                                 CODE OF VIRGINIA

CONTINUANCE OR TIME FOR FILING PLEADING, ETC., WHERE PARTY OR ATTORNEY IS ON
ACTIVE DUTY (§ 44-97.1)

Any party to or attorney in an action or proceeding in any court, including the
Supreme Court of Virginia, commission, or other tribunal having judicial or
quasi-judicial powers or jurisdiction who has been ordered to participate in
state active duty, annual active duty for training, or temporary active duty in
the reserve forces of any of the armed services of the United States or National
Guard shall be entitled to a continuance, not to exceed three weeks, as a matter
of right during the period of such duty, provided the continuance is requested
at least four days prior to the first day for which the continuance is sought.
The period required by any statute or rule for the filing of any pleading or the
performance of any act relating thereto shall be extended for seven days after
such active duty, provided a request is made four days prior to the date the
pleading or act is due. The failure of any court, commission, or other tribunal
to allow such continuance when requested to do so or the returning of such
filing or act during the period hereinabove specified shall constitute
reversible error. This section shall not prevent the granting of temporary
injunctive relief or the dissolution or extension of a temporary injunction, but
the right to such relief shall remain in the sound discretion of the court or
other such tribunal.

HISTORY: 1981, c. 288; 1990, c. 790; 2011, cc. 572, 586; 2015, c. 221.