                                 CODE OF VIRGINIA

SETTING ASIDE DEFAULT JUDGMENTS; CLERICAL MISTAKES; INDEPENDENT ACTIONS TO
RELIEVE PARTY FROM JUDGMENT OR PROCEEDINGS; GROUNDS AND TIME LIMITATIONS (§
8.01-428)

A. 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. &#xA7; 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. 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.

C. 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.

D. 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 &#xA7; 8.01-322, or to set aside a judgment or decree for
fraud upon the court.

E. 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. &#xA7;
3911.

HISTORY: 1977, c. 617; 1991, c. 39; 1993, c. 951; 2005, cc. 333, 909.