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2022 Code of Virginia
Title 8.01 - Civil Remedies and Procedure
Chapter 3 - Actions
Article 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; punitive 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
- § 8.01-40.3. Unauthorized dissemination, etc., of criminal history record information; civil action
- § 8.01-40.4. Civil action for unlawful creation of image of another or unlawful dissemination or sale of images of another
- § 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
- § 8.01-42.4. Civil action for trafficking in persons
- § 8.01-42.5. Civil action for female genital mutilation
- § 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. Punitive 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
- § 8.01-46.2. Civil action for dissemination of intimate images to another; penalty
- § 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
- § 8.01-66.1:1. (For January 1, 2016, applicability date, see Editor's note) Subrogation claims by underinsured motorist benefits insurer
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; when shares of two or more laid off together
- § 8.01-81.1. Determination of value
- § 8.01-82. Repealed
- § 8.01-83. Allotment to one or more parties, or sale, in lieu of partition
- § 8.01-83.1. Open-market sale, sealed bids, or auction
- § 8.01-83.2. Notice by posting
- § 8.01-83.3. Commissioners
- § 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, ejectment, or unlawful detainer
- § 8.01-130.01. Unlawful detainer; expungement
Article 13.1. Warrants in Distress
- § 8.01-130.1. Remedy for rent and for use and occupation
- § 8.01-130.2. Who may recover rent or compensation
- § 8.01-130.3. Who is liable for rent
- § 8.01-130.4. When and by whom distress made
- § 8.01-130.5. Procedure for trial on warrant in distress
- § 8.01-130.6. On what goods levied; to what extent goods liable; priorities between landlord and other lienors
- § 8.01-130.7. Procedure when distress levied and tenant unable to give forthcoming bond; what defense may be made
- § 8.01-130.8. Review of decision to issue ex parte order or process; claim of exemption
- § 8.01-130.9. On what terms purchasers and lienors inferior to landlord may remove goods; certain liens not affected
- § 8.01-130.10. When goods of a sublessee may be removed from leased premises
- § 8.01-130.11. When officer may enter by force to levy distress or attachment
- § 8.01-130.12. When distress not unlawful because of irregularity, etc.
- § 8.01-130.13. Return of execution; process of sale thereunder
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 15.1. Waste
- § 8.01-178.1. Waste; who is liable
- § 8.01-178.2. Civil action for waste; double damages
- § 8.01-178.3. Waste for tenant to sell or remove manure from leased premises
- § 8.01-178.4. Waste committed during pendency of action
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; amending amount of claim
- § 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
- § 8.01-195.13. Compensation for certain intentional acts
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
- § 8.01-220.1:5. Defense of intra-family immunity abolished for wrongful death actions
- § 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 for statements made at public hearing or communicated to third party
- § 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
- § 8.01-225.03. Certain immunity for certain hospices, home care organizations, private providers, assisted living facilities, and adult day care centers during a disaster under specific circumstances
- § 8.01-225.1. Immunity for team physicians
- § 8.01-225.2. Immunity for those rendering emergency care to animals
- § 8.01-225.3. Immunity for volunteer first responders en route to an emergency
- § 8.01-226. Duty of care to law-enforcement officers, 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 and emergency medical services agency 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 and nonprofit corporation 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
- § 8.01-226.13. Limited standing to seek injunctive relief against manufacturing companies
- § 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
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