Except in the Supreme Court any new party to a case, whether he be joined or substituted, may in the discretion of the court have a continuance; and the court may allow him to plead anew or amend the pleadings so far as it deems reasonable, but in other respects the case shall proceed to final judgment or decree for or against him, in like manner as if he had been an original party to the case.
§ 8.01-16.New parties may have continuance.
Chapter 2. Parties · Article 3. Death or Change of Parties · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-16 lets any new party to a case, other than in the Supreme Court, receive a continuance and permission to plead anew or amend the pleadings in the court’s discretion, but otherwise requires the case to proceed to judgment for or against that party as if an original party from the start.
Full Text of § 8.01-16
Plain-English Summary
When a case gains a new party partway through — whether by joinder or substitution — that party did not have the same head start as the original litigants. Section 8.01-16 addresses that gap. Except in the Supreme Court, any new party may, in the court’s discretion, have a continuance, and the court may allow the new party to plead anew or amend the pleadings so far as it deems reasonable.
Beyond that accommodation, the section does not give the new party a different track through the case. In every other respect, the case proceeds to final judgment or decree for or against the new party in the same manner as if that party had been an original party to the case from the beginning.
Frequently Asked Questions
Does a newly added party to a Virginia case get extra time to prepare?
Possibly. Section 8.01-16 allows a new party to have a continuance, in the court’s discretion, though it is not automatic.
Can a new party amend the pleadings after joining the case?
Yes. Section 8.01-16 lets the court allow the new party to plead anew or amend the pleadings so far as the court deems reasonable.
Does this section apply to cases in the Supreme Court of Virginia?
No. Section 8.01-16 expressly excepts the Supreme Court from its continuance and re-pleading allowance.
Aside from a possible continuance, is a new party treated differently from an original party?
No. Section 8.01-16 requires the case to proceed to final judgment or decree for or against the new party in the same manner as if that party had been an original party from the outset.
Is the continuance for a new party automatic once they join the case?
No. Section 8.01-16 leaves it to the court’s discretion whether to grant a continuance.
Amendment History
Code 1950, § 8-150; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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