Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 24. Injunctions
Virginia Code

Va. Code Ann. § 8.01-623 (2026)

Injunction against decree subject to bill of review; limitations to bill of review

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A court allowing a bill of review may award an injunction to the decree to be reviewed. But no bill of review shall be allowed to a final decree, unless it be exhibited within six months next after such decree, except that a person under a disability as defined in § 8.01-2 may exhibit the same within six months after the removal of his disability. In no case shall such a bill be filed without the leave of court first obtained, unless it is for error of law apparent upon the face of the record. Notwithstanding the provisions of this section, no court shall allow a bill of review for a decree entered pursuant to § 58.1-3969 to sell real estate to enforce the lien for delinquent real estate taxes.

Code 1950, § 8-613; 1977, c. 617; 2025, c. 267.

Notes of Decisions
Cited in 26 cases (4 in the last 5 years), 1983–2023 · leading case: Singh v. Mooney, 541 S.E.2d 549 (Va. 2001).
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Singh v. Mooney, 541 S.E.2d 549 (Va. 2001). · cites it 2× “, Code § 8.01-623 (bill of review); Code § 8.”
Parrish v. Jessee, 464 S.E.2d 141 (Va. 1995). · cites it 4× “2d at 758 , or (3) by bill of review, Code § 8.01-623, Blunt v. Lentz, 241 Va. 547, 550 , 404 S.”
Napert v. Napert, 540 S.E.2d 882 (Va. 2001). · cites it 2× “The wife filed a bill of review pursuant to Code § 8.01-623, asserting that the divorce decree was void because it was entered in violation of Rule 1:13.”
De Avies v. De Avies, 592 S.E.2d 351 (Va. Ct. App. 2004). · cites it 2× “As a result, it governs the parties before the court until vacated by the trial court upon reconsideration (assuming a timely ruling under Rule 1:1), or reversed by an appellate court (assuming a timely appeal under Rules 5A:6(a) and 5:9), or set aside pursuant to a bill of…”
Blunt v. Lentz, 404 S.E.2d 62 (Va. 1991). · cites it 2× “Code § 8.01-623 states that “[i]n no case shall [a bill of review] be filed without the leave of court first obtained, unless it be for error of law apparent upon the face of the record.”
Whiting v. Whiting, 262 Va. 3 (2001). · cites it 2× “A voidable decree or order is not subject to collateral attack and must be challenged within 21 days of its entry pursuant to Rule 1:1, by a bill of review within the time prescribed by Code § 8.01-623, or by an independent action pursuant to Code § 8.”
Pigg v. Commonwealth, 441 S.E.2d 216 (Va. Ct. App. 1994). · cites it 2× “2d at 758 , or (3) by bill of review, Code § 8.01-623; Blunt v. Lentz, 241 Va. 547, 550 , 404 S.”
Zeaman v. Zeaman, 52 Va. Cir. 48 (Fairfax Cir. Ct. 2000). · cites it 4× “Zeaman contends that the June 28, 1999, Order violates the law of damages by accelerating all the future installments as if they were due instantaneously when there was no acceleration clause in the PSA.”
Sharon M. Hickson v. Robert D. Hickson, 540 S.E.2d 508 (Va. Ct. App. 2001). · cites it 2× “Pursuant to Code § 8.01-623, a bill of review is an extraordinary injunctive remedy to redress “ ‘errors of law apparent on the face of the record,’ ” predicated upon a pleading that “identifies, with the requisite degree of accuracy and definiteness, [such] errors.”
Smith v. City of Norfolk, 55 Va. Cir. 410 (Norfolk Cir. Ct. 2001). · cites it 2× ““A voidable decree or order is not subject to collateral attack and must be challenged within 21 days of its entry pursuant to Rule l:l,byabill of review within the time prescribed by Code § 8.01-623, or by an independent action pursuant to Code § 8.”
Emmanuel Worship Ctr. v. City of Petersburg, 867 S.E.2d 291 (Va. 2022). · cites it 3× “On November 15, 2019, within six months of entry of the decree of sale, EWC filed a bill of review in the circuit court pursuant to Code § 8.01-623. EWC asked the circuit court to review its May 20, 2019 decree of sale and to reverse, modify, or nullify it, and award it the…”
Ernest Highsmith v. Claretha J. Highsmith, No. 0395194 (Va. Ct. App. Nov. 26, 2019). · cites it 6× “Additionally, errors in a circuit court’s order may be corrected outside of Rule 1:1’s twenty-one-day period when “set aside pursuant to a bill of review (if filed within the limitations of Code § 8.01-623)[.]” De Avies v. De Avies, 42 Va.”
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