Virginia Code
Va. Code Ann. § 16.1-92 (2026)
Repealed
✓ current as of May 2026
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Repealed by Acts 2007, c. 869, cl. 2.
Notes of Decisions
Cited in 30
cases (1 in the last 5 years), 1960–2022 · leading case: Armentrout v. French, 258 S.E.2d 519 (Va. 1979).
Armentrout v. French, 258 S.E.2d 519 (Va. 1979). “In their affidavits of substantial defense filed in the circuit court under Code § 16.1-92, the Frenches denied they had breached the contract and asserted that "the existence of a defective septic system in the house offered for sale rendered the house unsaleable and unfit for…”
Tonti v. Akbari, 553 S.E.2d 769 (Va. 2001). “Code § 16.1-92. On June 2, 2000, Tonti filed a motion, pursuant to Rule 4:10, for an independent medical examination of Akbari by Dr.”
Giganti v. Gen-X Strategies, Inc., 222 F.R.D. 299 (E.D. Va. 2004). “Plaintiffs here removed that case to the Alexandria Circuit Court pursuant to Virginia Code § 16.1-92, where following a bench trial, the presiding judge in September 2002 found Veritas liable for overdue balances and finance charges in the amount of $4,598.”
Afify v. Simmons, 492 S.E.2d 138 (Va. 1997). “1- *317 77, 2 where the defendant has elected to remove the case to circuit court under Code § 16.1-92. On September 30, 1993, Michael David Simmons and Linda J.”
Autry v. Bryan, 297 S.E.2d 690 (Va. 1982). “” Wayne Lustig, a Virginia Beach attorney, filed a timely affidavit of substantial defense on behalf of both defendants, pursuant to *453 Code § 16.1-92, setting forth the defendants’ grounds of defense, and the action was removed to the circuit court.”
Hetland v. Worcester Mut. Ins., 340 S.E.2d 574 (Va. 1986). “Pursuant to § 16.1-92 of the Code, the insurer removed the case to the circuit court, and the case was scheduled to be tried on February 23, 1978.”
Carolinas Cement Co. v. Zoning Appeals Bd., 52 Va. Cir. 6 (Warren Cir. Ct. 2000). “The General Assembly can set threshold jurisdictional requirements in dollar amounts, see Virginia Code § 16.1-92 (claims of more than $3,000 can be removed from the district court to the circuit court) and Virginia Code § 17.”
Gertler v. Bowling, 116 S.E.2d 268 (Va. 1960). “Upon motion of the defendant, pursuant to § 16.1-92, Code of 1950, as amended, 1960 Cum.”
Simon, Lafayette & Assocs. v. Gibson, 44 Va. Cir. 284 (Richmond County Cir. Ct. 1998). “Plaintiff objected noting that defendant had failed to file an affidavit of substantial defense required by Va. Code § 16.1-92. No affidavit of substantial defense was filed until after the file came to this court.”
Jackson v. Jackson, 372 S.E.2d 155 (Va. 1988). “Edward retained counsel who, in May 1983, removed the matter to circuit court pursuant to Code § 16.1-92. As part of the removal process, Edward, by counsel, filed an affidavit of substantial defense in which he maintained that he had “probable cause to obtain the warrant…”
Cross v. Whitehurst, 29 Va. Cir. 306 (Loudoun Cir. Ct. 1992). “Burns filed an Application for Removal to Circuit Court pursuant to Virginia Code Section 16.1-92. Mr. Burns noted on the application for removal he was entering a special appearance for the defendant.”
Gaines v. West Winds, L.P., 45 Va. Cir. 532 (Shenandoah Cir. Ct. 1998). “Each case was removed by Order of the Shenandoah County General District Court entered on March 26, 1998, purportedly done pursuant to Virginia Code § 16.1-92. That statute requires a General District Court Judge, upon application of any defendant, to remove an action at law…”
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