Code of Virginia - Title 8.01 Civil Remedies And Procedure - Chapter 2 Parties

  • 8.01-5 Effect of nonjoinder or misjoinder; limitation on joinder of insurance company
    A. No action or suit shall abate or be defeated by the nonjoinder or misjoinder of parties, plaintiff or defendant, but whenever such nonjoinder or ...
  • 8.01-6 Amending pleading; relation back to original pleading
    A misnomer in any pleading may, on the motion of any party, and on affidavit of the right name, be amended by inserting the right ...
  • 8.01-6.1 Amendment of pleading changing or adding a claim or defense; relation back
    Subject to any other applicable provisions of law, an amendment of a pleading changing or adding a claim or defense against a party relates back ...
  • 8.01-6.2 Amendment of pleading; relation back to original pleading; confusion in trade name
    A. A pleading which states a claim against a party whose trade name or corporate name is substantially similar to the trade name or corporate ...
  • 8.01-7 When court may add new parties to suit
    In any case in which full justice cannot be done, or the whole controversy ended, without the presence of new parties to the suit, the ...
  • 8.01-8 How minors may sue
    Any minor entitled to sue may do so by his next friend. Either or both parents may sue on behalf of a minor as his ...
  • 8.01-9 Guardian ad litem for persons under disability; when guardian ad litem need not be appointed for pe...
    A. A suit wherein a person under a disability is a party defendant shall not be stayed because of such disability, but the court in ...
  • 8.01-10 Joinder of tenants in common
    Tenants in common may join or be joined as plaintiffs or defendants. (Code 1950, § 8-90; 1977, c. 617.) ...
  • 8.01-11 Proceedings on writing binding deceased person
    A. A bond, note, or other written obligation to a person or persons who, or some of whom, are dead at the time of its ...
  • 8.01-12 Suit by beneficial owner when legal title in another
    When the legal title to any claim or chose in action, for the enforcement of the collection of which a court of equity has jurisdiction, ...
  • 8.01-13 Assignee or beneficial owner may sue in own name; certain discounts allowed
    The assignee or beneficial owner of any bond, note, writing or other chose in action, not negotiable may maintain thereon in his own name any ...
  • 8.01-14 Suit against assignor
    Any assignee or beneficial owner may recover from any assignor of a writing; but only joint assignors shall be joined as defendants in one action. ...
  • 8.01-15 Suits by and against unincorporated associations or orders
    All unincorporated associations or orders may sue and be sued under the name by which they are commonly known and called, or under which they ...
  • 8.01-15.1 Anonymous plaintiff; motion for identification; factors to be considered by court
    A. In any legal proceeding commenced anonymously, any party may move for an order concerning the propriety of anonymous participation in the proceeding. The trial ...
  • 8.01-15.2 Servicemembers Civil Relief Act; default judgment
    A. Notwithstanding the provisions of § 8.01-428, in any civil action or proceeding in which the defendant does not make an appearance, the court shall ...
  • 8.01-16 New parties may have continuance
    Except in the Supreme Court any new party to a case, whether he be joined or substituted, may in the discretion of the court have ...
  • 8.01-17 When party whose powers cease is defendant
    When the party whose powers cease is defendant, the plaintiff may continue his suit against him to final judgment or decree; provided that a successor ...
  • 8.01-18 When suit discontinued unless revived
    If the committee, personal representative, heir, or devisee of the plaintiff or appellant who was a party, or of the decedent whose personal representative was ...
  • 8.01-19 Effect of marriage or change of name of party
    The marriage of a party shall not cause a suit or action to abate. If a party changes his name, upon affidavit or other proof ...
  • 8.01-20 Effect of marriage, change of name or death on appeal
    If at any time after verdict or judgment in the trial court during the pendency of an appeal or before the appeal is granted, the ...
  • 8.01-20.1 Certification of expert witness opinion at time of service of process
    Every motion for judgment, counter claim, or third party claim in a medical malpractice action, at the time the plaintiff requests service of process upon ...
  • 8.01-21 Judgment when death or disability occurs after verdict but before judgment
    When a party dies, or becomes convicted of a felony or insane, or the powers of a party who is a personal representative or committee ...
  • 8.01-22 When death or disability occurs as to any of several plaintiffs or defendants
    If a party plaintiff or defendant becomes incapable of prosecuting or defending because of death, insanity, conviction of felony, removal from office, or other reason ...
  • 8.01-23 Decree in suit when number of parties exceeds 30 and one of them dies
    When, in any suit involving a decedent's estate or a trust, the number of parties exceeds 30, and any one of the parties jointly interested ...
  • 8.01-24 Writ of scire facias abolished; substitutes therefor
    The writ of scire facias is hereby abolished. Relief heretofore available by scire facias may be obtained by appropriate action or motion pursuant to applicable ...

Last modified: April 2, 2009