{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-22.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-22.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-22.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-22.html"}],"law_id":63424,"edition_id":1,"section_id":63424,"structure_id":13794,"section_number":"8.01-22","catch_line":"When death or disability occurs as to any of several plaintiffs or defendants","history":"Code 1950, \u00a7 8-146; 1977, c. 617.","full_text":"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.","order_by":null,"text":{"0":{"id":231138,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13794,"edition_id":1,"name":"Death or Change of Parties","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13793,"metadata":{},"date_created":"2026-06-26 03:45:54","date_modified":"2026-06-26 03:45:54","permalink":{"id":278521,"object_type":"structure","relational_id":13794,"identifier":"3","token":"8.01\/2\/3","url":"\/8.01\/2\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13793,"edition_id":1,"name":"Parties","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:45:54","date_modified":"2026-06-26 03:45:54","permalink":{"id":278451,"object_type":"structure","relational_id":13793,"identifier":"2","token":"8.01\/2","url":"\/8.01\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84963,"structure_id":13794,"section_number":"8.01-16","catch_line":"New parties may have continuance","url":"\/8.01-16\/","token":"8.01\/2\/3\/8.01-16","metadata":false},{"id":62625,"structure_id":13794,"section_number":"8.01-17","catch_line":"When party whose powers cease is defendant","url":"\/8.01-17\/","token":"8.01\/2\/3\/8.01-17","metadata":false},{"id":54802,"structure_id":13794,"section_number":"8.01-18","catch_line":"When suit discontinued unless revived","url":"\/8.01-18\/","token":"8.01\/2\/3\/8.01-18","metadata":false},{"id":82288,"structure_id":13794,"section_number":"8.01-19","catch_line":"Effect of marriage or change of name of party","url":"\/8.01-19\/","token":"8.01\/2\/3\/8.01-19","metadata":false},{"id":70764,"structure_id":13794,"section_number":"8.01-20","catch_line":"Effect of marriage, change of name or death on appeal","url":"\/8.01-20\/","token":"8.01\/2\/3\/8.01-20","metadata":false},{"id":63450,"structure_id":13794,"section_number":"8.01-20.1","catch_line":"Certification of expert witness opinion at time of service of process","url":"\/8.01-20.1\/","token":"8.01\/2\/3\/8.01-20.1","metadata":false},{"id":74038,"structure_id":13794,"section_number":"8.01-21","catch_line":"Judgment when death or disability occurs after verdict but before judgment","url":"\/8.01-21\/","token":"8.01\/2\/3\/8.01-21","metadata":false},{"id":63424,"structure_id":13794,"section_number":"8.01-22","catch_line":"When death or disability occurs as to any of several plaintiffs or defendants","url":"\/8.01-22\/","token":"8.01\/2\/3\/8.01-22","metadata":false},{"id":55670,"structure_id":13794,"section_number":"8.01-23","catch_line":"Decree in suit when number of parties exceeds 30 and one of them dies","url":"\/8.01-23\/","token":"8.01\/2\/3\/8.01-23","metadata":false}],"previous_section":{"id":74038,"structure_id":13794,"section_number":"8.01-21","catch_line":"Judgment when death or disability occurs after verdict but before judgment","url":"\/8.01-21\/","token":"8.01\/2\/3\/8.01-21","metadata":false},"next_section":{"id":55670,"structure_id":13794,"section_number":"8.01-23","catch_line":"Decree in suit when number of parties exceeds 30 and one of them dies","url":"\/8.01-23\/","token":"8.01\/2\/3\/8.01-23","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-22\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1977, chapter 617.<\/p>","references":false,"refers_to":false,"permalink":{"id":278551,"object_type":"law","relational_id":63424,"identifier":"8.01-22","token":"8.01\/2\/3\/8.01-22","url":"\/8.01-22\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-22\/","token":"8.01\/2\/3\/8.01-22","dublin_core":{"Title":"When death or disability occurs as to any of several plaintiffs or defendants","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-22","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If a party<\/span> plaintiff<\/span> or defendant<\/span> becomes incapable of prosecuting or defending because of death, insanity<\/span>, conviction<\/span> of felony<\/span>, removal from office, or other reason and there are one or more co-plaintiffs<\/span> or co-defendants<\/span>, the court<\/span> on motion<\/span> may in its discretion either (i) suspend the case until a successor in interest is appointed in accordance with the Rules of Court<\/span>, or (ii) sever the action<\/span> or suit<\/span> so that the case shall proceed against the remaining parties without delay, with the case as to the former party<\/span> being continued and tried separately against the successor in interest when he is substituted as provided by the Rules of Court<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN DEATH OR DISABILITY OCCURS AS TO ANY OF SEVERAL PLAINTIFFS OR DEFENDANTS\n(\u00a7 8.01-22)\n\nIf a party plaintiff or defendant becomes incapable of prosecuting or defending\nbecause of death, insanity, conviction of felony, removal from office, or other\nreason and there are one or more co-plaintiffs or co-defendants, the court on\nmotion may in its discretion either (i) suspend the case until a successor in\ninterest is appointed in accordance with the Rules of Court, or (ii) sever the\naction or suit so that the case shall proceed against the remaining parties\nwithout delay, with the case as to the former party being continued and tried\nseparately against the successor in interest when he is substituted as provided\nby the Rules of Court.\n\nHISTORY: Code 1950, \u00a7 8-146; 1977, c. 617.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}