need not be appointed for person under disability
- § 8.01-10. Joinder of tenants in common
- § 8.01-11. Proceedings on writing binding deceased person
- § 8.01-12. Suit by beneficial owner when legal title in another
- § 8.01-13. Assignee or beneficial owner may sue in own name; certain discounts allowed
- § 8.01-14. Suit against assignor
- § 8.01-15. Suits by and against unincorporated associations or orders
- § 8.01-15.1. Anonymous plaintiff; motion for identification; factors to be considered by court
- § 8.01-15.2. Servicemembers Civil Relief Act; default judgment
Article 3. DEATH OR CHANGE OF PARTIES
- § 8.01-16. New parties may have continuance
- § 8.01-17. When party whose powers cease is defendant
- § 8.01-18. When suit discontinued unless revived
- § 8.01-19. Effect of marriage or change of name of party
- § 8.01-20. Effect of marriage, change of name or death on appeal
- § 8.01-20.1. Certification of expert witness opinion at time of service of process
- § 8.01-21. Judgment when death or disability occurs after verdict but before judgment
- § 8.01-22. When death or disability occurs as to any of several plaintiffs or defendants
- § 8.01-23. Decree in suit when number of parties exceeds 30 and one of them dies
Article 4. WRIT OF SCIRE FACIAS ABOLISHED
Chapter 3. ACTIONSArticle 1. SURVIVAL AND ASSIGNMENT OF CAUSES OF ACTIONS
Article 2. ACTIONS ON CONTRACTS GENERALLY
- § 8.01-27. Civil action on note or writing promising to pay money
- § 8.01-27.1. Additional recovery in certain civil actions concerning checks or rejected electronic funds transfers
- § 8.01-27.2. Civil recovery for giving bad check
- § 8.01-27.3. Evidence in actions regarding issuance of bad check
- § 8.01-27.4. Civil recovery for professional services
- § 8.01-27.5. Duty of in-network providers to submit claims to health insurers; liability of covered patients for unbilled health care services
- § 8.01-28. When judgment to be given in action upon contract or note unless defendant appears and denies claim under oath
- § 8.01-29. Procedure in actions on annuity and installment bonds, and other actions for penalties for nonperformance
- § 8.01-30. Procedure in actions on contracts made by several persons
- § 8.01-31. Accounting in equity
- § 8.01-32. Action on lost evidences of debt
- § 8.01-33. Equitable relief in certain cases
Article 3. INJURY TO PERSON OR PROPERTY
- § 8.01-34. When contribution among wrongdoers enforced
- § 8.01-35. Damages for loss of income not diminished by reimbursement
- § 8.01-35.1. Effect of release or covenant not to sue in respect to liability and contribution
- § 8.01-36. Joinder of action of tort to infant with action for recovery of expenses incurred thereby and claim for recovery of expenses by infant
- § 8.01-37. Recovery of lost wages in action for injuries to emancipated infant
- § 8.01-37.1. Claims for medical services provided by United States; proof of reasonable value
- § 8.01-38. Tort liability of hospitals
- § 8.01-38.1. Limitation on recovery of punitive damages
- § 8.01-39. Completion or acceptance of work not bar to action against independent contractor for personal injury, wrongful death or damage to property
- § 8.01-40. Unauthorized use of name or picture of any person; exemplary damages; statute of limitations
- § 8.01-40.1. Action for injury resulting from violation of Computer Crimes Act; limitations
- § 8.01-40.2. Unsolicited transmission of advertising materials by facsimile machine
- § 8.01-41. Wrongful distraint, attachment
- § 8.01-42. Loss or injury to clothing in dyeing, dry cleaning, or laundering
- § 8.01-42.1. Civil action for racial, religious, or ethnic harassment, violence or vandalism
- § 8.01-42.2. Liability of guest for hotel damage
- § 8.01-42.3. Civil action for stalking
- § 8.01-43. Action against parent for damage to public property by minor
- § 8.01-44. Action against parent for damage to private property by minor
- § 8.01-44.1. Immunity from civil liability of members of certain committees, etc
- § 8.01-44.2. Action against physician for vaccine-related injury or death
- § 8.01-44.3. Divulgence of communications by qualified interpreters and communications assistants
- § 8.01-44.4. Action for shoplifting and employee theft
- § 8.01-44.5. Exemplary damages for persons injured by intoxicated drivers
- § 8.01-44.6. Action for injury to cemetery property
- § 8.01-44.7. Action for tampering with metering device and diverting service
Article 4. DEFAMATION
- § 8.01-45. Action for insulting words
- § 8.01-46. Justification and mitigation of damages
- § 8.01-46.1. Disclosure of employment-related information; presumptions; causes of action; definitions
- § 8.01-47. Immunity of persons investigating or reporting certain incidents at schools
- § 8.01-48. Mitigation in actions against newspapers, etc
- § 8.01-49. Defamatory statements in radio and television broadcasts
- § 8.01-49.1. Liability for defamatory material on the Internet
Article 5. DEATH BY WRONGFUL ACT
- § 8.01-50. Action for death by wrongful act; how and when to be brought
- § 8.01-50.1. Certification of expert witness opinion at time of service of process
- § 8.01-51. No action when deceased has compromised claim
- § 8.01-52. Amount of damages
- § 8.01-52.1. Admissibility of expressions of sympathy
- § 8.01-53. Class and beneficiaries; when determined
- § 8.01-54. Judgment to distribute recovery when verdict fails to do so
- § 8.01-55. Compromise of claim for death by wrongful act
- § 8.01-56. When right of action not to determine nor action to abate
Article 6. INJURIES TO RAILROAD EMPLOYEES
- § 8.01-57. Liability of railroads for injury to certain employees
- § 8.01-58. Contributory negligence no bar to recovery; violation of safety appliance acts
- § 8.01-59. Assumption of risk; violation of safety appliance acts
- § 8.01-60. Contracts exempting from liability void; set-off of insurance
- § 8.01-61. Definition of "common carrier" as used in article
- § 8.01-62. Action may embrace liability under both State and federal acts
Article 7. MOTOR VEHICLE ACCIDENTS
- § 8.01-63. Liability for death or injury to guest in motor vehicle
- § 8.01-64. Liability for negligence of minor
- § 8.01-65. Defense of lack of consent of owner
- § 8.01-66. Recovery of damages for loss of use of vehicle
- § 8.01-66.1. Remedy for arbitrary refusal of motor vehicle insurance claim
Article 7.1. LIEN FOR HOSPITAL, MEDICAL AND NURSING SERVICES
- § 8.01-66.2. Lien against person whose negligence causes injury
- § 8.01-66.3. Lien inferior to claim of attorney or personal representative
- § 8.01-66.4. Subrogation
- § 8.01-66.5. Written notice required
- § 8.01-66.6. Liability for reasonable charges for services
- § 8.01-66.7. Hearing and disposal of claim of unreasonableness
- § 8.01-66.8. Petition to enforce lien
- § 8.01-66.9. Lien in favor of Commonwealth, its programs, institutions or departments on claim for personal injuries
- § 8.01-66.9:1. Lien against recovery for medical treatment provided to prisoner
- § 8.01-66.10. Death claims settled by compromise or suit
- § 8.01-66.11. Necessity for settlement or judgment
- § 8.01-66.12. Term physician to include chiropractor
Article 8. ACTIONS FOR THE SALE, LEASE, EXCHANGE, REDEMPTION AND OTHER DISPOSITION OF LANDS OF PERSONS UNDER A DISABILITY
- § 8.01-67. Definitions; persons under a disability; fiduciary
- § 8.01-68. Jurisdiction
- § 8.01-69. Commencement of suit; parties
- § 8.01-70. Repealed
- § 8.01-72. When death to abate such suit
- § 8.01-73. Guardian ad litem to be appointed
- § 8.01-74. Leases on behalf of persons under disability; new leases
- § 8.01-75. Who not to be purchaser
- § 8.01-76. How proceeds from disposition to be secured and applied; when same may be paid over
- § 8.01-77. What proceeds of sale to pass as real estate
- § 8.01-78. Alternate procedure for sale of real estate of person under disability
- § 8.01-79. Same; reference of petition to commissioner
- § 8.01-80. Same; action of court on report; application of proceeds of transaction
Article 9. PARTITION
- § 8.01-81. Who may compel partition of land; jurisdiction; validation of certain partitions of mineral rights
- § 8.01-82. When shares of two or more laid off together
- § 8.01-83. Allotment to one or more parties, or sale, in lieu of partition
- § 8.01-84. Application of proceeds of sale to payment of lien
- § 8.01-85. Disposition of share in proceeds of person under disability
- § 8.01-86. Repealed
- § 8.01-87. Validation of certain partitions prior to act of 1922
- § 8.01-88. Decree of partition to vest legal title
- § 8.01-89. When proceeds of sale deemed personal estate
- § 8.01-90. When name or share of parties unknown
- § 8.01-91. Effect of partition or sale on lessee's rights
- § 8.01-92. Allowance of attorneys' fees out of unrepresented shares
- § 8.01-93. Partition of goods, etc., by sale, if necessary
Article 10. SALE, LEASE, OR EXCHANGE OF CERTAIN ESTATES IN PROPERTY
Article 11. GENERAL PROVISIONS FOR JUDICIAL SALES
- § 8.01-96. Decree for sale; how made; bond of commissioner
- § 8.01-97. Delinquent taxes to be ascertained
- § 8.01-98. Sales of land when purchase price insufficient to pay taxes, etc
- § 8.01-99. Bond required of special commissioner for sale
- § 8.01-100. Liability of clerk for false certificate or failure to give bond
- § 8.01-101. Purchasers relieved of liability for purchase money paid to such commissioner
- § 8.01-102. Purchasers not required to see to application of purchase money
- § 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
- § 8.01-104. Repealed
- § 8.01-105. Rule against special commissioner, purchaser, etc., for judgment for amounts due
- § 8.01-106. How cause heard upon rule and judgment rendered
- § 8.01-107. Trial by jury of issues made upon rule
- § 8.01-108. When sureties of commissioner, purchaser, etc., proceeded against by rule
- § 8.01-109. Commission for selling, collecting, etc.; each piece of property to constitute separate sale
- § 8.01-110. Appointment of special commissioner to execute deed, etc.; effect of deed
- § 8.01-111. What such deed to show
- § 8.01-112. Reinstatement of cause to appoint special commissioner to make deed
- § 8.01-113. When title of purchaser at judicial sale not to be disturbed
Article 12. DETINUE
- § 8.01-114. When property to be taken by officer; summary of evidence, affidavits and report to be filed
- § 8.01-115. Bond required as prerequisite
- § 8.01-116. Return of property to defendant or other claimant
- § 8.01-117. Exceptions to sufficiency of bonds
- § 8.01-118. Repealed
- § 8.01-119. Hearing to review issuance of order or process under ยง 8.01-114 or to consider request for such order or process
- § 8.01-120. No verdict as to some items; omission of price or value
- § 8.01-121. Final judgment
- § 8.01-122. Charges for keeping property
- § 8.01-123. Recovery of damages sustained for property withheld during appeal
Article 13. UNLAWFUL ENTRY AND DETAINER
- § 8.01-124. Motion for judgment in circuit court for unlawful entry or detainer
- § 8.01-125. When summons returnable to circuit court; jury
- § 8.01-126. Summons for unlawful detainer issued by magistrate or clerk or judge of a general district court
- § 8.01-127. Repealed
- § 8.01-128. Verdict and judgment; damages
- § 8.01-129. Appeal from judgment of general district court
- § 8.01-130. Judgment not to bar action of trespass or ejectment
Article 14. EJECTMENT
- § 8.01-131. Action of ejectment retained; when and by whom brought
- § 8.01-132. What interest and right plaintiff must have
- § 8.01-133. Who shall be defendants; when and how landlord may defend
- § 8.01-134. How action commenced and prosecuted
- § 8.01-135. What is to be stated in motion for judgment
- § 8.01-136. How premises described
- § 8.01-137. Plaintiff to state how he claims
- § 8.01-138. There may be several counts and several plaintiffs
- § 8.01-139. What proof by plaintiff is sufficient
- § 8.01-140. Effect of reservation in deed; burden of proof
- § 8.01-141. When action by cotenants, etc., against cotenants, what plaintiff to prove
- § 8.01-142. Verdict when action against several defendants
- § 8.01-143. When there may be several judgments against defendants
- § 8.01-144. Recovery of part of premises claimed
- § 8.01-145. When possession of part not possession of whole
- § 8.01-146. When vendee, etc., entitled to conveyance of legal title, vendor cannot recover
- § 8.01-147. When mortgagee or trustee not to recover
- § 8.01-148. Right of defendant to resort to equity not affected
- § 8.01-149. Verdict when jury finds for plaintiffs or any of them
- § 8.01-150. Verdict when any plaintiff has no right
- § 8.01-151. How verdict to specify premises recovered
- § 8.01-152. How verdict to specify undivided interest or share
- § 8.01-153. Verdict to specify estate of plaintiff
- § 8.01-154. When right of plaintiff expires before trial, what judgment entered
- § 8.01-155. How judgment for plaintiff entered
- § 8.01-156. Authority of sheriffs, etc., to store and sell personal property removed from premises; recovery of possession by owner; disposition or sale
- § 8.01-157. Repealed
- § 8.01-158. How claim of plaintiff for profits and damages assessed
- § 8.01-159. When court to assess damages
- § 8.01-160. Defendant to give notice of claim for improvements
- § 8.01-161. How allowed
- § 8.01-162. Postponement of assessment and allowance
- § 8.01-163. Judgment to be conclusive
- § 8.01-164. Recovery of mesne profits, etc., not affected
- § 8.01-165. Writ of right, etc., abolished
Article 15. IMPROVEMENTS
- § 8.01-166. How defendant may apply therefor, and have judgment suspended
- § 8.01-167. How damages of plaintiff assessed
- § 8.01-168. For what time
- § 8.01-169. How value of improvements determined in favor of defendant
- § 8.01-170. If allowance for improvements exceed damages, what to be done
- § 8.01-171. Verdict for balance, after offsetting damages against improvements
- § 8.01-172. Balance for defendant a lien on the land
- § 8.01-173. How tenant for life, paying for improvements, reimbursed
- § 8.01-174. Exception as to mortgagees and trustees
- § 8.01-175. When plaintiff may require his estate only to be valued; how determined; how he may elect to relinquish his title to defendant
- § 8.01-176. How payment of such value to be made by defendant; when land sold therefor
- § 8.01-177. When such value to be deemed real estate
- § 8.01-178. When and how defendant, if evicted, may recover from plaintiff amount paid
Article 16. ESTABLISHING BOUNDARIES TO LAND
- § 8.01-179. Motion for judgment to establish boundary lines
- § 8.01-180. Parties defendant; pleadings
- § 8.01-181. Surveys
- § 8.01-182. Claims to rents, etc., not considered
- § 8.01-183. Recordation and effect of judgment
Article 17. DECLARATORY JUDGMENTS
- § 8.01-184. Power to issue declaratory judgments
- § 8.01-184.1. Declaratory judgment to adjudicate constitutional nexus
- § 8.01-185. Venue
- § 8.01-186. Further relief
- § 8.01-187. Commissioners or condemnation jurors to determine compensation for property taken or damaged
- § 8.01-188. Jury trial
- § 8.01-189. Injunction
- § 8.01-190. Costs
- § 8.01-191. Construction of article
Article 18. RECOVERY OF CLAIMS AGAINST THE COMMONWEALTH OF VIRGINIA
- § 8.01-192. How claims to be prosecuted
- § 8.01-193. Defense and hearing
- § 8.01-194. Jury may be impaneled; judgment
- § 8.01-195. No judgment to be paid without special appropriation
Article 18.1. TORT CLAIMS AGAINST THE COMMONWEALTH OF VIRGINIA
- § 8.01-195.1. Short title
- § 8.01-195.2. Definitions
- § 8.01-195.3. Commonwealth, transportation district or locality liable for damages in certain cases
- § 8.01-195.4. Jurisdiction of claims under this article; right to jury trial; service on Commonwealth or locality
- § 8.01-195.5. Settlement of certain cases
- § 8.01-195.6. Notice of claim
- § 8.01-195.7. Statute of limitations
- § 8.01-195.8. Release of further claims
- § 8.01-195.9. Claims evaluation program
Article 18.2. COMPENSATION FOR WRONGFUL INCARCERATION FOR A FELONY CONVICTION
- § 8.01-195.10. Purpose; action by the General Assembly required; definitions
- § 8.01-195.11. Compensation for wrongful incarceration
- § 8.01-195.12. Conditions for continued compensation
Article 19. ACTIONS BY THE COMMONWEALTH
- § 8.01-196. Comptroller to institute proceedings
- § 8.01-197. In what name; when not to abate
- § 8.01-198. Action, against whom instituted
- § 8.01-199. Judgment, nature of
- § 8.01-200. Mistakes against State corrected
- § 8.01-201. Execution; real estate to be sold
- § 8.01-202. Execution, to whom issued
- § 8.01-203. Goods and chattels liable before real estate
- § 8.01-204. Notice of sale of real estate; when sale to be made
- § 8.01-205. How sale made
- § 8.01-206. Terms of sale
- § 8.01-207. Who to collect purchase money and make deed; disposition of proceeds of sale
- § 8.01-208. When successor of officer to make deed
- § 8.01-209. Bond for purchase money to have force of judgment
- § 8.01-210. Judgment against deceased obligors
- § 8.01-211. When venditioni exponas issued to sheriff of adjacent county; what to contain
- § 8.01-212. Officer to deliver to sheriff goods and chattels levied on
- § 8.01-213. Where same to be sold
- § 8.01-214. Where real estate to be sold
- § 8.01-215. Return of officer when sale not made because of prior encumbrance
- § 8.01-216. Comptroller's power to adjust old claims
Article 19.1. VIRGINIA FRAUD AGAINST TAXPAYERS ACT
- § 8.01-216.1. Citation
- § 8.01-216.2. Definitions
- § 8.01-216.3. False claims; civil penalty
- § 8.01-216.4. Attorney General; investigation, civil action
- § 8.01-216.5. Civil actions filed by private persons; Commonwealth may intervene
- § 8.01-216.6. Rights of private plaintiff and Commonwealth
- § 8.01-216.7. Award to private plaintiff
- § 8.01-216.8. Certain actions barred; relief from employment discrimination; waiver of sovereign immunity
- § 8.01-216.9. Procedure; statute of limitations
- § 8.01-216.10. Civil investigative demands; issuance; sharing information
- § 8.01-216.11. Civil investigative demands; contents and deadlines
- § 8.01-216.12. Civil investigative demands; protected material or information
- § 8.01-216.13. Civil investigative demands; service and jurisdiction
- § 8.01-216.14. Civil investigative demands; documentary material
- § 8.01-216.15. Civil investigative demands; interrogatories
- § 8.01-216.16. Civil investigative demands; oral examinations
- § 8.01-216.17. Civil investigative demands; custodian of documents; answers
- § 8.01-216.18. Civil investigative demands; judicial proceedings for noncompliance
- § 8.01-216.19. Application of the Rules of the Supreme Court
Article 20. CHANGE OF NAME
Article 21. MISCELLANEOUS PROVISIONS
- § 8.01-218. Replevin abolished
- § 8.01-219. Effect of judgment in trover
- § 8.01-219.1. Responsibility of possessor of real property for harm to trespasser
- § 8.01-220. Action for alienation of affection, breach of promise, criminal conversation and seduction abolished
- § 8.01-220.1. Defense of interspousal immunity abolished as to certain causes of action arising on or after July 1, 1981
- § 8.01-220.1:1. Civil immunity for officers, partners, members, managers, trustees and directors of certain tax exempt organizations
- § 8.01-220.1:2. Civil immunity for teachers under certain circumstances
- § 8.01-220.1:3. Immunity for members of church, synagogue or religious body
- § 8.01-220.1:4. Civil immunity for officers and directors of certain nonprofit organizations
- § 8.01-220.2. Spousal liability for medical care
- § 8.01-221. Damages from violation of statute, remedy therefor and penalty
- § 8.01-221.1. Unestablished business damages; lost profits
- § 8.01-221.2. Rescission; undue influence; attorney fees
- § 8.01-222. Repealed
- § 8.01-223. Lack of privity no defense in certain cases
- § 8.01-223.1. Use of constitutional rights
- § 8.01-223.2. Immunity of persons at public hearing
- § 8.01-224. Defense of governmental immunity not available to certain persons in actions for damages from blasting, etc
- § 8.01-225. Persons rendering emergency care, obstetrical services exempt from liability
- § 8.01-225.01. Certain immunity for health care providers during disasters under specific circumstances
- § 8.01-225.02. Certain liability protection for health care providers during disasters
- § 8.01-225.1. Immunity for team physicians
- § 8.01-225.2. Immunity for those rendering emergency care to animals
- § 8.01-226. Duty of care to law-enforcement officers and firefighters, etc
- § 8.01-226.1. Civil immunity when participating in Lawyers Helping Lawyers
- § 8.01-226.2. Civil immunity for licensed professional engineers and licensed architects participating in rescue or relief assistance
- § 8.01-226.3. Civil immunity for officers, directors and members of certain crime information-gathering organizations
- § 8.01-226.4. Civil immunity for hospice volunteers
- § 8.01-226.5. Immunity for installers and inspectors of child restraint devices
- § 8.01-226.5:1. Civil immunity for school board employees supervising self-administration of certain medication
- § 8.01-226.5:2. Immunity of hospital or rescue squad personnel for the acceptance of certain infants
- § 8.01-226.6. Repealed
- § 8.01-226.7. Owner and agent compliance with residential lead-based paint notification; maintenance immunity
- § 8.01-226.8. Civil immunity for public officials and private volunteers participating in certain programs for probationers
- § 8.01-226.9. Exemption from civil liability in connection with arrest or detention of person suspected of shoplifting
- § 8.01-226.10. Civil immunity for causing the arrest of a person for a bad check
- § 8.01-226.11. Civil immunity for operation of victim notification program
- § 8.01-226.12. Duty of landlord and managing agent with respect to visible mold
- § 8.01-227. Remedy by motion on certain bonds given or taken by officers; notice
Article 22. YEAR 2000 LIABILITY AND DAMAGES
Article 23. DRUG DEALER LIABILITY ACT
- § 8.01-227.4. Definitions
- § 8.01-227.5. Persons who may bring action; persons against whom actions may be brought; damages recoverable
- § 8.01-227.6. Law-enforcement officer or agency; health care provider not liable under certain conditions
- § 8.01-227.7. Statute of limitations
Article 24. SPACE FLIGHT LIABILITY AND IMMUNITY ACT.
- § 8.01-227.8. Definitions
- § 8.01-227.9. Civil immunity for space flight entities
- § 8.01-227.10. Warning required
Article 25. WINTER SPORTS SAFETY ACT.
- § 8.01-227.11. Definitions
- § 8.01-227.12. Warnings and other winter sports area operator requirements
- § 8.01-227.13. Winter sports area trail maps
- § 8.01-227.14. Freestyle terrain
- § 8.01-227.15. Winter sports area vehicles
- § 8.01-227.16. Passenger tramways
- § 8.01-227.17. Duties and responsibilities of winter sports participants and certain other individuals
- § 8.01-227.18. Helmets
- § 8.01-227.19. Assumption of risks
- § 8.01-227.20. Liability of winter sports area operator
- § 8.01-227.21. Common law regarding minors
- § 8.01-227.22. Failure to fulfill duty or responsibility not negligence per se
- § 8.01-227.23. Applicability of article
Article 1. IN GENERAL
- § 8.01-228. Scope of limitations; "personal action" defined
- § 8.01-229. Suspension or tolling of statute of limitations; effect of disabilities; death; injunction; prevention of service by defendant; dismissal, nonsuit or abatement; devise for payment of debts; new promises; debts proved in creditors' suits
- § 8.01-230. Accrual of right of action
- § 8.01-231. Commonwealth not within statute of limitations
- § 8.01-232. Effect of promises not to plead statute
- § 8.01-233. When action deemed brought on counterclaim or cross-claim; when statute of limitations tolled; defendant's consent required for dismissal
- § 8.01-234. Repeal of limitation not to remove bar of statute
- § 8.01-235. Bar of expiration of limitation period raised only as affirmative defense in responsive pleading
Article 2. LIMITATIONS ON RECOVERY OF REALTY AND ENFORCEMENT OF CERTAIN LIENS RELATING TO REALTY
- § 8.01-236. Limitation of entry on or action for land
- § 8.01-237. Effect of disabilities upon right of entry on, or action for, land
- § 8.01-238. To repeal grant
- § 8.01-239. Ground rents
- § 8.01-240. Liens for water, sewer, or sidewalk assessments
- § 8.01-241. Limitation of enforcement of deeds of trust, mortgages and liens for unpaid purchase money
- § 8.01-241.1. Permissible form for certificate
- § 8.01-242. Same; when no maturity date is given; credit line deeds of trust
Article 3. PERSONAL ACTIONS GENERALLY
- § 8.01-243. Personal action for injury to person or property generally; extension in actions for malpractice against health care provider
- § 8.01-243.1. Actions for medical malpractice; minors
- § 8.01-243.2. Limitations of actions by confined persons; exhaustion
- § 8.01-244. Actions for wrongful death; limitation
- § 8.01-245. Limitation on actions upon the bond of any fiduciaries or as to suits against fiduciaries themselves; accrual of cause of action where execution sustained
- § 8.01-246. Personal actions based on contracts
- § 8.01-247. When action on contract governed by the law of another state or country barred in Virginia
- § 8.01-247.1. Limitation on action for defamation, etc
- § 8.01-248. Personal actions for which no other limitation is specified
- § 8.01-249. When cause of action shall be deemed to accrue in certain personal actions
- § 8.01-250. Limitation on certain actions for damages arising out of defective or unsafe condition of improvements to real property
- § 8.01-250.1. Limitation on actions involving removal of asbestos
Article 4. LIMITATIONS ON ENFORCEMENT OF JUDGMENTS AND DECREES
Article 5. MISCELLANEOUS LIMITATIONS PROVISIONS
- § 8.01-253. Limitation of suits to avoid voluntary conveyances, etc
- § 8.01-254. Limitation on enforcement of bequests and legacies
- § 8.01-255. Time for presenting claim against Commonwealth
- § 8.01-255.1. Limitation of action for breach of condition subsequent or termination of determinable fee simple estate
- § 8.01-255.2. Limitation on motion for new execution after loss of property sold under indemnity bond
- § 8.01-256. As to rights and remedies existing when this chapter takes effect
- § 8.01-257. Venue generally
- § 8.01-258. Venue not jurisdictional
- § 8.01-259. Application
- § 8.01-260. Proper venue; preferred forum in certain actions; permissible forums for other actions
- § 8.01-261. Category A or preferred venue
- § 8.01-262. Category B or permissible venue
- § 8.01-262.1. Place for bringing action under a contract related to construction
- § 8.01-263. Multiple parties
- § 8.01-264. Venue improperly laid; objection
- § 8.01-265. Change of venue by court
- § 8.01-266. Costs
- § 8.01-267. Discretion of judge
- § 8.01-267.1. Standards governing consolidation, etc., and transfer
- § 8.01-267.2. When actions pending in same court
- § 8.01-267.3. Consolidation and other combined proceedings
- § 8.01-267.4. Transfer
- § 8.01-267.5. Joinder and severance
- § 8.01-267.6. Separate trials; special interrogatories
- § 8.01-267.7. Later-filed actions
- § 8.01-267.8. Interlocutory appeal
- § 8.01-267.9. Effect on other law
Chapter 7. CIVIL ACTIONS; COMMENCEMENT, PLEADINGS, AND MOTIONS
Article 1. CIVIL ACTIONS GENERALLY
Article 2. PLEADINGS GENERALLY
- § 8.01-271. Compliance with Rules of Supreme Court
- § 8.01-271.01. Electronic filings in civil actions in circuit court
- § 8.01-271.1. Signing of pleadings, motions, and other papers; oral motions; sanctions
- § 8.01-272. Pleading several matters; joining tort and contract claims; separate trial in discretion of court; counterclaims
- § 8.01-273. Demurrer; form; grounds to be stated; amendment
- § 8.01-273.1. Motion for judgment; motion to refer; Virginia Birth-Related Neurological Injury Compensation Act
- § 8.01-274. Motion to strike defensive pleading in equity and at law; exceptions abolished
- § 8.01-275. When action or suit not to abate for want of form; what defects not to be regarded
- § 8.01-275.1. When service of process is timely
- § 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
- § 8.01-277. Defective process; motion to quash; untimely service; motion to dismiss
- § 8.01-277.1. Objections to personal jurisdiction or defective process; what constitutes waiver
- § 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
- § 8.01-279. When proof is unnecessary unless affidavit filed; handwriting; ownership; partnership or incorporation
- § 8.01-280. Pleadings may be sworn to before clerk; affidavit of belief sufficient
- § 8.01-281. Pleading in alternative; separate trial on motion of party
Article 3. PARTICULAR EQUITY PROVISIONS
Chapter 8. PROCESSArticle 1. IN GENERAL
- § 8.01-285. Definition of certain terms for purposes of this chapter; process, return, statutory agent
- § 8.01-286. Forms of writs
- § 8.01-286.1. Service of process; waiver, duty to save costs, request to waive, how served
- § 8.01-287. How process to be served
- § 8.01-288. Process received in time good though neither served nor accepted
- § 8.01-289. No service of process on Sunday; exceptions
Article 2. HOW PROCESS IS ISSUED
- § 8.01-290. Plaintiffs required to furnish full name and last known address of defendants, etc
- § 8.01-291. Copies to be made
- § 8.01-292. To whom process directed and where executed
Article 3. WHO AND WHERE TO SERVE PROCESS
- § 8.01-293. Authorization to serve process, capias or show cause order; execute writ of possession and levy upon property
- § 8.01-294. Sheriff to get from clerk's office process and other papers; return of papers; effect of late return
- § 8.01-295. Territorial limits within which sheriff may serve process in his official capacity; process appearing to be duly served
Article 4. WHO TO BE SERVED
- § 8.01-296. Manner of serving process upon natural persons
- § 8.01-297. Process on convict defendant
- § 8.01-298. How summons for witness or juror served
- § 8.01-299. How process served on domestic corporations generally
- § 8.01-300. How process served on municipal and county governments and on quasi-governmental entities
- § 8.01-301. How process served on foreign corporations generally
- § 8.01-302. Repealed
- § 8.01-303. On whom process served when corporation operated by trustee or receiver
- § 8.01-304. How process served on copartner or partnership
- § 8.01-305. Process against unincorporated associations or orders, or unincorporated common carriers
- § 8.01-306. Process against unincorporated associations or orders, or unincorporated common carriers; principal office outside Virginia and business transactions in Virginia
- § 8.01-307. Definition of terms "motor vehicle" and "nonresident" in motor vehicle and aircraft accident cases
- § 8.01-308. Service on Commissioner of the Department of Motor Vehicles as agent for nonresident motor vehicle operator
- § 8.01-309. Service on Secretary of Commonwealth as agent of nonresident operator or owner of aircraft
- § 8.01-310. How service made on Commissioner and Secretary; appointment binding
- § 8.01-311. Continuance of action where service made on Commissioner or Secretary
- § 8.01-312. Effect of service on statutory agent; duties of such agent
- § 8.01-313. Specific addresses for mailing by statutory agent
- § 8.01-314. Service on attorney after entry of general appearance by such attorney
- § 8.01-315. Notice to be mailed defendant when service accepted by another
- § 8.01-316. Service by publication; when available
- § 8.01-317. What order of publication to state; how published; when publication in newspaper dispensed with
- § 8.01-318. Within what time after publication case tried or heard; no subsequent publication required
- § 8.01-319. Publication of interim notice
- § 8.01-320. Personal service outside of Virginia
- § 8.01-321. Orders of publication in proceedings to enforce liens for taxes assessed upon real estate
- § 8.01-322. Within what time case reheard on petition of party served by publication, and any injustice corrected
- § 8.01-323. In what counties city newspapers deemed published for purpose of legal advertisements
- § 8.01-324. Newspapers which may be used for legal notices and publications
- § 8.01-325. Return by person serving process
- § 8.01-326. Return as proof of service
- § 8.01-326.1. Service of process or notice on statutory agent; copy to be sent to defendant and certificate filed with court; effective date of service
- § 8.01-327. Acceptance of service of process
Article 5. PRIVILEGE FROM CIVIL ARREST
- § 8.01-327.1. Definition of "arrest under civil process"
- § 8.01-327.2. Who are privileged from arrest under civil process
- § 8.01-328. Person defined
- § 8.01-328.1. When personal jurisdiction over person may be exercised
- § 8.01-329. Service of process or notice; service on Secretary of Commonwealth
- § 8.01-330. Jurisdiction on any other basis authorized
- § 8.01-331. Entry of cases on current dockets
- § 8.01-332. Calling current docket
- § 8.01-333. Reserved
- § 8.01-334. Repealed
- § 8.01-335. Certain cases struck from dockets after certain period; reinstatement
Article 1. WHEN JURY TRIAL MAY BE HAD
Article 2. JURORS
- § 8.01-337. Who liable to serve as jurors
- § 8.01-338. Who disqualified
- § 8.01-339. No person eligible for whom request is made
- § 8.01-340. No person to serve who has case at that term
- § 8.01-341. Who are exempt from jury service
- § 8.01-341.1. Exemptions from jury service upon request
- § 8.01-341.2. Deferral or limitation of jury service for particular occupational inconvenience
- § 8.01-342. Restrictions on amount of jury service permitted
Article 3. SELECTION OF JURORS
- § 8.01-343. Appointment of jury commissioners
- § 8.01-344. Notification of jury commissioners; their oath
- § 8.01-345. Lists of qualified persons to be prepared by jury commissioners; random selection process
- § 8.01-346. Lists to be delivered to clerk and safely kept by him; addition and removal of names
- § 8.01-347. How names put in jury box
- § 8.01-348. How names of jurors drawn from box
- § 8.01-349. Notations on ballots drawn; return to box; when such ballots may be drawn again
- § 8.01-350. Repealed
- § 8.01-350.1. Selection of jurors by mechanical or electronic techniques for the term of court
- § 8.01-351. Preparation and disposition of list of jurors drawn
- § 8.01-352. Objections to irregularities in jury lists or for legal disability; effect thereof
Article 4. JURY SERVICE
- § 8.01-353. Notice to jurors; making copy of jury panel available to counsel; objection to notice
- § 8.01-353.1. Jurors to provide identification
- § 8.01-354. "Writ of venire facias" defined
- § 8.01-355. Jurors on list to be used for trial of cases during term; discharge or dispensing with attendance of jurors; drawing additional jurors
- § 8.01-356. Failure of juror to appear
- § 8.01-357. Selection of jury panel
- § 8.01-358. Voir dire examination of persons called as jurors
- § 8.01-359. Trial; numbers of jurors in civil cases; how jurors selected from panel
- § 8.01-360. Additional jurors when trial likely to be protracted
- § 8.01-361. New juror may be sworn in place of one disabled; when court may discharge jury
- § 8.01-362. Special juries
- § 8.01-363. When impartial jury cannot be obtained locally
Article 1. INTERPLEADER
Article 2. CLAIMS OF THIRD PARTIES TO PROPERTY DISTRAINED OR LEVIED ON
- § 8.01-365. How claim of third party tried
- § 8.01-366. Sale of property when no forthcoming bond is given
- § 8.01-367. Indemnifying bond to officer
- § 8.01-368. Return of such bond to clerk's office
- § 8.01-369. Effect of such bond
- § 8.01-370. Claimant may give suspending bond; proceedings to have title settled; action on indemnifying or suspending bond
- § 8.01-371. How forthcoming bond taken of claimant of property the sale whereof has been suspended
- § 8.01-372. Sale despite bond when property perishable, etc
- § 8.01-373. When property sells for more than claim, how surplus paid
- § 8.01-374. Procedure when original papers in cause are lost
- § 8.01-374.1. Consolidation or bifurcation of issues or claims in certain cases; appeal
- § 8.01-375. Exclusion of witnesses in civil cases (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section and subsection (b) of Supreme Court Rule 2:615 derived from this section)
- § 8.01-376. Views by juries
- § 8.01-377. Remedy when variance appears between evidence and allegations
- § 8.01-377.1. Summary judgment
- § 8.01-378. Trial judge not to direct verdicts
- § 8.01-379. Argument before jury
- § 8.01-379.1. Informing jury of amounts sued for
- § 8.01-379.2. Jury instructions
- § 8.01-379.3. General verdict accompanied by answer to interrogatories
- § 8.01-380. Dismissal of action by nonsuit; fees and costs
- § 8.01-381. What jury may carry out
- § 8.01-382. Verdict, judgment or decree to fix period at which interest begins; final order; judgment or decree for interest
- § 8.01-383. Power to grant new trial; how often
- § 8.01-383.1. Appeal when verdict reduced and accepted under protest; new trial for inadequate damages
- § 8.01-384. Formal exceptions to rulings or orders of court unnecessary; motion for new trial unnecessary in certain cases
- § 8.01-384.1. Interpreters for deaf in civil proceedings
- § 8.01-384.1:1. Interpreters for non-English-speaking persons in civil cases
- § 8.01-384.2. Waiver of discovery time limitations by parties
Article 1. JUDICIAL NOTICE
- § 8.01-385. Definitions
- § 8.01-386. Judicial notice of laws (Supreme Court Rule 2:202 derived in part from this section)
- § 8.01-387. Notice by courts and officers of signatures of judges and Governor
- § 8.01-388. Judicial notice of official publications (Supreme Court Rule 2:203 derived from this section)
Article 2. LAWS, PUBLIC RECORDS, AND COPIES OF ORIGINAL RECORDS AS EVIDENCE
- § 8.01-389. Judicial records as evidence; full faith and credit; recitals in deeds, deeds of trust, and mortgages; "records" defined; certification
- § 8.01-390. Nonjudicial records as evidence (Subdivision (10)(a) of Supreme Court Rule 2:803 derived from subsection C of this section)
- § 8.01-390.1. School records as evidence
- § 8.01-390.2. Reports by Chief Medical Examiner received as evidence
- § 8.01-390.3. Business records as evidence
- § 8.01-391. Copies of originals as evidence (Supreme Court Rule 2:1005 derived from this section)
Article 2.1. CHECK CLEARING FOR THE 21ST CENTURY EVIDENCE ACT.
Article 3. ESTABLISHING LOST RECORDS, ETC
- § 8.01-392. When court order book or equivalent is lost or illegible, what matters may be reentered
- § 8.01-393. When book or paper or equivalent in clerk's office lost, destroyed, or illegible to be again recorded
- § 8.01-394. How contents of any such lost record, etc., proved
- § 8.01-395. Validating certain proceedings under ยง 8.01-394
Article 4. WITNESSES GENERALLY
- § 8.01-396. No person incompetent to testify by reason of interest, or because a party
- § 8.01-396.1. Competency of witness
- § 8.01-397. Corroboration required and evidence receivable when one party incapable of testifying (subdivision (b)(5) of Supreme Court Rule 2:804 derived from this section)
- § 8.01-397.1. Evidence of habit or routine practice; defined (Supreme Court Rule 2:406 derived from this section)
- § 8.01-398. Privileged marital communications (Subsection (a) of Supreme Court Rule 2:504 derived from this section)
- § 8.01-399. Communications between physicians and patients (Supreme Court Rule 2:505 derived from this section)
- § 8.01-400. Communications between ministers of religion and persons they counsel or advise (Supreme Court Rule 2:503 derived in part from this section)
- § 8.01-400.1. Privileged communications by interpreters for the deaf (Supreme Court Rule 2:507 derived in part from this section)
- § 8.01-400.2. Communications between certain mental health professionals and clients (Supreme Court Rule 2:506 derived from this section)
- § 8.01-401. How adverse party may be examined; effect of refusal to testify (subsection (b) of Supreme Court Rule 2:607 and subsection (c) of Supreme Court Rule 2:611 derived from subsection A of this section)
- § 8.01-401.1. Opinion testimony by experts; hearsay exception (subsection (a) of Supreme Court Rule 2:703, subsection (a) of Supreme Court Rule 2:705, and subsection (a) of Supreme Court Rule 2:706 derived from this section)
- § 8.01-401.2. Chiropractor or physician assistant as expert witness
- § 8.01-401.2:1. Podiatrist as an expert witness
- § 8.01-401.3. Opinion testimony and conclusions as to facts critical to civil case resolution (Supreme Court Rule 2:701 derived from subsection B of this section, subdivision (a)(i) of Supreme Court Rule 2:702 derived from subsection A of this section, and subsect
- § 8.01-402. Members of Department of Motor Vehicles' Crash Investigation Team not to be required to give evidence in certain cases
- § 8.01-403. Witness proving adverse; contradiction; prior inconsistent statement (Subsection (c) of Supreme Court Rule 2:607 and subdivision (a)(i) of Supreme Court Rule 2:613 derived from this 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)
- § 8.01-405. Who may administer oath to witness
- § 8.01-406. Interpreters; recording testimony of deaf witness (Supreme Court Rule 2:604 derived from this section)
Article 5. COMPELLING ATTENDANCE OF WITNESSES, ETC
- § 8.01-407. How summons for witness issued, and to whom directed; prior permission of court to summon certain officials and judges; attendance before commissioner of other state; attorney-issued summons
- § 8.01-407.1. Identity of persons communicating anonymously over the Internet
- § 8.01-408. Recognizance taken upon continuance of case
- § 8.01-409. When court may have process for witness executed by its own officer in another county or city
- § 8.01-410. Inmates as witnesses in civil actions
Article 6. UNIFORM FOREIGN DEPOSITIONS ACT
Article 6.1. UNIFORM AUDIO-VISUAL DEPOSITION ACT
- § 8.01-412.2. Authorization of audio-visual deposition; official record; uses
- § 8.01-412.3. Notice of audio-visual deposition
- § 8.01-412.4. Procedure
- § 8.01-412.5. Costs
- § 8.01-412.6. Promulgation of rules for standards and guidelines
- § 8.01-412.7. Short title
Article 6.2. UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT.
- § 8.01-412.8. Short title
- § 8.01-412.9. Definitions
- § 8.01-412.10. Issuance of subpoena
- § 8.01-412.11. Service of subpoena
- § 8.01-412.12. Deposition, production, and inspection
- § 8.01-412.13. Application to court
- § 8.01-412.14. Uniformity of application and construction; reciprocal privileges
- § 8.01-412.15. Application to pending actions
Article 7. MEDICAL EVIDENCE
- § 8.01-413. Certain copies of health care provider's records or papers of patient admissible; right of patient, his attorney and authorized insurer to copies of such records or papers; subpoena; damages, costs and attorneys' fees
- § 8.01-413.01. Authenticity and reasonableness of medical bills; presumption
- § 8.01-413.02. Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment
Article 7.1. EMPLOYMENT EVIDENCE
Article 8. CERTAIN AFFIDAVITS
- § 8.01-414. Affidavit prima facie evidence of nonresidence
- § 8.01-415. Affidavit evidence of publication
- § 8.01-416. Affidavit re damages to motor vehicle
Article 9. MISCELLANEOUS PROVISIONS
- § 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
- § 8.01-417.1. Use of portions of documents in evidence (Subsection (b) of Supreme Court Rule 2:106 derived from this section)
- § 8.01-418. When plea of guilty or nolo contendere or forfeiture in criminal prosecution or traffic case admissible in civil action; proof of such plea
- § 8.01-418.1. Evidence of subsequent measures taken not admissible to prove negligence (Supreme Court Rule 2:407 derived from this section)
- § 8.01-418.2. Evidence of polygraph examination inadmissible in any proceeding
- § 8.01-418.3. Repealed
- § 8.01-419. Table of life expectancy
- § 8.01-419.1. Motor vehicle value
- § 8.01-420. Depositions as basis for motion for summary judgment or to strike evidence
- § 8.01-420.01. Limiting further disclosure of discoverable materials and information; protective order
- § 8.01-420.1. Abolition of common-law perpetuation of testimony
- § 8.01-420.2. Limitation on use of recorded conversations as evidence
- § 8.01-420.3. Court reporters to provide transcripts; when recording may be stopped; use of transcript as evidence
- § 8.01-420.4. Taking of depositions
- § 8.01-420.5. Estoppel effect of judicial determination of employment status
- § 8.01-420.6. Number of witnesses whose depositions may be taken
- § 8.01-420.7. Attorney-client privilege and work product protection; limitations on waiver
- § 8.01-420.8. Protection of confidential information in court files
- § 8.01-421. Payment may be pleaded; payment into court of part of claim; procedure upon such payment
- § 8.01-422. Pleading equitable defenses
- § 8.01-423. When plaintiff claims as assignee or transferee
- § 8.01-424. Approval of compromises on behalf of persons under a disability in suits or actions to which they are parties
- § 8.01-424.1. Settlement of third-party action; deemed consent by employer
- § 8.01-425. How fiduciaries may compromise liabilities due to or from them
- § 8.01-425.1. Release of liability; right of rescission
Article 1. IN GENERAL
- § 8.01-426. "Judgment" includes decree
- § 8.01-427. Persons entitled under decree deemed judgment creditors; execution on decree
- § 8.01-427.1. Repealed
- § 8.01-428. Setting aside default judgments; clerical mistakes; independent actions to relieve party from judgment or proceedings; grounds and time limitations
- § 8.01-429. Action of appellate court when there might be redress under ยง 8.01-428
- § 8.01-430. When final judgment to be entered after verdict set aside
Article 2. JUDGMENTS BY CONFESSION
- § 8.01-431. Judgment or decree by confession in pending suit
- § 8.01-432. Confession of judgment irrespective of suit pending
- § 8.01-433. Setting aside judgments confessed under ยง 8.01-432
- § 8.01-433.1. Notice of confession of judgment provision
- § 8.01-434. Lien of such judgments
- § 8.01-435. Who may confess judgment
- § 8.01-436. Form of confession of judgment
- § 8.01-437. Endorsement of clerk thereon
- § 8.01-438. When judgment confessed by attorney-in-fact copy to be served on judgment debtor
- § 8.01-439. Filing of records by clerk
- § 8.01-440. Docketing and execution
- § 8.01-441. When judgment confessed by virtue of power of attorney invalid
Article 3. WHEN THERE ARE SEVERAL DEFENDANTS
- § 8.01-442. In joint actions on contract plaintiff, though barred as to some, may have judgment against others
- § 8.01-443. Joint wrongdoers; effect of judgment against one
- § 8.01-444. Where new parties added; if some not liable, how judgment entered
Article 4. DISTINCTION BETWEEN TERM AND VACATION ABOLISHED
Article 5. KEEPING OF DOCKET BOOKS; EXECUTION THEREON; DISPOSAL OF EXHIBITS
- § 8.01-446. Clerks to keep judgment dockets; what judgments to be docketed therein
- § 8.01-446.1. Keeping of docket books by clerk of court using micrographic process; form
- § 8.01-447. Docketing of judgments and decrees of United States courts
- § 8.01-448. Attorney General, etc., to have judgments in favor of Commonwealth docketed
- § 8.01-449. How judgments are docketed
- § 8.01-450. How indexed
- § 8.01-451. Judgments to be docketed and indexed in new names of judgment debtors; how execution may thereafter issue
- § 8.01-452. Entry of assignment of judgment on judgment lien docket
- § 8.01-452.1. Disposal of exhibits in civil cases
Article 6. SATISFACTION
- § 8.01-453. When and how payment or discharge entered on judgment docket
- § 8.01-454. Judgment, when paid, to be so noted by creditor
- § 8.01-455. Court, on motion of defendant, etc., may have payment of judgment entered
- § 8.01-456. Satisfaction of judgment when judgment creditor cannot be located
- § 8.01-457. Marking satisfied judgments for Commonwealth; payment by third parties releasing recognizances
Article 7. LIEN AND ENFORCEMENT THEREOF
- § 8.01-458. From what time judgment to be a lien on real estate; docketing revived judgment
- § 8.01-459. Priority of judgments
- § 8.01-460. Decree for support and maintenance of spouse or infant children of parties as lien on real estate
- § 8.01-461. Abstracts of judgments
- § 8.01-462. Jurisdiction of equity to enforce lien of judgment; when it may decree sale
- § 8.01-463. Enforcement of lien when judgment does not exceed twenty dollars
- § 8.01-464. Order of liability between alienees of different parts of estate
- § 8.01-465. Chapter embraces recognizances and bonds having force of judgment
- § 8.01-465.1. Application of chapter
- § 8.01-465.2. Filing and status of foreign judgments
- § 8.01-465.3. Notice of filing
- § 8.01-465.4. Stay of enforcement
- § 8.01-465.5. Optional procedure
- § 8.01-465.6. Repealed
- § 8.01-465.13:1. Definitions
- § 8.01-465.13:2. Applicability
- § 8.01-465.13:3. Standards for recognition of foreign-country judgment
- § 8.01-465.13:4. Personal jurisdiction
- § 8.01-465.13:5. Procedure for recognition of foreign-country judgment
- § 8.01-465.13:6. Effect of recognition of foreign-country judgment
- § 8.01-465.13:7. Stay of proceedings pending appeal of foreign-country judgment
- § 8.01-465.13:8. Statute of limitations
- § 8.01-465.13:9. Uniformity of interpretation
- § 8.01-465.13:10. Saving clause
- § 8.01-465.13:11. Effective date
- § 8.01-465.14. Definitions
- § 8.01-465.15. Scope
- § 8.01-465.16. Variation by agreement
- § 8.01-465.17. Determining money of the claim
- § 8.01-465.18. Determining amount of the money of certain contract claims
- § 8.01-465.19. Asserting and defending foreign-money claim
- § 8.01-465.20. Judgments and awards on foreign-money claims; times of money conversion; form of judgment
- § 8.01-465.21. Conversions of foreign money in distribution proceeding
- § 8.01-465.22. Prejudgment and judgment interest
- § 8.01-465.23. Enforcement of foreign judgments
- § 8.01-465.24. Determining United States dollar value of foreign-money claims for limited purposes
- § 8.01-465.25. Effect of substitution of currency by issuing authority
Article 1. ISSUE AND FORM; MOTION TO QUASH
- § 8.01-466. Clerk to issue fieri facias on judgment for money
- § 8.01-467. What writs may not issue
- § 8.01-468. Executions against corporations
- § 8.01-469. Executions on joint judgments
- § 8.01-470. Writs on judgments for specific property
- § 8.01-471. Time period for issuing writs of possession in unlawful entry and detainer; when returnable
- § 8.01-472. Writs on judgments for personal property
- § 8.01-473. Judgment for benefit of other person than plaintiff; remedies of such person
- § 8.01-474. What writ of fieri facias to command
- § 8.01-475. Subsequent executions
- § 8.01-476. New execution after loss of property sold under indemnifying bond
- § 8.01-477. When executions may be quashed; how proceedings thereon stayed
- § 8.01-477.1. Claims of exemption from execution
Article 2. LIEN IN GENERAL
- § 8.01-478. On what property writ of fieri facias levied; when lien commences
- § 8.01-479. Time for enforcement
- § 8.01-480. Prior security interest on property levied on
- § 8.01-481. Territorial extent of lien
- § 8.01-482. If levy be on coin or currency, how accounted for
Article 3. RETURN AND VENDITIONI EXPONAS
- § 8.01-483. Return of officer on fieri facias; statement filed therewith
- § 8.01-484. When writ may be destroyed
- § 8.01-485. When venditioni exponas may issue; proceedings thereon
- § 8.01-486. Procedure when officer taking property under execution dies before sale
Article 4. ENFORCEMENT GENERALLY
- § 8.01-487. Officer to endorse on fieri facias time of receiving it
- § 8.01-487.1. Officer to leave copy of writ where levy made
- § 8.01-488. When several writs of fieri facias, how satisfied
- § 8.01-489. Growing crops, not severed, not liable to distress or levy
- § 8.01-490. No unreasonable distress or levy; sustenance provided for livestock; removal of property
- § 8.01-491. Officer may break open dwelling house and levy on property in personal possession of debtor
- § 8.01-492. Sale of property
- § 8.01-493. Adjournment of sale
- § 8.01-494. Resale of property if purchaser fails to comply; remedy against such purchaser
- § 8.01-495. When money received by officer under execution to be repaid to debtor
- § 8.01-496. Officer not required to go out of his jurisdiction to pay over money
- § 8.01-497. Suit by officer to recover estate on which fieri facias is lien
- § 8.01-498. Selling officers and employees not to bid or to purchase
- § 8.01-499. Officer receiving money to make return thereof and pay net proceeds; commission, etc
- § 8.01-500. Officer receiving money to notify person entitled to receive it
Article 5. LIEN ON PROPERTY NOT CAPABLE OF BEING LEVIED ON
- § 8.01-501. Lien of fieri facias on estate of debtor not capable of being levied on
- § 8.01-502. Person paying debtor not affected by lien unless notice given
- § 8.01-502.1. Serving notice of lien on financial institution
- § 8.01-503. Withholding of wages or salary not required by preceding sections unless garnishment process served
- § 8.01-504. Penalty for service of notice of lien when no judgment exists
- § 8.01-505. When lien acquired on intangibles under ยง 8.01-501 ceases
Article 6. INTERROGATORIES
- § 8.01-506. Proceedings by interrogatories to ascertain estate of debtor; summons; proviso; objections by judgment debtor
- § 8.01-506.1. Production of book accounts or other writing compelled
- § 8.01-506.2. Proceedings in court of county or city where execution debtor resides
- § 8.01-507. Conveyance or delivery of property disclosed by interrogatories
- § 8.01-507.1. Interrogatories, answers, etc., to be returned to court
- § 8.01-508. How debtor may be arrested and held to answer
- § 8.01-509. Order for sale and application of debtor's estate
- § 8.01-510. Sale, collection and disposition of debtor's estate by officer
Article 7. GARNISHMENT
- § 8.01-511. Institution of garnishment proceedings
- § 8.01-511.1. Garnishee inability to determine whether it holds property of judgment debtor
- § 8.01-512. Repealed
- § 8.01-512.2. Fee for garnishee-employers
- § 8.01-512.3. Form of garnishment summons
- § 8.01-512.4. Notice of exemptions from garnishment and lien
- § 8.01-512.5. Hearing on claim of exemption from garnishment
- § 8.01-513. Service upon corporation or limited liability company
- § 8.01-514. When garnishment summons returnable
- § 8.01-515. How garnishee examined; determining exemption from employee's withholding certificate; amount due pursuant to exemptions in ยง 34-29 (a)
- § 8.01-516. Repealed
- § 8.01-516.1. Garnishment dispositions
- § 8.01-517. Exemption of portion of wages; payment of excess into court
- § 8.01-518. When garnishee is personal representative of decedent
- § 8.01-519. Proceedings where garnishee fails to appear or answer, or to disclose his liability
- § 8.01-520. Payment, etc., by garnishee before return of summons
- § 8.01-521. Judgments as to costs
- § 8.01-522. Wages and salaries of State employees
- § 8.01-523. Service upon federal government
- § 8.01-524. Wages and salaries of city, town and county officials, clerks and employees
- § 8.01-525. Who are officers and employees of cities, towns and counties
- § 8.01-526. When forthcoming bond taken; property remains in debtor's possession
- § 8.01-527. If bond forfeited, where returned; its effect; clerk to endorse time of return
- § 8.01-528. Liability of obligors; how recovery on bond is had
- § 8.01-529. When bond returned, how endorsed and recorded by clerk; lien
- § 8.01-530. Remedy of creditor if bond quashed
- § 8.01-531. In what cases forthcoming bond not to be taken
- § 8.01-532. How bond withdrawn from clerk's office
Article 1. ATTACHMENTS GENERALLY
- § 8.01-533. Who may sue out attachment
- § 8.01-534. Grounds of action for pretrial levy or seizure of attachment
- § 8.01-535. Jurisdiction of attachments; trial or hearing of issues
- § 8.01-536. Pleadings in attachment
- § 8.01-537. Petition for attachment; costs, fees and taxes
- § 8.01-537.1. Plaintiff to file bond
- § 8.01-538. Attachment of ships, boats and other vessels of more than twenty tons
- § 8.01-539. Who made defendants
- § 8.01-540. Issuance of attachment; against what attachment to issue
- § 8.01-541. To whom attachments directed; when and where returned
- § 8.01-542. Issue and execution of attachment on any day
- § 8.01-543. Issue of other attachments on original petition
- § 8.01-544. When attachment not served other attachments may issue; order of publication
- § 8.01-545. Amendments; formal defects
Article 2. SUMMONS; LEVY; LIEN; BONDS, ETC
- § 8.01-546. What attachment to command; summons
- § 8.01-546.1. Exemption claims form
- § 8.01-546.2. Hearing on claim of exemption from levy or seizure
- § 8.01-547. Attachment against remainders
- § 8.01-548. Who may levy attachment and on what
- § 8.01-549. Restraining order or receiver
- § 8.01-550. How attachment levied
- § 8.01-551. When officer to take possession of property
- § 8.01-552. Repealed
- § 8.01-553. Bonds for retention of property or release of attachment; revising bonds mentioned in this and ยง 8.01-551
- § 8.01-554. Where bond returned and filed; exceptions to bond
- § 8.01-555. When appeal bond given property to be delivered to owner
- § 8.01-556. Bonds may be given by any person
- § 8.01-557. Lien of attachment; priority of holder in due course
- § 8.01-558. Attachment lien on effects already in hands of officer
- § 8.01-559. Return by officer
Article 3. SUBSEQUENT PROCEEDINGS GENERALLY
- § 8.01-560. How interest and profits of property applied in certain cases
- § 8.01-561. How property to be kept; how sold, when expensive to keep or perishable
- § 8.01-562. Examination on oath of codefendant; order and bond
- § 8.01-563. Principal defendant may claim exemption
- § 8.01-564. Procedure when codefendant fails to appear
- § 8.01-565. Suggestion that codefendant has not made full disclosure
- § 8.01-566. Who may make defense to attachment
- § 8.01-567. What defense may be made to attachments
- § 8.01-568. Quashing attachment or rendering judgment for defendant
- § 8.01-569. When petition dismissed; when retained and cause tried
- § 8.01-570. Judgment, etc., of court when claim of plaintiff established
- § 8.01-571. When defendant not served fails to appear plaintiff required to give bond
- § 8.01-572. Sale of real estate attached
- § 8.01-573. How and when claims of other persons to property tried
- § 8.01-574. Attachments in connection with pending suits or actions
- § 8.01-575. Rehearing permitted when judgment rendered on publication
- § 8.01-576. Order of court on rehearing or new trial; restitution to defendant
- § 8.01-576.1. Election by parties; order of court
- § 8.01-576.2. Summary jury trial; selection of jury; fees
- § 8.01-576.3. Procedures; verdict not binding unless otherwise agreed
- § 8.01-576.4. Scope and definitions
- § 8.01-576.5. Referral of disputes to dispute resolution proceedings
- § 8.01-576.6. Notice and opportunity to object
- § 8.01-576.7. Costs
- § 8.01-576.8. Qualifications of neutrals; referral
- § 8.01-576.9. Standards and duties of neutrals; confidentiality; liability
- § 8.01-576.10. Confidentiality of dispute resolution proceeding
- § 8.01-576.11. Effect of written settlement agreement
- § 8.01-576.12. Vacating orders and agreements
Article 1. GENERAL PROVISIONS
- § 8.01-577. Submission of controversy; agreement to arbitrate; condition precedent to action
- § 8.01-578. Repealed
- § 8.01-581. Fiduciary may submit to arbitration
Article 2. UNIFORM ARBITRATION ACT
- § 8.01-581.01. Validity of arbitration agreement
- § 8.01-581.010. Vacating an award
- § 8.01-581.011. Modification or correction of award
- § 8.01-581.012. Judgment or decree on award
- § 8.01-581.013. Applications to court
- § 8.01-581.014. Court; jurisdiction
- § 8.01-581.015. Venue
- § 8.01-581.016. Appeals
- § 8.01-581.02. Proceedings to compel or stay arbitration
- § 8.01-581.03. Appointment of arbitrators by court; powers of arbitrators
- § 8.01-581.04. Hearing
- § 8.01-581.05. Representation by attorney
- § 8.01-581.06. Witnesses, subpoenas, depositions
- § 8.01-581.07. Award; fees and expenses to be fixed
- § 8.01-581.08. Change of award by arbitrators
- § 8.01-581.09. Confirmation of an award
Article 1. MEDICAL MALPRACTICE REVIEW PANELS; ARBITRATION OF MALPRACTICE CLAIMS
- § 8.01-581.1. Definitions
- § 8.01-581.2. Request for review by medical malpractice review panel; rescission of request; determination on request
- § 8.01-581.2:1. Additional parties
- § 8.01-581.3. Composition, selection, etc., of panel
- § 8.01-581.3:1. Completion of discovery; hearing date; notification to parties and panel members; oath of panel members
- § 8.01-581.4. Submission of evidence to panel; depositions and discovery; duties of chairman; access to material
- § 8.01-581.4:1. Assembly of record
- § 8.01-581.4:2. Removal of record for inspection and copying; notice
- § 8.01-581.5. When hearing to be held; notice to parties
- § 8.01-581.6. Conduct of proceedings
- § 8.01-581.7. Opinion of panel
- § 8.01-581.7:1. Limitation on panel opinion
- § 8.01-581.8. Admissibility of opinion as evidence; appearance of panel members as witnesses; immunity from civil liability
- § 8.01-581.9. Repealed
- § 8.01-581.10. Per diem and expenses of panel
- § 8.01-581.11. Rules and regulations
- § 8.01-581.11:1. Objections not waived by participation
- § 8.01-581.12. Arbitration of medical malpractice claims
- § 8.01-581.12:1. Repealed
- § 8.01-581.12:2. Article not applicable to actions arising prior to July 1, 1976
Article 2. MISCELLANEOUS PROVISIONS
- § 8.01-581.13. Civil immunity for certain health professionals and health profession students serving as members of certain entities
- § 8.01-581.14. Repealed
- § 8.01-581.15. Limitation on recovery in certain medical malpractice actions
- § 8.01-581.16. Civil immunity for members of or consultants to certain boards or committees
- § 8.01-581.17. Privileged communications of certain committees and entities
- § 8.01-581.18. Delivery of results of laboratory tests and other examinations not authorized by physician
- § 8.01-581.18:1. Immunity of physicians for laboratory results and examinations
- § 8.01-581.19. Civil immunity for physicians, psychologists, podiatrists, optometrists, veterinarians, nursing home administrators, and certified emergency services personnel while members of certain committees
- § 8.01-581.19:1. Civil immunity for persons providing information to certain committees
- § 8.01-581.20. Standard of care in proceeding before medical malpractice review panel; expert testimony; determination of standard in action for damages
- § 8.01-581.20:1. Admissibility of expressions of sympathy
- § 8.01-581.21. Definitions
- § 8.01-581.22. Confidentiality; exceptions
- § 8.01-581.23. Civil immunity
- § 8.01-581.24. Standards and duties of mediators; confidentiality; liability
- § 8.01-581.25. Effect of written settlement agreement
- § 8.01-581.26. Vacating orders and agreements
Article 1. GENERAL RECEIVERS
- § 8.01-582. Appointment of general receivers; their duties; audit of funds
- § 8.01-583. How securities taken and kept; power of receivers over same
- § 8.01-584. How dividends and interest collected and invested
- § 8.01-585. How accounts kept by receivers
- § 8.01-586. Inquiry as to unknown owners of funds
- § 8.01-587. Liability of general receivers
- § 8.01-588. Bonds generally
- § 8.01-588.1. Bonds apportioned to funds under control; annual reports
- § 8.01-589. Compensation and fees; when none allowed
- § 8.01-590. Penalty for failure of duty
Article 2. SPECIAL RECEIVERS
- § 8.01-591. Notice required prior to appointment of receiver
- § 8.01-592. Notice not required in emergencies
- § 8.01-593. Subsequent proceedings after emergency appointment
- § 8.01-594. Notice not required to parties served with process
- § 8.01-595. Preparation of list of creditors; notice to them
- § 8.01-596. No sale prior to such notification; exceptions
- § 8.01-597. Suits against receivers in certain cases
- § 8.01-598. Effect of judgment against receiver
- § 8.01-599. Warrant or motion for judgment against receiver in general district court, when to be tried
Article 3. GENERAL PROVISIONS FOR MONEYS UNDER CONTROL OF COURT
- § 8.01-600. How money under control of court deposited; record kept; liability of clerk
- § 8.01-600.1. Repealed
- § 8.01-601. Deposit with general receiver of certain funds under supervision of fiduciary and belonging to person under disability
- § 8.01-602. Proceedings when owner of money under control of court unknown
- § 8.01-603. Repealed
- § 8.01-604. How State Treasurer to keep account of such money
- § 8.01-605. How person entitled to money paid into state treasury may recover it
- § 8.01-606. Payment of small amounts to certain persons through court without intervention of fiduciary; authority of commissioners of accounts; certain fiduciaries exempt from accountings
- § 8.01-607. Appointment and removal
- § 8.01-608. How accounts referred
- § 8.01-609. Duties; procedure generally
- § 8.01-609.1. Commissioners in chancery
- § 8.01-610. Weight to be given commissioner's report
- § 8.01-611. Notice of time and place of taking account
- § 8.01-612. Commissioner may summons witnesses
- § 8.01-613. Commissioner may ask instructions of court
- § 8.01-614. His power to adjourn his proceedings
- § 8.01-615. When cause heard on report; time for filing exceptions
- § 8.01-616. Delivery of original papers of suit by clerk to commissioner
- § 8.01-617. Settlement of accounts of special receivers and special commissioners
- § 8.01-618. Reports of such settlements; when new bond required
- § 8.01-618.1. Fees of special receivers and commissioners for reports
- § 8.01-619. Recordation of reports of such settlements
- § 8.01-620. General jurisdiction of circuit court to award injunctions
- § 8.01-621. Repealed
- § 8.01-622. Injunction to protect plaintiff in suit for specific property
- § 8.01-622.1. Injunction against assisted suicide; damages; professional sanctions
- § 8.01-623. Injunction against decree subject to bill of review; limitations to bill of review
- § 8.01-624. Duration of temporary injunctions to be fixed therein
- § 8.01-625. Dissolution of injunctions
- § 8.01-626. When court grants or refuses injunction, justice of Supreme Court or judge of Court of Appeals may review it
- § 8.01-627. To what clerk order for injunction directed
- § 8.01-628. Equity of prayer for temporary injunction to be shown by affidavit or otherwise
- § 8.01-629. Notice required
- § 8.01-630. Forthcoming bond in connection with injunction against removal of property
- § 8.01-631. Injunction bond
- § 8.01-631.1. Environmental injunction; financial capacity
- § 8.01-632. How surety in forthcoming bond may obtain additional security
- § 8.01-633. Damages on dissolution
- § 8.01-634. Dismissal of injunction bill
Article 1. WRIT OF QUO WARRANTO
- § 8.01-635. Common-law writ of quo warranto and information in the nature of writ of quo warranto abolished; statutory writ of quo warranto established
- § 8.01-636. In what cases writ issued
- § 8.01-637. By whom filed; when leave granted and writ issued
- § 8.01-638. Repealed
- § 8.01-639. How summons directed and served
- § 8.01-640. Judgment when defendant fails to appear
- § 8.01-641. Reopening same when made on service by publication
- § 8.01-642. Pleading when defendant appears
- § 8.01-643. Trial; verdict; judgment; costs; attorney's fee
Article 2. MANDAMUS AND PROHIBITION
- § 8.01-644. Application for mandamus or prohibition
- § 8.01-644.1. Limitations of actions for petition for mandamus
- § 8.01-645. What petition to state; where presented
- § 8.01-646. When writ awarded if no defense made
- § 8.01-647. Defense; how made
- § 8.01-648. What judgment to be rendered
- § 8.01-649. Proceedings when application is to Supreme Court or Court of Appeals
- § 8.01-650. Suspension of proceedings, where prohibition applied for
- § 8.01-651. Suspension of proceedings by justice of Supreme Court or judge of Court of Appeals
- § 8.01-652. Service of writ; how obedience enforced
- § 8.01-653. Mandamus to secure construction of act directing payment out of treasury of the Commonwealth
- § 8.01-653.1. Mandamus to secure construction of act granting power to incur certain obligations for transportation needs
Article 3. HABEAS CORPUS
- § 8.01-654. When and by whom writ granted; what petition to contain
- § 8.01-654.1. Limitation on consideration of petition filed by prisoner sentenced to death
- § 8.01-654.2. Presentation of claim of mental retardation by person sentenced to death before April 29, 2003
- § 8.01-655. Form and contents of petition filed by prisoner
- § 8.01-656. Bond may be required of petitioner
- § 8.01-657. How directed and returnable
- § 8.01-658. How writ served
- § 8.01-659. Penalty for disobeying it
- § 8.01-660. When affidavits may be read
- § 8.01-661. Facts proved may be made part of record
- § 8.01-662. Judgment of court or judge trying it; payment of costs and expenses when petition denied
- § 8.01-663. Judgment conclusive
- § 8.01-664. How and when Supreme Court summoned to try appeal therefrom
- § 8.01-665. When execution of judgment suspended; when prisoner admitted to bail
- § 8.01-666. When and by whom writs of habeas corpus ad testificandum granted
- § 8.01-667. Transmission of records to federal court
- § 8.01-668. Writ de homine abolished
Article 1. DEFINITIONS
Article 2. WHEN GRANTED
- § 8.01-670. In what cases awarded
- § 8.01-670.1. Appeal of interlocutory orders and decrees by permission
- § 8.01-671. Time within which petition must be presented
- § 8.01-672. Jurisdictional amount
Article 3. THE RECORD
Article 4. THE PETITION
- § 8.01-674. With whom filed; endorsement thereon; reference to justice or justices; when deemed to be filed
- § 8.01-675. Repealed
- § 8.01-675.1. When dismissal final; when reinstated
- § 8.01-675.2. Rehearing
- § 8.01-675.3. Time within which appeal must be taken; notice
- § 8.01-675.4. Inspection and return of records; certiorari when part of record is omitted; retention of records
Article 1. APPEAL BOND
Article 2. ERRORS INSUFFICIENT IN THE APPELLATE COURT
- § 8.01-677. Errors corrected on motion instead of writ of error coram vobis
- § 8.01-677.1. Appeals filed in inappropriate appellate court
- § 8.01-678. For what a judgment not to be reversed
Article 3. LIMITATIONS; HEARING AND DECISION
- § 8.01-679. Failure of trial court clerk to deliver record to appellate court
- § 8.01-679.1. Arguments made on brief not waived by oral argument
- § 8.01-680. When judgment of trial court not to be set aside unless plainly wrong, etc
- § 8.01-681. Decision of appellate court
- § 8.01-682. What damages awarded appellee
- § 8.01-683. When Clerk of Supreme Court to transmit its decisions
- § 8.01-684. Copies of Court's opinions to be furnished to counsel
- § 8.01-685. Entry of decision in lower court; issue of execution thereon
- § 8.01-686. Repealed
Article 4. MISCELLANEOUS PROVISIONS
Chapter 27. VIRGINIA PRISONER LITIGATION REFORM ACT- § 8.01-689. Short title
- § 8.01-690. Applicability provisions
- § 8.01-691. Payment of filing fees and costs by prisoners; when in forma pauperis status granted
- § 8.01-692. When in forma pauperis status denied
- § 8.01-693. Venue of prisoner actions
- § 8.01-694. Service of process; time for response
- § 8.01-695. When argument held; when discovery permitted
- § 8.01-696. Summary judgment; pro se prisoner civil action
- § 8.01-697. Access to Department of Corrections records
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