A. When an act of the General Assembly or rule of court requires that an act be performed a prescribed amount of time before a motion or proceeding, the day of such motion or proceeding shall not be counted against the time allowed, but the day on which such act is performed may be counted as part of the time. When an act of the General Assembly or rule of court requires that an act be performed within a prescribed amount of time after any event or judgment, the day on which the event or judgment occurred shall not be counted against the time allowed.
B. When the last day for performing an act during the course of a judicial proceeding falls on a Saturday, Sunday, legal holiday, or any day or part of a day on which the clerk's office is closed as authorized by an act of the General Assembly, the act may be performed on the next day that is not a Saturday, Sunday, legal holiday, or day or part of a day on which the clerk's office is closed as authorized by an act of the General Assembly.
C. When an act of the General Assembly specifies a maximum period of time in which a legal action may be brought and the last day of that period falls on a Saturday, Sunday, legal holiday, or day or part of a day on which the clerk's office is closed as authorized by an act of the General Assembly, the action may be brought on the next day that is not a Saturday, Sunday, legal holiday, or day or part of a day on which the clerk's office is closed as authorized by an act of the General Assembly.
D. Any court or proceeding authorized to be adjourned from day to day shall not be required to meet on a Sunday or legal holiday.
E. When an act of the General Assembly or local governing body, order of the court, or administrative regulation or order requires, either by specification of a date or by a prescribed period of time, that an act be performed or an action be filed on a Saturday, Sunday, or legal holiday or on any day or part of a day on which the state or local government office where the act to be performed or the action to be filed is closed, the act may be performed or the action may be filed on the next business day that is not a Saturday, Sunday, legal holiday, or day on which the state or local government office is closed.
F. For the purposes of this section, any day on which the Governor authorizes the closing of the state government shall be considered a legal holiday.
Code 1919, § 5; 1932, p. 24; Code 1950, § 1-13; 1950, pp. 21, 23, §§ 1-13.3, 1-13.27; 1962, cc. 104, 284, § 1-13.3:1; 1977, c. 93; 1986, c. 166; 1987, c. 92; 2005, c. 839; 2008, c. 816; 2010, c. 96; 2014, c. 596.
Notes of Decisions
Janine Helen Adelman Browning v. Larry Grant Browning, 802 S.E.2d 178 (Va. Ct. App. 2017).
· cites it 2× “Pursuant to Code § 1-210(B), “[w]hen the last day for performing an act during the course of a judicial proceeding falls on a Saturday, Sunday, legal holiday .”
Allie v. Whole Foods Mkt. Grp., Inc., 746 F. Supp. 2d 773 (E.D. Va. 2010).
· cites it 11× “Section 1-210 governs the computation of time for legal actions that must be filed within a specified period of time and states as follows: When an act of the General Assembly specifies a maximum period of time in which a legal action may be brought and the last day falls on a…”
Laws v. McIlroy, 724 S.E.2d 699 (Va. 2012).
· cites it 2× “01-230 and -243(A); Code § 1-210(A). Code § 8.01-229(E)(3) deals generally with the subject of tolling statutes of limitations and provides, in relevant part, If a plaintiff suffers a voluntary nonsuit as prescribed in § 8.”
Hutchins v. Talbert, 685 S.E.2d 658 (Va. 2009).
· cites it 2× “Pursuant to Code § 1-210, the last day to file would have been Monday, June 9, 2008.”
Rice v. Alpha Sec., Inc., 940 F. Supp. 2d 321 (E.D. Va. 2013).
· cites it 3× “In finding service timely despite its occurrence after one year from the date the complaint was filed, the Virginia Supreme Court relied upon a statutory exception providing for an extension of service where last day for service, as set by statute or the Rule of the Supreme…”
In Re Ahmed, 411 B.R. 537 (Bankr. E.D. Va. 2009).
· cites it 2× “See Va.Code (1950) § 1-210. Virginia law, not federal law, determines how to count days in applying Va.”
Riordan Ltd. v. Irina Novitzky (Va. Ct. App. 2024).
· cites it 4× “See Code § 1-210(B) (“When the last day for performing an act during the course of a judicial proceeding falls on a Saturday, Sunday, [or] legal holiday .”
In Re Conner, 408 B.R. 88 (Bankr. W.D. Va. 2009).
· cites it 5× “” Va.Code Ann. § 1-210 (2009). In this case, the Trustee objects to the homestead exemption on the grounds that the Debtor’s homestead deed was not recorded in the proper jurisdiction within five days of the § 341 meeting.”
— Va. Code Ann. § 1-210(A) — 6 cases
Laws v. McIlroy, 724 S.E.2d 699 (Va. 2012).
“01-230 and -243(A); Code § 1-210(A). Code § 8.01-229(E)(3) deals generally with the subject of tolling statutes of limitations and provides, in relevant part, If a plaintiff suffers a voluntary nonsuit as prescribed in § 8.”
— Va. Code Ann. § 1-210(B) — 19 cases
Riordan Ltd. v. Irina Novitzky (Va. Ct. App. 2024).
“See Code § 1-210(B) (“When the last day for performing an act during the course of a judicial proceeding falls on a Saturday, Sunday, [or] legal holiday .”
— Va. Code Ann. § 1-210(C) — 3 cases
Allie v. Whole Foods Mkt. Grp., Inc., 746 F. Supp. 2d 773 (E.D. Va. 2010).
“Section 1-210 governs the computation of time for legal actions that must be filed within a specified period of time and states as follows: When an act of the General Assembly specifies a maximum period of time in which a legal action may be brought and the last day falls on a…”
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