When the party whose powers cease is 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.
Code 1950, § 8-152; 1954, c. 333; 1977, c. 617.
Structure Code of Virginia
Title 8.01 - Civil Remedies and Procedure
§ 8.01-5. Effect of nonjoinder or misjoinder; limitation on joinder of insurance company
§ 8.01-6. Amending pleading; relation back to original pleading
§ 8.01-6.1. Amendment of pleading changing or adding a claim or defense; relation back
§ 8.01-6.2. Amendment of pleading; relation back to original pleading; confusion in trade name
§ 8.01-6.3. Actions or suits against fiduciaries; style of the case; amendment of pleading
§ 8.01-7. When court may add new parties to suit
§ 8.01-10. Joinder of tenants in common
§ 8.01-11. Proceedings on writing binding deceased person
§ 8.01-12. Suit by beneficial owner when legal title in another
§ 8.01-13. Assignee or beneficial owner may sue in own name; certain discounts allowed
§ 8.01-14. Suit against assignor
§ 8.01-15. Suits by and against unincorporated associations or orders
§ 8.01-15.1. Anonymous plaintiff; motion for identification; factors to be considered by court
§ 8.01-15.2. Servicemembers Civil Relief Act; default judgment; appointment of counsel
§ 8.01-16. New parties may have continuance
§ 8.01-17. When party whose powers cease is defendant
§ 8.01-18. When suit discontinued unless revived
§ 8.01-19. Effect of marriage or change of name of party
§ 8.01-20. Effect of marriage, change of name or death on appeal
§ 8.01-20.1. Certification of expert witness opinion at time of service of process
§ 8.01-21. Judgment when death or disability occurs after verdict but before judgment
§ 8.01-22. When death or disability occurs as to any of several plaintiffs or defendants
§ 8.01-23. Decree in suit when number of parties exceeds 30 and one of them dies
§ 8.01-24. Writ of scire facias abolished; substitutes therefor