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Virginia Code

Va. Code Ann. § 16.1-97 (2026)

Repealed

✓ current as of May 2026
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Repealed by Acts 1987, c. 98.

Notes of Decisions
Cited in 8 cases, 1973–2006 · leading case: State Farm Mut. Auto. Ins. Co. v. Remley, 618 S.E.2d 316 (Va. 2005).
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State Farm Mut. Auto. Ins. Co. v. Remley, 618 S.E.2d 316 (Va. 2005). · cites it 4× “We set aside the default judgment that had been entered in favor of the plaintiffs because we concluded that their counsel had committed a fraud upon the court.”
Nat'l Airlines, Inc. v. Kevin P., 292 S.E.2d 308 (Va. 1982). · cites it 2× “1-106, and the thirty day period for a new trial, Code § 16.1-97, after which they sought execution by levy on National’s property at the Norfolk Airport.”
Godlewski v. Gray, 277 S.E.2d 213 (Va. 1981). · cites it 2× “In addition to the 1956 statutes already discussed, Code § 16.1-97 was also enacted that year to permit the court not of record to consider, within 30 days of judgment, a motion for new trial.”
Powell v. Beneficial Fin. Co. of Lynchburg, Inc., 194 S.E.2d 742 (Va. 1973). · cites it 2× “Therefore, Beneficial argues, Powell knew of the judgment within the thirty-day period fixed by Code § 16.1-97 and should have sought relief thereunder.”
Rigg v. Old, 6 Va. Cir. 9 (Norfolk Cir. Ct. 1981). · cites it 2× “On appeal, defendant says that the District Court erred as it had no authority to order a reopening after the expiration of thirty days from the date of dismissal and cites: Section 16.1-97. When a new trial granted.”
Lake Holiday Country Club, Inc. v. Morton, 6 Va. Cir. 21 (Winchester Cir. Ct. 1982). · cites it 3× “On the other hand, the defendant contends that since this appeal is from the denial of a new trial under the provisions of Virginia Code § 16.1-97 the Court must first decide whether a new trial should have been granted, and if it decides to the contrary that ends the…”
Keith v. Blue Cross/Blue Shield, 3 Va. Cir. 47 (Alleghany Cir. Ct. 1982). · cites it 2× “" However, there was no appeal of the General District Court’s Order pursuant to Code of Virginia § 16.1-106, therefore the Order became final after the lapse of ten days (§ 16.”
Williams v. Morgan-Towe, 72 Va. Cir. 33 (Norfolk Cir. Ct. 2006). “Judge Ryan of this court reached the same conclusion in construing former § 16.1-97. Rigg v. Old, 6 Va. Cir. 9 (1981).”
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