                                 CODE OF VIRGINIA

WHEN PARTY WHOSE POWERS CEASE IS DEFENDANT (§ 8.01-17)

A. When the party whose powers cease is a defendant, the plaintiff may continue
his suit against him to final judgment or decree; provided that a successor in
interest may be substituted in accordance with the Rules of Court; and provided
further that upon motion the court may order that the suit proceed against the
former party as well as the successor.

B. The provisions of this section shall not apply when a public officer who is a
party in an official capacity dies, resigns, or otherwise ceases to hold office
while an action is pending. In any such instance, such public officer&#8217;s
successor shall be automatically substituted as a party when the only claim in
such action was made against the former public officer in his official capacity.

HISTORY: Code 1950, § 8-152; 1954, c. 333; 1977, c. 617; 2025, c. 460.