Virginia Code
Va. Code Ann. § 8.01-270 (2026)
Repealed
✓ current as of May 2026
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Repealed by Acts 2005, c. 681, cl. 2, effective January 1, 2006.
Notes of Decisions
Cited in 34
cases, 1981–2015 · leading case: Simmons v. Miller, 544 S.E.2d 666 (Va. 2001).
Simmons v. Miller, 544 S.E.2d 666 (Va. 2001). “Code § 8.01-270 provides in part that, “[n]o case shall be dismissed simply because it was brought on the wrong side of the court.”
Advanced Marine Enter., Inc. v. PRC Inc., 501 S.E.2d 148 (Va. 1998). “AME could have moved to transfer PRC’s legal claims to the law side of the court under Code § 8.01-270, where it would have been entitled to a jury trial, but chose not to proceed in this manner.”
Belcher v. Kirkwood, 383 S.E.2d 729 (Va. 1989). “Later, on Kirkwood’s motion, without objection by Belcher, the court transferred the case from its law side to its equity side pursuant to Code § 8.01-270. None of the pleadings was amended after the transfer.”
Stanardsville Volunteer Fire Co. v. Berry, 331 S.E.2d 466 (Va. 1985). “Code § 8.01-270 provides, in pertinent part: No case shall be dismissed simply because it was brought on the wrong side of the court, but whenever it shall appear that a plaintiff has proceeded at law when he should have proceeded in equity, or in equity when he should have…”
Smith v. McGregor, 376 S.E.2d 60 (Va. 1989). “They also assert the trial court failed to follow the procedure outlined in Code § 8.01-270 (transfer of cases from one side of court to other).”
Wiglesworth v. Taylor, 391 S.E.2d 299 (Va. 1990). “The case was transferred to the equity side of the court pursuant to Code § 8.01-270. After an evidentiary hearing and argument by counsel, the trial court concluded that: (1) Taylor’s interest in the trust assets vested on December 14, 1977, upon Wiglesworth’s filing of the…”
Cherokee Corp. v. Chicago Title Ins., 35 Va. Cir. 19 (Warren Cir. Ct. 1994). “Drown, Substitute Trustee, from tire law side of the Court to the equity side of the Court pursuant to § 8.01-270 of the Code of Virginia of 1950, as amended.”
McKay v. Clarke Cnty. Sch. Bd., 10 Va. Cir. 442 (Clarke Cir. Ct. 1988). “On the court’s motion, that count was severed from the proceeding and transferred to the law side of the docket under Code § 8.01-270. *443 Because the second amended motion for judgment appears to assume some of the allegations in the chancery proceeding, the bill of complaint…”
Sandberg v. Virginia Bankshares, Inc., 891 F.2d 1112 (4th Cir. 1989). “We note that the Virginia courts have repeatedly held that Va. Code § 8.01-270 is a remedial statute designed to save costs and prevent delay.”
Joyce v. Ctr. for Brief Counselling, Inc., 29 Va. Cir. 209 (Fredericksburg Cir. Ct. 1992). “01-276; Rule 3:6); a plea may put handwriting, ownership, or existence of a suing entity in issue if accompanied by an affidavit (§ 8.01-270); and trial by jury of a plea in equity is codified (§ 8.”
Washington Cnty. v. City of Bristol, 63 Va. Cir. 450 (Washington Cir. Ct. 2003). “Pursuant to Code § 8.01-270, the court sua sponte transfers the proceedings to the chanceiy side of the court.”
Costello v. Frederick Cnty. Sanitation Auth., 49 Va. Cir. 41 (Frederick Cir. Ct. 1999). “(See § 8.01-270 of the Code of Virginia.) However, the law action will be consolidated for trial with the equitable action, and the jury *44 which will be sitting on die matters out of chancery in die equitable action will also sit as a law jury in this proceeding and render a…”
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