Virginia § 8.01-17 - When party whose powers cease is defendant
Full text of Virginia Code of Virginia § 8.01-17 — When party whose powers cease is defendant, with citation guidance and answers to common questions.
§ 8.01-17. When party whose powers cease is defendant
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'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.
Code 1950, § 8-152; 1954, c. 333; 1977, c. 617; 2025, c. 460.
Frequently Asked Questions About Virginia § 8.01-17
What does Code of Virginia § 8.01-17 cover?
Section 8.01-17 ("When party whose powers cease is defendant") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 8.01-17?
A common citation format is "Code of Virginia § 8.01-17" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 8.01-17 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.