Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 3. Actions » Article 17. Declaratory Judgments
Virginia Code

Va. Code Ann. § 8.01-191 (2026)

Construction of article

✓ current as of May 2026
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This article is declared to be remedial. Its purpose is to afford relief from the uncertainty and insecurity attendant upon controversies over legal rights, without requiring one of the parties interested so to invade the rights asserted by the other as to entitle him to maintain an ordinary action therefor. It is to be liberally interpreted and administered with a view to making the courts more serviceable to the people.

Code 1950, § 8-585; 1977, c. 617.

Notes of Decisions
Cited in 60 cases (10 in the last 5 years), 1981–2024 · leading case: Cherrie v. Virginia Health Servs., 787 S.E.2d 855 (Va. 2016).
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Cherrie v. Virginia Health Servs., 787 S.E.2d 855 (Va. 2016). · cites it 2× “01-184 to Code § 8.01-191, as the statutory vehicle to give them a private right of action to enforce 12 VAC § 5-371-140(G).”
Erie Ins. Grp. v. Hughes, 393 S.E.2d 210 (Va. 1990). · cites it 4× “Joining in that argument, Hughes explains that she “used the mechanism of declaratory judgment to reduce the burden upon the judicial system and to seek a clear and binding adjudication of the rights and liabilities of Erie Insurance Company and Allstate Insurance Company to…”
Mozley v. Prestwould Bd. of Directors, 570 S.E.2d 817 (Va. 2002). · cites it 2× “Finally, Mozley contends that because declaratory judgment suits are remedial in nature, as recognized by the General Assembly in Code § 8.01-191, she should not suffer this additional penalty for bringing her suit.”
Cupp v. Bd. of Supervisors, 227 Va. 580 (Va. 1984). · cites it 2× “In this regard, Code § 8.01-191 comes into play; it reads as follows: This article is declared to be remedial.”
D'Ambrosio v. Wolf, 809 S.E.2d 625 (Va. 2018). · cites it 2× “See Code § 8.01-191 (declaratory judgment statutes "afford relief from the uncertainty and insecurity attendant upon controversies over legal rights, without requiring one of the parties interested so to invade the rights asserted by the other as to entitle him to maintain an…”
W. S. Carnes, Inc. v. Bd. of Supervisors, 478 S.E.2d 295 (Va. 1996). · cites it 2× “The *383 Association notes that its status as a nonstock corporation permits it to sue or be sued in its corporate name.”
Miller v. Highland Cnty., 650 S.E.2d 532 (Va. 2007). · cites it 2× “Code § 8.01-191; Umstattd v. Centex Homes, G.”
Cupp v. Bd. of Sup'rs of Fairfax Cnty., 318 S.E.2d 407 (Va. 1984). · cites it 2× “In this regard, Code § 8.01-191 comes into play; it reads as follows: This article is declared to be remedial.”
Bd. OF SUP'RS, ETC. v. Southland Corp., 297 S.E.2d 718 (Va. 1982). · cites it 2× “” Code § 8.01-191. They are to be “liberally interpreted and administered with a view to making the courts more serviceable to the people.”
Russell Cnty. Dep't of Soc. Servs. v. O'Quinn, 523 S.E.2d 492 (Va. 2000). · cites it 6× “” Code § 8.01-191 states: “This article is declared to be remedial.”
USAA Cas. Ins. v. Randolph, 497 S.E.2d 744 (Va. 1998). · cites it 2× “Code § 8.01-191; Erie, 240 Va. at 170 , 393 S.”
Hoffman Fam., L.L.C. v. Mill Two Assocs. P'ship, 529 S.E.2d 318 (Va. 2000). · cites it 2× “Hoffman contends that the limitation of the restrictive covenant in the December 11, 1989 deed was not ripe for determination in a declaratory judgment action because Old Town Development had no vested right to develop Parcels 9, 10, and 11 at the time the original action…”
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