{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-428.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-428.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-428.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-428.html"}],"law_id":59330,"edition_id":1,"section_id":59330,"structure_id":15553,"section_number":"8.01-428","catch_line":"Setting aside default judgments; clerical mistakes; independent actions to relieve party from judgment or proceedings; grounds and time limitations","history":"1977, c. 617; 1991, c. 39; 1993, c. 951; 2005, cc. 333, 909.","full_text":"A\n\nDefault judgments and decrees pro confesso; summary procedure. Upon motion of the plaintiff or judgment debtor and after reasonable notice to the opposite party, his attorney of record or other agent, the court may set aside a judgment by default or a decree pro confesso upon the following grounds: (i) fraud on the court, (ii) a void judgment, (iii) on proof of an accord and satisfaction, or (iv) on proof that the defendant was, at the time of service of process or entry of judgment, a servicemember as defined in 50 U.S.C. § 3911. Such motion on the ground of fraud on the court shall be made within two years from the date of the judgment or decree.B\n\nClerical mistakes. Clerical mistakes in all judgments or other parts of the record and errors therein arising from oversight or from an inadvertent omission may be corrected by the court at any time on its own initiative or upon the motion of any party and after such notice, as the court may order. During the pendency of an appeal, such mistakes may be corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending such mistakes may be corrected with leave of the appellate court.C\n\nFailure to notify party or counsel of final order. If counsel, or a party not represented by counsel, who is not in default in a circuit court is not notified by any means of the entry of a final order and the circuit court is satisfied that such lack of notice (i) did not result from a failure to exercise due diligence on the part of that party and (ii) denied that party an opportunity to pursue post-trial relief in the circuit court or to file an appeal therefrom, the circuit court may, within 60 days of the entry of such order, modify, vacate, or suspend the order or grant the party leave to appeal. Where the circuit court grants the party leave to appeal, the computation of time for noting and perfecting an appeal shall run from the entry of such order, and such order shall have no other effect.D\n\nOther judgments or proceedings. This section does not limit the power of the court to entertain at any time an independent action to relieve a party from any judgment or proceeding, or to grant relief to a defendant not served with process as provided in § 8.01-322, or to set aside a judgment or decree for fraud upon the court.E\n\nNothing in this section shall constitute grounds to set aside an otherwise valid default judgment against a defendant who was not, at the time of service of process or entry of judgment, a servicemember as defined in 50 U.S.C. § 3911.","order_by":null,"text":{"0":{"id":217487,"text":"Default judgments and decrees pro confesso; summary procedure. Upon motion of the plaintiff or judgment debtor and after reasonable notice to the opposite party, his attorney of record or other agent, the court may set aside a judgment by default or a decree pro confesso upon the following grounds: (i) fraud on the court, (ii) a void judgment, (iii) on proof of an accord and satisfaction, or (iv) on proof that the defendant was, at the time of service of process or entry of judgment, a servicemember as defined in 50 U.S.C. § 3911. Such motion on the ground of fraud on the court shall be made within two years from the date of the judgment or decree.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":217488,"text":"Clerical mistakes. Clerical mistakes in all judgments or other parts of the record and errors therein arising from oversight or from an inadvertent omission may be corrected by the court at any time on its own initiative or upon the motion of any party and after such notice, as the court may order. During the pendency of an appeal, such mistakes may be corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending such mistakes may be corrected with leave of the appellate court.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":217489,"text":"Failure to notify party or counsel of final order. If counsel, or a party not represented by counsel, who is not in default in a circuit court is not notified by any means of the entry of a final order and the circuit court is satisfied that such lack of notice (i) did not result from a failure to exercise due diligence on the part of that party and (ii) denied that party an opportunity to pursue post-trial relief in the circuit court or to file an appeal therefrom, the circuit court may, within 60 days of the entry of such order, modify, vacate, or suspend the order or grant the party leave to appeal. Where the circuit court grants the party leave to appeal, the computation of time for noting and perfecting an appeal shall run from the entry of such order, and such order shall have no other effect.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":217490,"text":"Other judgments or proceedings. This section does not limit the power of the court to entertain at any time an independent action to relieve a party from any judgment or proceeding, or to grant relief to a defendant not served with process as provided in § 8.01-322, or to set aside a judgment or decree for fraud upon the court.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":217491,"text":"Nothing in this section shall constitute grounds to set aside an otherwise valid default judgment against a defendant who was not, at the time of service of process or entry of judgment, a servicemember as defined in 50 U.S.C. § 3911.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15553,"edition_id":1,"name":"In General","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14169,"metadata":{},"date_created":"2026-06-26 03:56:16","date_modified":"2026-06-26 03:56:16","permalink":{"id":277751,"object_type":"structure","relational_id":15553,"identifier":"1","token":"8.01\/17\/1","url":"\/8.01\/17\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14169,"edition_id":1,"name":"Judgments and Decrees Generally","identifier":"17","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:47:07","date_modified":"2026-06-26 03:47:07","permalink":{"id":277749,"object_type":"structure","relational_id":14169,"identifier":"17","token":"8.01\/17","url":"\/8.01\/17\/","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":61477,"structure_id":15553,"section_number":"8.01-426","catch_line":"\"Judgment\" includes decree","url":"\/8.01-426\/","token":"8.01\/17\/1\/8.01-426","metadata":false},{"id":81586,"structure_id":15553,"section_number":"8.01-427","catch_line":"Persons entitled under decree deemed judgment creditors; execution on decree","url":"\/8.01-427\/","token":"8.01\/17\/1\/8.01-427","metadata":false},{"id":79735,"structure_id":15553,"section_number":"8.01-427.1","catch_line":"Repealed","url":"\/8.01-427.1\/","token":"8.01\/17\/1\/8.01-427.1","metadata":false},{"id":59330,"structure_id":15553,"section_number":"8.01-428","catch_line":"Setting aside default judgments; clerical mistakes; independent actions to relieve party from judgment or proceedings; grounds and time limitations","url":"\/8.01-428\/","token":"8.01\/17\/1\/8.01-428","metadata":false},{"id":78810,"structure_id":15553,"section_number":"8.01-429","catch_line":"Action of appellate court when there might be redress under \u00a7 8.01-428","url":"\/8.01-429\/","token":"8.01\/17\/1\/8.01-429","metadata":false},{"id":77527,"structure_id":15553,"section_number":"8.01-430","catch_line":"When final judgment to be entered after verdict set aside","url":"\/8.01-430\/","token":"8.01\/17\/1\/8.01-430","metadata":false}],"previous_section":{"id":79735,"structure_id":15553,"section_number":"8.01-427.1","catch_line":"Repealed","url":"\/8.01-427.1\/","token":"8.01\/17\/1\/8.01-427.1","metadata":false},"next_section":{"id":78810,"structure_id":15553,"section_number":"8.01-429","catch_line":"Action of appellate court when there might be redress under \u00a7 8.01-428","url":"\/8.01-429\/","token":"8.01\/17\/1\/8.01-429","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-428\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 617 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. 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. Those modifications are as follows: in 1991, chapter 39; in 1993, chapter 951; in 2005, chapters 333<\/a> and 909<\/a>.<\/p>","references":[{"id":86972,"section_number":"16.1-97.1","catch_line":"When a new trial is granted","order_by":null,"url":"\/16.1-97.1\/"},{"id":87232,"section_number":"17.1-406","catch_line":"Appeals in criminal matters; cases over which Court of Appeals does not have jurisdiction","order_by":null,"url":"\/17.1-406\/"},{"id":81785,"section_number":"64.2-448","catch_line":"Complaint to impeach or establish a will; limitation of action; venue","order_by":null,"url":"\/64.2-448\/"},{"id":82753,"section_number":"8.01-15.2","catch_line":"Servicemembers Civil Relief Act; default judgment; appointment of counsel","order_by":null,"url":"\/8.01-15.2\/"}],"refers_to":[{"id":54367,"section_number":"8.01-322","catch_line":"Within what time case reheard on petition of party served by publication, and any injustice corrected","order_by":null,"url":"\/8.01-322\/"}],"permalink":{"id":277765,"object_type":"law","relational_id":59330,"identifier":"8.01-428","token":"8.01\/17\/1\/8.01-428","url":"\/8.01-428\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-428\/","token":"8.01\/17\/1\/8.01-428","dublin_core":{"Title":"Setting aside default judgments; clerical mistakes; independent actions to relieve party from judgment or proceedings; grounds and time limitations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-428","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Default judgments<\/span> and decrees<\/span> pro confesso; summary procedure. Upon motion<\/span> of the plaintiff<\/span> or judgment debtor<\/span> and after reasonable notice to the opposite party<\/span>, his attorney of record or other agent, the court<\/span> may set aside a judgment by default<\/span> or a decree<\/span> pro confesso upon the following grounds: (i) fraud<\/span> on the court<\/span>, (ii) a void judgment, (iii) on proof of an accord and satisfaction, or (iv) on proof that the defendant<\/span> was, at the time of service of process<\/span> or entry of judgment, a servicemember as defined in 50 U.S.C. § 3911. Such motion<\/span> on the ground of fraud<\/span> on the court<\/span> shall be made within two years from the date of the judgment or decree<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Clerical mistakes. Clerical mistakes in all judgments or other parts of the record and errors therein arising from oversight or from an inadvertent omission may be corrected by the court<\/span> at any time on its own initiative or upon the motion<\/span> of any party<\/span> and after such notice, as the court<\/span> may order<\/span>. During the pendency of an appeal<\/span>, such mistakes may be corrected before the appeal<\/span> is docketed in the appellate<\/span> court<\/span>, and thereafter while the appeal<\/span> is pending such mistakes may be corrected with leave of the appellate<\/span> court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Failure to notify party<\/span> or counsel<\/span> of final order<\/span>. If counsel<\/span>, or a party<\/span> not represented by counsel<\/span>, who is not in default in a circuit<\/span> court<\/span> is not notified by any means of the entry of a final order<\/span> and the circuit<\/span> court<\/span> is satisfied that such lack of notice (i) did not result from a failure to exercise due diligence on the part of that party<\/span> and (ii) denied that party<\/span> an opportunity to pursue post-trial<\/span> relief in the circuit<\/span> court<\/span> or to file an appeal<\/span> therefrom, the circuit<\/span> court<\/span> may, within 60 days of the entry of such order, modify, vacate, or suspend the order or grant the party<\/span> leave to appeal<\/span>. Where the circuit<\/span> court<\/span> grants the party<\/span> leave to appeal<\/span>, the computation of time for noting and perfecting an appeal<\/span> shall run from the entry of such order, and such order shall have no other effect. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Other judgments or proceedings. This section does not limit the power of the court<\/span> to entertain at any time an independent action<\/span> to relieve a party<\/span> from any judgment or proceeding, or to grant relief to a defendant<\/span> not served with process as provided in § 8.01-322<\/a>, or to set aside a judgment or decree<\/span> for fraud<\/span> upon the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in this section shall constitute grounds to set aside an otherwise valid default judgment<\/span> against a defendant<\/span> who was not, at the time of service of process<\/span> or entry of judgment, a servicemember as defined in 50 U.S.C. § 3911. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSETTING ASIDE DEFAULT JUDGMENTS; CLERICAL MISTAKES; INDEPENDENT ACTIONS TO\nRELIEVE PARTY FROM JUDGMENT OR PROCEEDINGS; GROUNDS AND TIME LIMITATIONS (\u00a7\n8.01-428)\n\nA. Default judgments and decrees pro confesso; summary procedure. Upon motion of\nthe plaintiff or judgment debtor and after reasonable notice to the opposite\nparty, his attorney of record or other agent, the court may set aside a judgment\nby default or a decree pro confesso upon the following grounds: (i) fraud on the\ncourt, (ii) a void judgment, (iii) on proof of an accord and satisfaction, or\n(iv) on proof that the defendant was, at the time of service of process or entry\nof judgment, a servicemember as defined in 50 U.S.C. § 3911. Such motion on\nthe ground of fraud on the court shall be made within two years from the date of\nthe judgment or decree.\n\nB. Clerical mistakes. Clerical mistakes in all judgments or other parts of the\nrecord and errors therein arising from oversight or from an inadvertent omission\nmay be corrected by the court at any time on its own initiative or upon the\nmotion of any party and after such notice, as the court may order. During the\npendency of an appeal, such mistakes may be corrected before the appeal is\ndocketed in the appellate court, and thereafter while the appeal is pending such\nmistakes may be corrected with leave of the appellate court.\n\nC. Failure to notify party or counsel of final order. If counsel, or a party not\nrepresented by counsel, who is not in default in a circuit court is not notified\nby any means of the entry of a final order and the circuit court is satisfied\nthat such lack of notice (i) did not result from a failure to exercise due\ndiligence on the part of that party and (ii) denied that party an opportunity to\npursue post-trial relief in the circuit court or to file an appeal therefrom,\nthe circuit court may, within 60 days of the entry of such order, modify,\nvacate, or suspend the order or grant the party leave to appeal. Where the\ncircuit court grants the party leave to appeal, the computation of time for\nnoting and perfecting an appeal shall run from the entry of such order, and such\norder shall have no other effect.\n\nD. Other judgments or proceedings. This section does not limit the power of the\ncourt to entertain at any time an independent action to relieve a party from any\njudgment or proceeding, or to grant relief to a defendant not served with\nprocess as provided in § 8.01-322, or to set aside a judgment or decree for\nfraud upon the court.\n\nE. Nothing in this section shall constitute grounds to set aside an otherwise\nvalid default judgment against a defendant who was not, at the time of service\nof process or entry of judgment, a servicemember as defined in 50 U.S.C. §\n3911.\n\nHISTORY: 1977, c. 617; 1991, c. 39; 1993, c. 951; 2005, cc. 333, 909.","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}}