Virginia Code

Va. Code Ann. § 8.01-5 (2026)

Effect of nonjoinder or misjoinder; limitation on joinder of insurance company

✓ current as of May 2026

Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

A. No action or suit shall abate or be defeated by the nonjoinder or misjoinder of parties, plaintiff or defendant, but whenever such nonjoinder or misjoinder shall be made to appear by affidavit or otherwise, new parties may be added and parties misjoined may be dropped by order of the court at any time as the ends of justice may require.

B. Nothing in this section shall be construed to permit the joinder of any insurance company on account of the issuance to any party to a cause of any policy or contract of liability insurance, or on account of the issuance by any such company of any policy or contract of liability insurance for the benefit of or that will inure to the benefit of any party to any cause.

Code 1950, § 8-96; 1954, c. 333; 1977, c. 617.

Notes of Decisions

Cited in 60 cases (4 in the last 5 years), 1978–2025 · leading case: Siska Revocable Trust v. Milestone Dev't, 715 S.E.2d 21 (Va. 2011).

Sort: Relevance Newest Treatment

Siska Revocable Trust v. Milestone Dev't, 715 S.E.2d 21 (Va. 2011). · cites it 9× “When Code § 8.01-5 was revised in 1977, the Rule of court being referred to read almost verbatim as it does today in what is now Rule 3:12: Rule 3:12.”

Addison v. Jurgelsky, 704 S.E.2d 402 (Va. 2011). · cites it 6× “Having determined that a single co-administrator may not maintain a wrongful death action, we now turn to the remaining issue, whether the absent co-administrator may be joined as a party plaintiff pursuant to Code § 8.”

Fox v. Deese, 362 S.E.2d 699 (Va. 1987). · cites it 4× “Whether the court should have dismissed the action based on nonjoinder of parties plaintiff is answered by Code § 8.01-5(A) and Rule 3:9A. Code § 8.”

Wright v. Eli Lilly & Co., 66 Va. Cir. 195 (Portsmouth Cir. Ct. 2004). · cites it 21× “3 At common law, misjoinder of parties was a fatal defect in pleadings, but with the advent of Va. Code § 8.01-5, misjoinder of parties is no longer a fatal flaw since such misjoined parties may be dropped and the action may proceed.”

Carufel v. Am. Isuzu Motors, Inc., 47 Va. Cir. 529 (Spotsylvania Cir. Ct. 1999). · cites it 15× “Bryson, Virginia Civil Procedure (3d ed. 1997), p.”

Parrish v. Hicks, 28 Va. Cir. 475 (Albemarle Cir. Ct. 1992). · cites it 13× “Swett The matter is before me on a motion to reconsider my earlier ruling that one of the two plaintiffs in each of these actions be dropped pursuant to Va. Code § 8.01-5. For the following reasons, the plaintiffs’ motions to reconsider are denied.”

Est. of James v. Peyton, 674 S.E.2d 864 (Va. 2009). · cites it 4× “However, the statutes distinguish the circumstances under which the permitted correction will relate back to the original filing, effectively tolling the statute of limitations.”

Emerald Point, LLC v. Hawkins, 808 S.E.2d 384 (Va. 2017). · cites it 2× “Fourth Assignment of Error-Severance Motion Prior to trial, the landlord filed a motion pursuant to Code § 8.01-5 to sever Hawkins' claim from that of the other three tenants.”

Builders Mut. Ins. v. Futura Grp., L.L.C., 779 F. Supp. 2d 529 (E.D. Va. 2011). · cites it 4× “226, 226-27 (City of Virginia Beach 1990); Commercial Union Ins.”

Cook v. Radford Cmty. Hosp., Inc., 536 S.E.2d 906 (Va. 2000). · cites it 4× “01-6, or the misjoinder statute, Code § 8.01-5, and dismissed Cook’s motion for judgment.”

Schieszler v. Ferrum Coll., 236 F. Supp. 2d 602 (W.D. Va. 2002). · cites it 2× “The complaint alleges a single count of wrongful death pursuant to Virginia Code §§ 8.01-5 et seq. It avers that the defendants “knew or personally should have known that Frentzel was likely to attempt to hurt himself if not properly supervised,” that they were “negligent by…”

United Servs. Auto. Ass'n v. Nationwide Mut. Ins., 241 S.E.2d 784 (Va. 1978). · cites it 2× “Brewer. Armed with a judgment, either could do so, subject to the five-year statute of limitations for claims arising under contracts in writing.”

Show all 60 citing cases →

— Va. Code Ann. § 8.01-5(A) — 24 cases

Fox v. Deese, 362 S.E.2d 699 (Va. 1987). “Whether the court should have dismissed the action based on nonjoinder of parties plaintiff is answered by Code § 8.01-5(A) and Rule 3:9A. Code § 8.”

Siska Revocable Trust v. Milestone Dev't, 715 S.E.2d 21 (Va. 2011). “When Code § 8.01-5 was revised in 1977, the Rule of court being referred to read almost verbatim as it does today in what is now Rule 3:12: Rule 3:12.”

Wright v. Eli Lilly & Co., 66 Va. Cir. 195 (Portsmouth Cir. Ct. 2004). “3 At common law, misjoinder of parties was a fatal defect in pleadings, but with the advent of Va. Code § 8.01-5, misjoinder of parties is no longer a fatal flaw since such misjoined parties may be dropped and the action may proceed.”

Addison v. Jurgelsky, 704 S.E.2d 402 (Va. 2011). “Having determined that a single co-administrator may not maintain a wrongful death action, we now turn to the remaining issue, whether the absent co-administrator may be joined as a party plaintiff pursuant to Code § 8.”

Parrish v. Hicks, 29 Va. Cir. 370 (Albemarle Cir. Ct. 1992).

— Va. Code Ann. § 8.01-5(B) — 6 cases

Builders Mut. Ins. v. Futura Grp., L.L.C., 779 F. Supp. 2d 529 (E.D. Va. 2011). “226, 226-27 (City of Virginia Beach 1990); Commercial Union Ins.”

Erie Ins. Co. v. McKinley Chiropractic Ctr. (ORDER), 803 S.E.2d 741 (Va. 2017).

Bell v. State Farm Auto. Ins., 19 Va. Cir. 226 (Virginia Beach Cir. Ct. 1990).

Menzel v. Est. of Menzel, 5 Va. Cir. 286 (Alexandria Cir. Ct. 1985).

Talbot v. Oxfordshire, L.L.C., 82 Va. Cir. 87 (Norfolk Cir. Ct. 2011).

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.