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Virginia Law

Code of Virginia

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Chapter 3.
Actions
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  • Article 2.
    Actions on Contracts Generally
    Read all
    • § 8.01-27
    Civil action on note or writing promising to pay money
    § 8.01-27.1
    Additional recovery in certain civil actions concerning checks or rejected electronic funds transfers
    § 8.01-27.2
    Civil recovery for giving bad check
    § 8.01-27.3
    Evidence in actions regarding issuance of bad check
    § 8.01-27.4
    Civil recovery for professional services
    § 8.01-27.5
    Duty of in-network providers to submit claims to health insurers; liability of covered patients for unbilled health care services
    § 8.01-28
    When judgment to be given in action upon contract or note unless defendant appears and denies claim under oath
    § 8.01-29
    Procedure in actions on annuity and installment bonds, and other actions for penalties for nonperformance
    § 8.01-30
    Procedure in actions on contracts made by several persons
    § 8.01-31
    Accounting in equity
    § 8.01-32
    Action on lost evidences of debt
    § 8.01-33
    Equitable relief in certain cases
  • Article 3.
    Injury to Person or Property
    Read all
    • § 8.01-34
    When contribution among wrongdoers enforced
    § 8.01-35
    Damages for loss of income not diminished by reimbursement
    § 8.01-35.1
    Effect of release or covenant not to sue in respect to liability and contribution
    § 8.01-36
    Joinder of action of tort to infant with action for recovery of expenses incurred thereby and claim for recovery of expenses by infant
    § 8.01-37
    Recovery of lost wages in action for injuries to emancipated infant
    § 8.01-37.1
    Claims for medical services provided by United States; proof of reasonable value
    § 8.01-38
    Tort liability of hospitals
    § 8.01-38.1
    Limitation on recovery of punitive damages
    § 8.01-39
    Completion or acceptance of work not bar to action against independent contractor for personal injury, wrongful death or damage to property
    § 8.01-40
    Unauthorized use of name or picture of any person; punitive damages; statute of limitations
    § 8.01-40.1
    Action for injury resulting from violation of Computer Crimes Act; limitations
    § 8.01-40.2
    Unsolicited transmission of advertising materials by facsimile machine
    § 8.01-40.3
    Unauthorized dissemination, etc., of criminal history record information; civil action
    § 8.01-40.4
    Civil action for unlawful creation of image of another or unlawful dissemination or sale of images of another
    § 8.01-40.5
    Publishing or distributing material harmful to minors on the Internet
    § 8.01-41
    Wrongful distraint, attachment
    § 8.01-42
    Loss or injury to clothing in dyeing, dry cleaning, or laundering
    § 8.01-42.1
    Civil action for racial, religious, or ethnic harassment, violence or vandalism
    § 8.01-42.2
    Liability of guest for hotel damage
    § 8.01-42.3
    Civil action for stalking
    § 8.01-42.4
    Civil action for trafficking in persons
    § 8.01-42.5
    Civil action for female genital mutilation
    § 8.01-43
    Action against parent for damage to public property by minor
    § 8.01-44
    Action against parent for damage to private property by minor
    § 8.01-44.1
    Immunity from civil liability of members of certain committees, etc.
    § 8.01-44.2
    Action against physician for vaccine-related injury or death
    § 8.01-44.3
    Divulgence of communications by qualified interpreters and communications assistants
    § 8.01-44.4
    Action for shoplifting and employee theft
    § 8.01-44.5
    Punitive damages for persons injured by intoxicated drivers
    § 8.01-44.6
    Action for injury to cemetery property
    § 8.01-44.7
    Action for tampering with metering device and diverting service
  • Article 4.
    Defamation
    Read all
    • § 8.01-45
    Action for insulting words
    § 8.01-46
    Justification and mitigation of damages
    § 8.01-46.1
    Disclosure of employment-related information; presumptions; causes of action; definitions
    § 8.01-46.2
    Civil action for dissemination of intimate images to another; penalty
    § 8.01-47
    Immunity of persons investigating or reporting certain incidents at schools
    § 8.01-48
    Mitigation in actions against newspapers, etc.
    § 8.01-49
    Defamatory statements in radio and television broadcasts
    § 8.01-49.1
    Liability for defamatory material on the Internet
  • Article 5.
    Death by Wrongful Act
    Read all
    • § 8.01-50
    Action for death by wrongful act; how and when to be brought
    § 8.01-50.1
    Certification of expert witness opinion at time of service of process
    § 8.01-51
    No action when deceased has compromised claim
    § 8.01-52
    Amount of damages
    § 8.01-52.1
    Admissibility of expressions of sympathy
    § 8.01-53
    Class and beneficiaries; when determined
    § 8.01-54
    Judgment to distribute recovery when verdict fails to do so
    § 8.01-55
    Compromise of claim for death by wrongful act
    § 8.01-56
    When right of action not to determine nor action to abate
  • Article 6.
    Injuries to Railroad Employees
    Read all
    • § 8.01-57
    Liability of railroads for injury to certain employees
    § 8.01-58
    Contributory negligence no bar to recovery; violation of safety appliance acts
    § 8.01-59
    Assumption of risk; violation of safety appliance acts
    § 8.01-60
    Contracts exempting from liability void; set-off of insurance
    § 8.01-61
    Definition of "common carrier" as used in article
    § 8.01-62
    Action may embrace liability under both State and federal acts
  • Article 7.
    Motor Vehicle Accidents
    Read all
    • § 8.01-63
    Liability for death or injury to guest in motor vehicle
    § 8.01-64
    Liability for negligence of minor
    § 8.01-65
    Defense of lack of consent of owner
    § 8.01-66
    Recovery of damages for loss of use of vehicle
    § 8.01-66.1
    Remedy for arbitrary refusal of motor vehicle insurance claim
    § 8.01-66.1:1
    (For January 1, 2016, applicability date, see Editor's note) Subrogation claims by underinsured motorist benefits insurer
  • Article 7.1.
    Lien for Hospital, Medical and Nursing Services
    Read all
    • § 8.01-66.2
    Lien against person whose negligence causes injury
    § 8.01-66.3
    Lien inferior to claim of attorney or personal representative
    § 8.01-66.4
    Subrogation
    § 8.01-66.5
    Written notice required
    § 8.01-66.6
    Liability for reasonable charges for services
    § 8.01-66.7
    Hearing and disposal of claim of unreasonableness
    § 8.01-66.8
    Petition to enforce lien
    § 8.01-66.9
    Lien in favor of Commonwealth, its programs, institutions or departments on claim for personal injuries
    § 8.01-66.9:1
    Lien against recovery for medical treatment provided to prisoner
    § 8.01-66.9:2
    (Effective January 1, 2025) Lien in favor of the Department of Medical Assistance Services on claim for personal injuries
    § 8.01-66.10
    Death claims settled by compromise or suit
    § 8.01-66.11
    Necessity for settlement or judgment
    § 8.01-66.12
    Term physician to include chiropractor
  • Article 8.
    Actions for the Sale, Lease, Exchange, Redemption and Other Disposition of Lands of Persons under a Disability
    Read all
    • § 8.01-67
    Definitions; persons under a disability; fiduciary
    § 8.01-68
    Jurisdiction
    § 8.01-69
    Commencement of suit; parties
    § 8.01-70
    Repealed
    § 8.01-72
    When death to abate such suit
    § 8.01-73
    Guardian ad litem to be appointed
    § 8.01-74
    Leases on behalf of persons under disability; new leases
    § 8.01-75
    Who not to be purchaser
    § 8.01-76
    How proceeds from disposition to be secured and applied; when same may be paid over
    § 8.01-77
    What proceeds of sale to pass as real estate
    § 8.01-78
    Alternate procedure for sale of real estate of person under disability
    § 8.01-79
    Same; reference of petition to commissioner
    § 8.01-80
    Same; action of court on report; application of proceeds of transaction
  • Article 9.
    Partition
    Read all
    • § 8.01-81
    Who may compel partition of land; jurisdiction; validation of certain partitions of mineral rights; when shares of two or more laid off together
    § 8.01-81.1
    Determination of value
    § 8.01-82
    Repealed
    § 8.01-83
    Allotment to one or more parties, or sale, in lieu of partition
    § 8.01-83.1
    Open-market sale, sealed bids, or auction
    § 8.01-83.2
    Notice by posting
    § 8.01-83.3
    Commissioners
    § 8.01-84
    Application of proceeds of sale to payment of lien
    § 8.01-85
    Disposition of share in proceeds of person under disability
    § 8.01-86
    Repealed
    § 8.01-87
    Validation of certain partitions prior to act of 1922
    § 8.01-88
    Decree of partition to vest legal title
    § 8.01-89
    When proceeds of sale deemed personal estate
    § 8.01-90
    When name or share of parties unknown
    § 8.01-91
    Effect of partition or sale on lessee's rights
    § 8.01-92
    Allowance of attorney fees out of unrepresented shares
    § 8.01-93
    Partition of goods, etc., by sale, if necessary
  • Article 10.
    Sale, Lease, or Exchange of Certain Estates in Property
    Read all
    • § 8.01-94
    When sold, leased or exchanged
    § 8.01-95
    Procedure in such case
  • Article 11.
    General Provisions for Judicial Sales
    Read all
    • § 8.01-96
    Decree for sale; how made; bond of commissioner
    § 8.01-97
    Delinquent taxes to be ascertained
    § 8.01-98
    Sales of land when purchase price insufficient to pay taxes, etc.
    § 8.01-99
    Bond required of special commissioner for sale
    § 8.01-100
    Liability of clerk for false certificate or failure to give bond
    § 8.01-101
    Purchasers relieved of liability for purchase money paid to such commissioner
    § 8.01-102
    Purchasers not required to see to application of purchase money
    § 8.01-103
    Special commissioner or other person appointed to do so to receive purchase money, etc.; liability of clerk for failure to give notice of appointment
    § 8.01-104
    Repealed
    § 8.01-105
    Rule against special commissioner, purchaser, etc., for judgment for amounts due
    § 8.01-106
    How cause heard upon rule and judgment rendered
    § 8.01-107
    Trial by jury of issues made upon rule
    § 8.01-108
    When sureties of commissioner, purchaser, etc., proceeded against by rule
    § 8.01-109
    Commission for selling, collecting, etc.; each piece of property to constitute separate sale
    § 8.01-110
    Appointment of special commissioner to execute deed, etc.; effect of deed
    § 8.01-111
    What such deed to show
    § 8.01-112
    Reinstatement of cause to appoint special commissioner to make deed
    § 8.01-113
    When title of purchaser at judicial sale not to be disturbed
  • Article 12.
    Detinue
    Read all
    • § 8.01-114
    When property to be taken by officer; summary of evidence, affidavits and report to be filed
    § 8.01-115
    Bond required as prerequisite
    § 8.01-116
    Return of property to defendant or other claimant
    § 8.01-117
    Exceptions to sufficiency of bonds
    § 8.01-118
    Repealed
    § 8.01-119
    Hearing to review issuance of order or process under § 8.01-114 or to consider request for such order or process
    § 8.01-120
    No verdict as to some items; omission of price or value
    § 8.01-121
    Final judgment
    § 8.01-122
    Charges for keeping property
    § 8.01-123
    Recovery of damages sustained for property withheld during appeal
  • Article 13.
    Unlawful Entry and Detainer
    Read all
    • § 8.01-124
    Motion for judgment in circuit court for unlawful entry or detainer
    § 8.01-125
    When summons returnable to circuit court; jury
    § 8.01-126
    Summons for unlawful detainer issued by magistrate or clerk or judge of a general district court
    § 8.01-127
    Repealed
    § 8.01-128
    Verdict and judgment; damages
    § 8.01-129
    Appeal from judgment of general district court
    § 8.01-130
    Judgment not to bar action of trespass, ejectment, or unlawful detainer
    § 8.01-130.01
    Unlawful detainer; expungement
  • Article 13.1.
    Warrants in Distress
    Read all
    • § 8.01-130.1
    Remedy for rent and for use and occupation
    § 8.01-130.2
    Who may recover rent or compensation
    § 8.01-130.3
    Who is liable for rent
    § 8.01-130.4
    When and by whom distress made
    § 8.01-130.5
    Procedure for trial on warrant in distress
    § 8.01-130.6
    On what goods levied; to what extent goods liable; priorities between landlord and other lienors
    § 8.01-130.7
    Procedure when distress levied and tenant unable to give forthcoming bond; what defense may be made
    § 8.01-130.8
    Review of decision to issue ex parte order or process; claim of exemption
    § 8.01-130.9
    On what terms purchasers and lienors inferior to landlord may remove goods; certain liens not affected
    § 8.01-130.10
    When goods of a sublessee may be removed from leased premises
    § 8.01-130.11
    When officer may enter by force to levy distress or attachment
    § 8.01-130.12
    When distress not unlawful because of irregularity, etc.
    § 8.01-130.13
    Return of execution; process of sale thereunder
  • Article 14.
    Ejectment
    Read all
    • § 8.01-131
    Action of ejectment retained; when and by whom brought
    § 8.01-132
    What interest and right plaintiff must have
    § 8.01-133
    Who shall be defendants; when and how landlord may defend
    § 8.01-134
    How action commenced and prosecuted
    § 8.01-135
    What is to be stated in motion for judgment
    § 8.01-136
    How premises described
    § 8.01-137
    Plaintiff to state how he claims
    § 8.01-138
    There may be several counts and several plaintiffs
    § 8.01-139
    What proof by plaintiff is sufficient
    § 8.01-140
    Effect of reservation in deed; burden of proof
    § 8.01-141
    When action by cotenants, etc., against cotenants, what plaintiff to prove
    § 8.01-142
    Verdict when action against several defendants
    § 8.01-143
    When there may be several judgments against defendants
    § 8.01-144
    Recovery of part of premises claimed
    § 8.01-145
    When possession of part not possession of whole
    § 8.01-146
    When vendee, etc., entitled to conveyance of legal title, vendor cannot recover
    § 8.01-147
    When mortgagee or trustee not to recover
    § 8.01-148
    Right of defendant to resort to equity not affected
    § 8.01-149
    Verdict when jury finds for plaintiffs or any of them
    § 8.01-150
    Verdict when any plaintiff has no right
    § 8.01-151
    How verdict to specify premises recovered
    § 8.01-152
    How verdict to specify undivided interest or share
    § 8.01-153
    Verdict to specify estate of plaintiff
    § 8.01-154
    When right of plaintiff expires before trial, what judgment entered
    § 8.01-155
    How judgment for plaintiff entered
    § 8.01-156
    Authority of sheriffs, etc., to store and sell personal property removed from premises; recovery of possession by owner; disposition or sale
    § 8.01-157
    Repealed
    § 8.01-158
    How claim of plaintiff for profits and damages assessed
    § 8.01-159
    When court to assess damages
    § 8.01-160
    Defendant to give notice of claim for improvements
    § 8.01-161
    How allowed
    § 8.01-162
    Postponement of assessment and allowance
    § 8.01-163
    Judgment to be conclusive
    § 8.01-164
    Recovery of mesne profits, etc., not affected
    § 8.01-165
    Writ of right, etc., abolished
  • Article 15.
    Improvements
    Read all
    • § 8.01-166
    How defendant may apply therefor, and have judgment suspended
    § 8.01-167
    How damages of plaintiff assessed
    § 8.01-168
    For what time
    § 8.01-169
    How value of improvements determined in favor of defendant
    § 8.01-170
    If allowance for improvements exceed damages, what to be done
    § 8.01-171
    Verdict for balance, after offsetting damages against improvements
    § 8.01-172
    Balance for defendant a lien on the land
    § 8.01-173
    How tenant for life, paying for improvements, reimbursed
    § 8.01-174
    Exception as to mortgagees and trustees
    § 8.01-175
    When plaintiff may require his estate only to be valued; how determined; how he may elect to relinquish his title to defendant
    § 8.01-176
    How payment of such value to be made by defendant; when land sold therefor
    § 8.01-177
    When such value to be deemed real estate
    § 8.01-178
    When and how defendant, if evicted, may recover from plaintiff amount paid
  • Article 21.
    Miscellaneous Provisions
    Read all
    • § 8.01-218
    Replevin abolished
    § 8.01-219
    Effect of judgment in trover
    § 8.01-219.1
    Responsibility of possessor of real property for harm to trespasser
    § 8.01-220
    Action for alienation of affection, breach of promise, criminal conversation and seduction abolished
    § 8.01-220.1
    Defense of interspousal immunity abolished as to certain causes of action arising on or after July 1, 1981
    § 8.01-220.1:1
    Civil immunity for officers, partners, members, managers, trustees and directors of certain tax exempt organizations
    § 8.01-220.1:2
    Civil immunity for teachers under certain circumstances
    § 8.01-220.1:3
    Immunity for members of church, synagogue or religious body
    § 8.01-220.1:4
    Civil immunity for officers and directors of certain nonprofit organizations
    § 8.01-220.1:5
    Defense of intra-family immunity abolished for wrongful death actions
    § 8.01-220.2
    Repealed
    § 8.01-221
    Damages from violation of statute, remedy therefor and penalty
    § 8.01-221.1
    Unestablished business damages; lost profits
    § 8.01-221.2
    Rescission; undue influence; attorney fees
    § 8.01-222
    Repealed
    § 8.01-223
    Lack of privity no defense in certain cases
    § 8.01-223.1
    Use of constitutional rights
    § 8.01-223.2
    Immunity of persons for statements made at public hearing or communicated to third party
    § 8.01-224
    Defense of governmental immunity not available to certain persons in actions for damages from blasting, etc.
    § 8.01-225
    Persons rendering emergency care, obstetrical services exempt from liability
    § 8.01-225.01
    Certain immunity for health care providers during disasters under specific circumstances
    § 8.01-225.02
    Certain liability protection for health care providers during disasters
    § 8.01-225.03
    Certain immunity for certain hospices, home care organizations, private providers, assisted living facilities, and adult day centers during a disaster under specific circumstances
    § 8.01-225.1
    Immunity for team physicians
    § 8.01-225.2
    Immunity for those rendering emergency care to animals
    § 8.01-225.3
    Immunity for volunteer first responders en route to an emergency
    § 8.01-226
    Duty of care to law-enforcement officers, firefighters, etc.
    § 8.01-226.1
    Civil immunity when participating in Lawyers Helping Lawyers
    § 8.01-226.2
    Civil immunity for licensed professional engineers and licensed architects participating in rescue or relief assistance
    § 8.01-226.3
    Civil immunity for officers, directors and members of certain crime information-gathering organizations
    § 8.01-226.4
    Civil immunity for hospice volunteers
    § 8.01-226.5
    Immunity for installers and inspectors of child restraint devices
    § 8.01-226.5:1
    Civil immunity for school board employees supervising self-administration of certain medication
    § 8.01-226.5:2
    Immunity of hospital and emergency medical services agency personnel for the acceptance of certain infants
    § 8.01-226.6
    Repealed
    § 8.01-226.7
    Owner and agent compliance with residential lead-based paint notification; maintenance immunity
    § 8.01-226.8
    Civil immunity for public and nonprofit corporation officials and private volunteers participating in certain programs for probationers
    § 8.01-226.9
    Exemption from civil liability in connection with arrest or detention of person suspected of shoplifting
    § 8.01-226.10
    Civil immunity for causing the arrest of a person for a bad check
    § 8.01-226.11
    Civil immunity for operation of victim notification program
    § 8.01-226.12
    Duty of landlord and managing agent with respect to visible mold
    § 8.01-226.13
    Limited standing to seek injunctive relief against manufacturing companies
    § 8.01-227
    Remedy by motion on certain bonds given or taken by officers; notice
  • Article 23.
    Drug Dealer Liability Act
    Read all
    • § 8.01-227.4
    Definitions
    § 8.01-227.5
    Persons who may bring action; persons against whom actions may be brought; damages recoverable
    § 8.01-227.6
    Law-enforcement officer or agency; health care provider not liable under certain conditions
    § 8.01-227.7
    Statute of limitations