As used in this title, unless the context otherwise requires, the term:
1. "Action" and "suit" may be used interchangeably and shall include all civil proceedings whether upon claims at law, in equity, or statutory in nature and whether in circuit courts or district courts;
2. "Decree" and "judgment" may be used interchangeably and shall include orders or awards;
3. "Fiduciary" shall include any one or more of the following:
a. guardian,
b. committee,
c. trustee,
d. executor,
e. administrator, and administrator with the will annexed,
f. curator of the will of any decedent, or
g. conservator;
4. "Rendition of a judgment" means the time at which the judgment is signed and dated;
5. "Person" shall include individuals, a trust, an estate, a partnership, an association, an order, a corporation, or any other legal or commercial entity;
6. "Person under a disability" shall include:
a. a person convicted of a felony during the period he is confined;
b. an infant;
c. an incapacitated person as defined in § 64.2-2000;
d. an incapacitated ex-service person under § 64.2-2016;
e. persons made defendants by the general description of "parties unknown" in suits involving real property; or
f. any other person who, upon motion to the court by any party to an action or suit or by any person in interest, is determined to be (i) incapable of taking proper care of his person, or (ii) incapable of properly handling and managing his estate, or (iii) otherwise unable to defend his property or legal rights either because of age or temporary or permanent impairment, whether physical, mental, or both. Such impairment may also include substance abuse as defined in § 37.2-100;
7. "Sheriff" shall include deputy sheriffs and such other persons designated in § 15.2-1603;
8. "Summons" and "subpoena" may be used interchangeably and shall include a subpoena duces tecum for the production of documents and tangible things;
9. "Court of equity,""law and equity court,""law and chancery court,""chancery court," "corporation court," "the chancery side," "court exercising powers in chancery," "court with equitable jurisdiction," and "receivership court" shall mean the circuit court when entertaining equitable claims;
10. A "motion for judgment," "bill," "bill of complaint," or "bill in equity" shall mean a complaint in a civil action, as provided in the Rules of Supreme Court of Virginia;
11. "Equity practice," "equity procedure," "chancery practice," and "chancery procedure" shall mean practice and procedure in a civil action as prescribed by this Code and the Rules of Supreme Court of Virginia.
1977, c. 617; 1988, c. 37; 1997, c. 921; 2005, cc. 681, 716; 2022, c. 299.
Notes of Decisions
Cited in
91
cases (
13 in the last 5 years), 1978–2025 · leading case:
Holsapple v. Commonwealth, 574 S.E.2d 756 (Va. Ct. App. 2003).
Holsapple v. Commonwealth, 574 S.E.2d 756 (Va. Ct. App. 2003).
· cites it 8× “See Code § 8.01-2. Accordingly, we find no error in the trial court's determination that there was no evidence to establish Holsapple was a "person under a disability," or that he was not entitled to an appointment of a guardian ad litem, or a committee, for purposes of notice.”
Cordova v. Alper, 64 Va. Cir. 87 (Fairfax Cir. Ct. 2004).
· cites it 13× “” Va. Code § 8.01-2. He was then suffering from dementia related to Alzheimer’s disease according to a number of treating health care professionals.”
Pigg v. Commonwealth, 441 S.E.2d 216 (Va. Ct. App. 1994).
· cites it 11× “” Under Code § 8.01-2, the term “suit” as used in that title “include[s] all civil proceedings whether at law, in equity, or statutory in nature and whether in circuit courts or district courts.”
Welding, Inc. v. Bland Cnty. Serv. Auth., 541 S.E.2d 909 (Va. 2001).
· cites it 2× “2 Although the Authority argued in the trial court that the definition of “action” contained in Code § 8.01-2 restricts the subdivision’s application to actions filed in circuit court, that argument was not advanced on appeal and is not persuasive.”
Chase v. DaimlerChrysler Corp., 587 S.E.2d 521 (Va. 2003).
· cites it 2× “” Code § 8.01-2(1). Consequently, being “successful” in this statutory “civil action,” by definition, means that the action terminates in favor of the claimant.”
Trout v. Commonwealth Transp. Comm'r, 400 S.E.2d 172 (Va. 1991).
· cites it 4× “The court referred to the definition of “action” in Code § 8.01-2 as including “all civil proceedings whether at law, in equity, or statutory in nature.”
Schoenwetter v. Schoenwetter, 383 S.E.2d 28 (Va. Ct. App. 1989).
· cites it 2× “Since “action” and “suit” are defined interchangeably in Code § 8.01-2, we believe that Code § 8.01-335(A) may be employed in both law and chancery cases.”
Trout v. Com. Transp. Com'r of Va., 400 S.E.2d 172 (Va. 1991).
· cites it 3× “The court referred to the definition of "action" in Code § 8.01-2 as including "all civil proceedings whether at law, in equity, or statutory in nature.”
Timms v. Rosenblum, 713 F. Supp. 948 (E.D. Va. 1989).
· cites it 3× “Va.Code § 8.01-2(1) provides that the term action “shall include all civil proceedings whether at law, in equity or statutory in nature and whether in circuit courts or district courts.”
McClung v. Smith, 870 F. Supp. 1384 (E.D. Va. 1994).
· cites it 6× “01-31 is circumscribed by the definition of “fiduciary” in Va.Code Ann. § 8.01-2 which does not include “husband and wife” *1401 and this means, they say, that a husband or a wife is beyond the reach of the term fiduciary in § 8.”
Allen v. Loudoun Cnty. Sanitation Auth., 81 Va. Cir. 496 (Loudoun Cir. Ct. 2009).
· cites it 7× “Va. Code § 8.01-2 provides: As used in this title, unless the context otherwise requires, the term: 1.”
In re: Woodley, 777 S.E.2d 560 (Va. 2015).
· cites it 2× “See also Code § 1-234 (defining "personal representative" as including "the executor of a will or the administrator of the estate of a decedent"); Code § 8.01-2 (defining "fiduciary" as including an "executor" or "administrator"); Code § 64.”
— Va. Code Ann. § 8.01-2(1) — 11 cases
Chase v. DaimlerChrysler Corp., 587 S.E.2d 521 (Va. 2003).
“” Code § 8.01-2(1). Consequently, being “successful” in this statutory “civil action,” by definition, means that the action terminates in favor of the claimant.”
Timms v. Rosenblum, 713 F. Supp. 948 (E.D. Va. 1989).
“Va.Code § 8.01-2(1) provides that the term action “shall include all civil proceedings whether at law, in equity or statutory in nature and whether in circuit courts or district courts.”
— Va. Code Ann. § 8.01-2(10) — 1 case
— Va. Code Ann. § 8.01-2(3) — 1 case
— Va. Code Ann. § 8.01-2(3)(c) — 1 case
— Va. Code Ann. § 8.01-2(4) — 1 case
— Va. Code Ann. § 8.01-2(5) — 1 case
— Va. Code Ann. § 8.01-2(6) — 11 cases
Pigg v. Commonwealth, 441 S.E.2d 216 (Va. Ct. App. 1994).
“” Under Code § 8.01-2, the term “suit” as used in that title “include[s] all civil proceedings whether at law, in equity, or statutory in nature and whether in circuit courts or district courts.”
Cordova v. Alper, 64 Va. Cir. 87 (Fairfax Cir. Ct. 2004).
“” Va. Code § 8.01-2. He was then suffering from dementia related to Alzheimer’s disease according to a number of treating health care professionals.”
— Va. Code Ann. § 8.01-2(6)(a) — 15 cases
Holsapple v. Commonwealth, 574 S.E.2d 756 (Va. Ct. App. 2003).
“See Code § 8.01-2. Accordingly, we find no error in the trial court's determination that there was no evidence to establish Holsapple was a "person under a disability," or that he was not entitled to an appointment of a guardian ad litem, or a committee, for purposes of notice.”
— Va. Code Ann. § 8.01-2(6)(b) — 1 case
— Va. Code Ann. § 8.01-2(6)(d) — 4 cases
Pigg v. Commonwealth, 441 S.E.2d 216 (Va. Ct. App. 1994).
“” Under Code § 8.01-2, the term “suit” as used in that title “include[s] all civil proceedings whether at law, in equity, or statutory in nature and whether in circuit courts or district courts.”
— Va. Code Ann. § 8.01-2(6)(e) — 1 case
— Va. Code Ann. § 8.01-2(6)(e)(iii) — 1 case
— Va. Code Ann. § 8.01-2(6)(f) — 1 case
Cordova v. Alper, 64 Va. Cir. 87 (Fairfax Cir. Ct. 2004).
“” Va. Code § 8.01-2. He was then suffering from dementia related to Alzheimer’s disease according to a number of treating health care professionals.”
— Va. Code Ann. § 8.01-2(8) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.