Virginia Code
Va. Code Ann. § 8.01-22 (2026)
When death or disability occurs as to any of several plaintiffs or defendants
✓ current as of May 2026
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If a party plaintiff or defendant becomes incapable of prosecuting or defending because of death, insanity, conviction of felony, removal from office, or other reason and there are one or more co-plaintiffs or co-defendants, the court on motion may in its discretion either (i) suspend the case until a successor in interest is appointed in accordance with the Rules of Court, or (ii) sever the action or suit so that the case shall proceed against the remaining parties without delay, with the case as to the former party being continued and tried separately against the successor in interest when he is substituted as provided by the Rules of Court.
Code 1950, § 8-146; 1977, c. 617.
Notes of Decisions
Cited in 2
cases, 1992–1995 · leading case: Halberstam v. Commonwealth, 35 Va. Cir. 454 (Fairfax Cir. Ct. 1995).
Halberstam v. Commonwealth, 35 Va. Cir. 454 (Fairfax Cir. Ct. 1995). “109 (1984) (construing a similar notice provision in Va. Code § 8.01-22). Further, it is not clear that substantial compliance with the notice provisions is sufficient.”
Zaboth v. Beall, 26 Va. Cir. 269 (Fairfax Cir. Ct. 1992). “” See also Va. Code § 8.01-22. A “successor in interest” is defined as “one who follows another in ownership or control of property.”
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